UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`4
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Ofliee
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`.
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`NGUYEN, CAO H
`
`2173
`
`DATE MAILED: 12/07/2004
`
`3125—4002USI
`Keith R. McNally
`11/01/200]
`10/015,729
`TITLE OF INVENTION: INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS SYSTEM WITH MENU GENERATION
`
`7758
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`YES
`
`ISSUE FEE
`
`$685
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`PUBLICATION FEE
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`Page 1 of 3
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`Starbucks Corp. Exhibit 1060 A
`
`Starbucks Corp. Exhibit 1060
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`3125-4002USI
`Keith R. McNally
`11/01/2001
`10/015,729
`TITLE OF INVENTION: INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS SYSTEM WITH MENU GENERATION
`
`7758
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`YES
`
`EXAMINER
`
`NGUYEN, CAO H
`
`ISSUE FEE
`
`$685
`
`ART UNIT
`
`2173
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$0
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`CLASS-SUBCLASS
`
`345-810000
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`$685
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`DATE DUE
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`03/07/2005
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`1. Chan e
`2. For printing on the patent front page, list
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`<))f correspondence address or indication of "Fee Address" (37
`CFR 1.3g63
`(1) the names of up to 3 registered patent attorneys
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`or agents OR, alternatively,
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`If an assignee is identified below, the document has been filed for
`ee is identified below{ no assignee data will appear on_ the patent.
`PLEASE NOTE: Unless an assi
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`(A) NAME or ASSIGNEE
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`grim 1432, A0Exap£13§¥ir iln‘izggZ313-l450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`exan
`a,
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Starbucks Corp. Exhibit 1060
`
`Starbucks Corp. Exhibit 1060
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademar k Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450 ‘
`Alexandria, Virginia 22313-1450
`WWW.usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`100157»
`
`11/01/2001
`
`Keith R.McNa11y
`
`31254002u51
`
`7758
`
`MORGAN & FINNEGAN, L.L.P.
`345 Park Avenue
`New York, NY 10154-0053
`
`NGUYEN, CAOH
`
`‘
`
`2173
`
`DATE MAILED: 12/07/2004
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 706 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 706 day(s).
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
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`PTOL-SS (_Rev.
`
`1 1/04) Approved for use through 04/30/2007.
`
`Page 3 of 3
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`Starbucks Corp. Exhibit 1060
`
`Starbucks Corp. Exhibit 1060
`
`

`

`Notice of Allowability
`
`10/015,729
`Examiner
`
`
`
`Applicant(s)
`
`MCNALLY ET AL.
`Art Unit
`
`
` Application No.
`
`2173
`
`Cao (Kevin) Nguyen
`
`
`
`
`
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.
`
`This communication is responsive to 11/01/01.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` 2. IX The allowed claim(s) is/are 69-83.
`
`3. X The drawings filed on 01 November 2001 are accepted by the Examiner.
`
`
`4. E] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) C] All
`lb) [:1 Some'
`c) E] None
`of the:
`
`
`
`
`1. I] Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`" Certified copies not received:
`
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. E] CORRECTED DRAWINGS (as “replacement sheets") must be submitted.
`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) El hereto or 2) [:I to Paper No./Mail Date
`'
`.
`
`(b) E] including changes required by the attached Examiner's Amendment/ Comment or in the Office action of
`Paper No./Mail Date
`.
`
`
`
`’
` Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with thereqfiirements
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121 (d).
`
`
`
`
`7. E] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`Attachment(s)
`1. E Notice of References Cited (PTO-892)
`5. C] Notice of Informal Patent Application (PTO-152)
`
`
`2. E] Notice of Draflperson‘s Patent Drawing Review (PTO-948)
`6. [:l Interview Summary (PTO-413),
`
`
`.
`'
`Paper No./Mai| Date '__ .
`3. IX Information Disclosure Statements (PTO-1449 or PTO/SB/08),
`Tfl Examiner's Amendment/Comment
`Paper No./Mail Date 07/06/04
`.
`
`
`4. E] Examiner's Comment Regarding Requirement for Deposit
`8. E] Examiner's Statement of Reasons for Allowance
`of Biological Material
`9. [:1 Other
`.
`
`
`
`
`CAO (KEVIN) WEN
`PRIMARY EXAMINER
`
` U.S. Patent and Trademark Office
`PTOL-37 (Rev. 1-04)
`Notice of Allowability
`Part of Paper No./Mai| Date 20041124
`Starbucks Corp. Exhibit 1060
`
`
`
`Starbucks Corp. Exhibit 1060
`
`

`

`Application/Control Number: 10/015,729
`Art Unit: 2173
`
`Page2
`
`DETAILED ACTION
`
`EXAMINER'S AMENDMENT
`
`1.
`
`An examiner's amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview with
`
`Angus Gill' on 11112/04.
`
`The application has been amended as follows:
`
`Claims 1-68 and 84-93 have been cancelled.
`
`2.
`
`Claims 69-83 are allowed over the prior art of record.
`
`Allowable Subject Matter
`
`Applicant has claimed uniquely distinct features in the instant invention which are not
`
`found in·the prior art either singularly or in combination. They are an information management
`
`and synchronous corru:iJ.unications system for generating and transmitting menus comprising a
`
`central processing unit, a data storage device connected to central processing unit, an operating
`
`system including graphical user interface, a first menu consisting of menu categories, menu
`
`categories consisting of menu items, first menu stored on said data storage device and
`
`displayable in a window of graphical user interface in a hierarchic~! tree format, a modifier menu
`
`stored on said data storage device and displayable in window of graphical user interface, a sub-
`
`modifier menu stored on said data storage device and displayable in a window of graphical user
`
`Starbucks Corp. Exhibit 1060
`
`

`

`Application/Control Number: 10/015,729
`
`Art Unit: 2173
`
`Page 3
`
`interface, and application sofiware for generating a second menu from first menu and
`
`transmitting second menu to a wireless handheld computing device or Web page, wherein the
`application software facilitates the generation on the second menu by allowing selection of
`
`categories and items fiom the first menu, addition of menu categories to the second menu,
`
`addition of menu items to the second menu and assignment of parameters to items in the second
`
`menu using the graphical user interface of operating system, parameters being selected from the
`
`modifier and sub-modifier menus, wherein second menu is applicable to a predetermined type of
`
`ordering. These features arevnot found or suggested in the prior art.
`
`The present invention is directed to an information management and synchronous
`
`communications system for generating and transmitting menus. Each independent claim is
`
`identified the uniquely distinct features "wherein the application software facilitates the
`
`generation on the second menu by allowing selection of categories and items tram the tzrst menu,
`
`addition at menu categories to the second menu, addition of menu items to the second menu and
`
`assi ment 0
`
`arameters to items in the second menu usin the
`
`a hical user inter ace 0
`
`operating system, garameters being selected fiom the modifier and sub—modifier menus, wherein
`
`second menu is agglicable to a predetermined {Eye of ordering”. The closest prior art, Cupps
`
`(US Patent No. 5,991,739) and Chen (US Patent No. 5,724,069) discloses convention of user
`
`interactive interface providing an on-line ordering distribution, either singularly or in
`
`combination, fail to anticipate or render the above underlined limitations obvious.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`Starbucks Corp. Exhibit 1060
`
`Starbucks Corp. Exhibit 1060
`
`

`

`Application/Control Number: 10/015,729
`
`Art Unit: 2173
`
`Page 4
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`3.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Cao 0(evin) Nguyen whose telephone number is (571)272-4053.
`
`The examiner can normally be reached on 8:30AM-5:00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, John Cabeca can be reached on (571)272-4048. The fax phone number for the
`
`organization where this application or proceeding is assigned is 703-872-9306.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`
` Cao (Kevin)
`
`Primary Ex
`Art Unit 2173
`
`11/24/04
`
`Starbucks Corp. Exhibit 1060
`
`Starbucks Corp. Exhibit 1060
`
`