PATENT OWNER
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`PATENT OWNER
`EXHIBIT 2022
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`EXHIBIT 2022
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`PATENT OWNER
`EXHIBIT 2022
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`EXHIBIT 2022
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`Docket No. 1004293.005US
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Serial No.:
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`1 1/ 1 12,990
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`.
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`Confirmation No.:
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`7098
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`App1icant(s):
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`‘McNally, et al.
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`Group Art Unit:
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`2191
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`Filed:
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`April 22, 2005
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`Examiner:
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`Brophy, Matthew
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`For:
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`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS 4
`SYSTEM WITH MENU GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
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`SUPPLEMENTAL RESPONSE AND AMENDMENT OF CLAIMS
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`Mail Stop Amendment
`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`Sir:
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`Applicants sincerely thank the Examiner, and also Wei Zhen and Gail Hayes of the
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`USPTO, for the very productive interview on November 16, 2010. This Supplemental Response
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`and Amendment of Claims responds to the discussion of that interview, as ‘summarized in the
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`Interview Summary of December 7, 2010.
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`Please amend the above-identified application as follows:
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`Amendments to the Claims are reflected in the listing of claims which begins on page 2
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`of this paper; and
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`Remarks begin on page 12 of this paper.
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`Amendments to the Claims:
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`This listing of claims will replace all prior versions, and listings, of claims in the
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`application. By the present amendment, Claims 109-114 are cancelled. Claims 103-108, 115-
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`122, 124-125 and 127 are amended. Claims 103-108 and 115-127 are now pending in the
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`application. No new matter has been added by the present amendment.
`1-102. (Cancelled).
`I
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`103. (Currently Amended) An information management and real time synchronous
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`communications system for configuring and transmitting hospitality menus comprising:
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`a. a central processing unit,
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`b. a data storage device connected to said central processing unit,
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`c_. an operating system including a first graphical user interface,
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`d. a master menu including at least menu categories, menu items and modifiers, wherein
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`said master menu is capable of being stored on said data storage device pursuant to a master
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`menu file structure and said master menu is capable of being configured for display to facilitate
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`user operations in at least one window of said first graphical user interface as cascaded sets of
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`linked graphical user interface screens, and
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`e. menu configuration software enabled to generate a programmed handheld menu
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`a wireless handheld computing device, said programmed handheld menu configuration
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`comprising at least menu categories, menu items and modifiers and wherein the menu
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`configuration software is enabled to generate said programmed handheld menu configuration by
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`utilizing parameters from the master menu file structure defining at least the menu categories,
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`menu items and modifiers of the master menu such that at least the menu categories, menu items
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`and modifiers comprising the programmed handheld menu configuration are synchronized in real
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`time with analogous information comprising the master menu,
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`wherein the menu configuration software is further enabled to generate the programmed
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`handheld menu configuration in conformity with display screen parameters unique to the
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`wireless handheld computing device to facilitate user operations with and display of the
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`programmed handheld menu configuration on the display screen of a handheld graphical user
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`interface integral with the wireless handheld computing device, wherein said display screen
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`parameters comprise at least the displayable size of the handheld graphical user interface
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`wherein the programmed handheld menu configuration is configured by the menu configuration
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`software for display as programmed cascaded sets of linked graphical user interface screens
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`appropriate for the display screen parameters of the wireless handheld computing device,
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`wherein said programmed cascaded sets of linked graphical user interface screens for display of
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`‘ the handheld menu configuration are configured differently from the cascaded sets of linked
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`graphical user interface screens for display ofthe master menu on said first graphical user
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`interface, and
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`wherein the system is enabled for real time synchronous communications to and from the
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`wireless handheld computing device utilizing the programmed handheld menu configuration
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`including the capability of real time synchronous transmission of the programmed handheld
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`menu configuration to the wireless handheld computing device and real time synchronous
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`transmissions of selections made from the handheld menu configuration on the wireless handheld
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`computing device-and
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`104. (Currently Amended) The information management and synchronous
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`communications system in accordance with claim 103, wherein
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`the system is further enabled by a communications systemic
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`relationship providing a common, linked system comprising:
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`a) A Wireless Hub Application;
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`b) A Web Hub Application;
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`c) Linked Databases between two or more different Hospitalig; Applications; and '
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`d) A Communications Setup Application.
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`105. (Currently Amended) The information management and real time synchronous
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` stem in accordance with claim 103,—er-104, wherein the information from the
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`POS database is automatically imported into the system.
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`106. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with laim 103, wherein the said
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`Hospitality Applications include at least
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`e) Reservations applications.
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`107. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with 1aim 103, wherein the said
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`Hospitality Applications include at least
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`e) Ticketing applications.
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`108. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with laim 103,
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`further enabled to automatically format the programmed handheld menu configuration for
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`1 display as cascaded sets of linked graphical user interface screens appropriate for the display
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`parameters of at least two different wireless handheld computing device display sizes in the same
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`connected system.
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`109. (Cancelled)
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`110. (Cancelled)
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`111. (Cancelled).
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`1 12. (Cancelled)
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`1 13 .(Cancel1ed)
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`114. (Cancelled)
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`115. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with laim 103 in which the
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`wireless handheld computing device is a smart phone.
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`116. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with 1aim 103, further enabled to
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`facilitate and complete payment processing directly from the wireless handheld computing
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`device including:
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`a) Billing;
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`b) Status; and
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`p c) Payment Information.
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`117. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with laim 103, wherein one or
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`more of the layout, views or fonts of the programmed handheld menu configuration are created
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`in conformity with the display screen parameters of the wireless handheld computing device and
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`wherein the system is enabled to generate a view of the programmed handheld menu
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`configuration for user preview from the central computing unit and which facilitates a further
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`user manual modification prior to the transmissions of the programmed handheld menu
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`configuration to the wireless handheld computing device. -
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`118. Currently Amended) An information management and real time synchronous
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`communications system for configuring and transmitting hospitality menus comprising:
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`a) a central processing unit;
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`b) a data storage device connected to said central processing unit;
`c) an operating system including a first graphical user interface, said operating system
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`configured to interoperate with the central processing unit, the data storage device and
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`application software;
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`d) a master menu including menu categories and menu items, wherein said master menu
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`‘
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`is capable of being stored on said data storage device pursuant to a master menu file structure
`and said master menu is capable ofbeing configured for display to facilitate user operations in at
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`least one window of said first graphical user interface as cascaded sets of linked graphical user
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`interface screens; and
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`e) a modifier menu capable ofbeing stored on said data storage device, and menu
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`- configuration software enabled to automatically generate a programmed handheld menu
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`configuration from said master menu for display on a wireless handheld computing device, said
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`programmed handheld menu configuration comprising at least menu categories, menu items and
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`modifiers and wherein the menu configuration software is enabled to generate said programmed
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`handheld menu configuration by utilizing parameters from the master menu file structure
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`defining at least the categories and items of the master menu and modifiers from the modifier
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`menu at least the menu categories, menu items and modifiers comprising the programmed
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`handheld menu configuration are synchronized in real time with analogous information
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`comprising the master and modifier menus wherein the menu configuration software is fiirther
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`screen parameters unique to the wireless handheld computing device to facilitate user operations
`with and display ofthe programmed handheld menu configuration on the display screen of a .
`handheld graphical user interface integral with the wireless handheld computing device, wherein
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`said display screen parameters comprise at least the displayable size of the handheld graphical
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`user interface,
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`wherein the programmed handheld menu configuration is configured by the menu
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`configuration software for display as cascaded sets of linked graphical user interface screens
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`appropriate for the display screen parameters of the wireless handheld computing device,
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`wherein said cascaded sets of linked graphical user interface screens for display of the
`programmed handheld menu configuration are configured differently from the cascaded sets of
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`related graphical user interface screens for display of the master menu on said first graphical user
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`interface, and
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`wherein the system is enabled for real time synchronous communications to and from the
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`wireless handheld computing device utilizing the programmed handheld menu configuration
`including the capability ofreal time synchronous transmission of at least the menu categories,
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`menu items and modifiers comprising the programmed handheld menu configuration to the
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`wireless handheld_ computing device and real time synchronous transmissions of selections made
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`from the handheld menu configuration on the wireless handheld computing device and
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`t-he-system.
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`119. The information management and real time synchronous communications system in
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`accordance with claim 118, further including a communications systemic relationship
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`comprising:
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`a) A Wireless Hub Application;
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`b) A Web Hub Application;
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`c) Linked Databases Between two or more different Hospitality Applications; and
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`d) A Communications Setup Application.
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`120. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with
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`9¥aym claim 118, wherein at least two different hospitalig sofiware
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`applications are integrated between and with one another.
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`121. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with
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`claim 118, wherein the system enables automatic
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`importation of the POS database information into the system.
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`122. (Currently Amended) An information management and real time synchronous
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`communications system for use with wireless handheld computing devices and the intemet
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`comprising:
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` master database connected in said system and configured to store hospitality
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`application information pursuant to a master database file structure;
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`b) at least one wireless handheld computing device connected in said system and
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`configured to display said hospitality application information;
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`c) at least one web server connected in said system and configured to display said
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`hospitality application infonnation;
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`d) at least one web page connected in said system and configured to display said
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`hospitality application information; and
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`e) real time communications control software enabled to link and synchronize hospitality
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`application information simultaneously between the master database, wireless handheld
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`computing device, web server and web page,
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`wherein the communications control software is enabled to utilize parameters from the
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`master database file structure to synchronize the hospitality application information in real time
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`between the master database, at least one wireless handheld computing device, at least one web
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`server and at least one web page such that substantially the same information comprising the
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`hospitality application information is capable of being displayed on the wireless handheld
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`computing device, at least one web page and other display screens of the synchronized system,
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`such that the hospitality application information is synchronized between any connected users,
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`wherein the communications control software is enabled to act as a real time interface
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`between the elements of the system and any applicable communications protocol,
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`wherein the communications control software is enabled to automatically and
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`simultaneously configure the hospitality application information for display on both the wireless
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`ld com utin device and the web page in conformity with display screen parameters
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`unique tothe wireless handheld computing device or the web page, wherein said display screen
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`parameters comprise at least the displayable size of the handheld computing device display
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`screen or the web page, and
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`wherein the system is enabled for real time synchronous transmission of the configured
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`hospitality application information to the wireless handheld computing device, the web server
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`and the web page and real time synchronous transmissions of inputs responding to the configured
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`hospitality application information from the wireless handheld computing device, or the web
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`server or the web page and
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`‘another.
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`123. The information management and real time synchronous communications system in
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`accordance with claim 122, further including a communications systemic relationship
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`comprising:
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`a) A Wireless Hub Application;
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`b) A Web Hub Application;
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`c) Linked Databases Between two or more different Hospitality Applications; and
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`d) A Communications Setup Application.
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`124. (Currently Amended) The information management and real time synchronous
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`communications systemof
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`enabled to automatically import the information from the POS (point of sale) database into the
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`system.
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`125. (Currently Amended) The information management and real time synchronous
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`communications systemof
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` claim 122 wherein at least two different
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`hospitalig applications are integrated between and with one another.
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`126. The information management and real time synchronous communications system in
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`accordance with claim 122 , wherein the hospitality application information also includes the
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`completion of payment processing.
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`127. (Currently Amended) The information management and real time synchronous
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`communications system in accordance with 6 claim 122, wherein the
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`configured wireless handheld computing device is a smart phone.
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`REMARKS
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`Claims 1-102 were canceled without prejudice or disclaimer by previous amendments.
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`Claims 109-114 are cancelled herein. Claims 103-108 and 115-127 are now pending in the
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`present application.
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`SUMMARY OF MOST RECENTIOFFICE ACTION
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`In the Office Action dated January 8, 2010, the Examiner rejected pending claims 103-
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`110 and 115-121 under 35 U.S.C. § l03(a) as unpatentable over the Micros Systems Inc. “8700
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`HMS 2.10 User’s Manual” (1997) (“Micros”) in View of U.S. Patent No. 6,300,947
`(“Kanevsky”) and further in view ofU.S. Patent No. 5,974,238 (“Chase”), and rejected pending
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`claims 122-127 under 35 U.S.C. § l03(a) as unpatentable over Micros in View ofU.S. Patent
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`5,991,739 (“Cupps”) and further in view of Kanevsky and Chase. The Office Action was made
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`final.
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`REQUEST FOR CONTINUED EXAIVIENATION AND
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`INFORNIATION DISCLOSURE STATEMENT
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`On May 24, 2010, Applicants filed a Request for Continued Examination, and addressed
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`issues raised by the Examiner in the January 2010 Office Action as well as amending the
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`pending claims. Applicants also filed an Information Disclosure Statement on October 1, 2010.
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`EXAMINER INTERVIEW OF NOVEMBER 16, 2010
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`On November 16, 2010, a telephonic interview was held regarding this application.
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`USPTO participants were Matthew Brophy, Wei Zhen, and Gail Hayes. Applicants’ participants
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`were inventor Keith McNally and attorney Michael Fabiano.
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`During the interview, the secondary considerations presented by Applicants in the
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`submitted (but not yet considered) section 1.132 declarations were discussed. Applicants stated
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`that the evidence presented represents both the “long felt need” and “commercial success”
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`secondary factors as evidence ofnon-obviousness, and cited, among other evidence,'a 1999
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`Food.com internal email message discussing the licensing of Applicants’ technology, as well as
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`A
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`' rosofi founder Bill Gates that recognized the
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`' innovativeness of Applicants’ technology. USPTO participants expressed concerns as to
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`whether the evidence of secondary considerations had a sufficient nexus to the scope of the
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`pending claims.
`The USPTO participants requested the following items, in a supplemental response to be
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`filed within four weeks:
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`(1) Additional evidence, and further clarity, regarding the scope ofthe evidence of
`secondary considerations vis-a-vis the scope of the pending claims, and the nexus between the
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`evidence presented and the claims in the pending application;
`(2) The subject matter, if any, of the pending application that is not entitled to the priority
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`date of the parent application that matured into U.S. Patent No. 6,3 84,850.
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`(3) Addressing whether pending dependent claims were improper multiple dependent
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`claims.
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`H.
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`SUMMARY OF APPLICANTS’ RESPONSE
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`Applicants respectfiilly submit significantly revised claims in response to the prior
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`outstanding Office Action as well as suggestions made by the Examiners in Interviews.
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`In response to Examiners’ concerns as to ‘improper multiple dependent claims’,
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`Applicants have either deleted or amended all multiple dependent claims in question, and this
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`issue has therefore been eliminated..
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`In response to the Examiners’ request to identify what subject matter, if any, of the
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`pending application that is not entitled to the priority date of the parent application (Application
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`Serial No. 09/400,413, which matured into U.S. Patent No. 6,384,850), Applicants confirm that
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`all pending claims are entitled to the priority date of said parent application.
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`Also in response to the November 16, 2010 interview, Applicants further submit
`concurrently with this response a supplemental section 1.132 declaration, specifically addressing
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`the issue identified by Examiners regarding the scope of the evidence of secondary
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`considerations vis-a-vis the scope of the pending claims, and the nexus between the evidence
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`presented and the claims in the pending application. This supplemental section 1.132 declaration
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`also provides substantial additional evidence of the “long felt need” and “commercial success”
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`secondary considerations, in addition to that previously provided in Applicants’ two earlier
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`section 1.132 declarations.
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`As stated in the supplemental 1.132 declaration and in section III below, applicants
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`strongly believe that in addition to the totality of the secondary factors declaration confirming
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`‘non obviousness’ that as a minimum, the actual, contemporaneous documents from the
`inventive timeframe demonstrate the non-obviousness ofthe present invention vis-a-vis both the
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`Micros and Cupps references.
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`Additionally, Applicants respectfully request that the Examiner consider the discussion of
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`non-obviousness presented in the Request for Continued Examination, which further
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`demonstrates the inapplicability of the Micros, Kanevsky, and Chase references to the pending
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`application.
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`III.
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`THE PRESENTLY SUBMITTED 1.132 SUPPLEMENTAL DECLARATIONS
`PROVIDE SUBSTANTIAL EVIDENCE OF SECONDARY FACTORS AND THE
`NEXUS OF THESE FACTORS TO THE CLAIMS OF THE PRESENT
`APPLICATION.
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`When a patent application presents evidence relating to secondary considerations, such
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`evidence must always be considered in the determination of obviousness or non-obviousness.
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`A MPEP 2141, MPEP 2145; see also In re Sernaker, 702 F.2d 989, 996, 217 USPQ 1 (Fed. Cir.
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`1983). “Indeed, evidence of secondary considerations may often be the most probative and
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`cogent evidence in the record. It may often establish that an invention appearing to have been
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`obvious in light of the prior art was not.” Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530,
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`1538, 218 USPQ 981 (Fed. Cir. 1983). “Since at least Graham v. John Deere Co., .
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`.
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`. the
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`commercial success of a patented invention is clearly important. That evidence is ‘secondary’ in
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`time does not mean that it is secondary in importance.” Truswal Systems Corp. v. Hydro-Air
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`Engineering Inc., 813 F.2d 1207, 1212, 2 USPQ 2d 1034 (Fed. Cir. 1987).
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`As an initial matter, Applicants request that, in addition to the evidence and discussion
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`submitted concurrently with this Supplemental Response, the Examiner carefully review and
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`consider both the May 12, 2010 Supplemental Declaration of Keith R. McNally and the
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`Supplemental Declaration ofMr. McNally dated Aug 19, 2009, which also provide substantial
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`evidence of non-obviousness. The following paragraphs briefly summarize the evidence of the
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`prior 1.132 declarations.
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`The technology of the present application was first introduced by Ameranth at the Food
`‘ Service Technology Show in November 1998. Supplemental Declaration of Keith R. McNally,
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`dated May 12, 2010 (“May 2010 Supp. Dec.”), 1] 2. The complete working prototype of the
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`present invention was demonstrated at that November 1998 show. Supplemental Declaration of
`Keith R. McNally; dated August 19, 2009 (“2009 Supp. Dec.”), 1[ 4. “Real time
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`communication”, an essential element of the claimed invention, was central to the inventive
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`concept and shown in brochures distributed at both the November 1998 show and at the May
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`1999 National Restaurant Show. 2009 Supp. Dec. 11 4-5.
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`Symbol Technologies, a leader in mobile handheld devices, recognized the uniqueness of
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`Ameranth’s invention and accordingly partnered with Ameranth starting in December 1998, with
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`a strategic alliance agreement being signed in February 1999. 2009 Supp. Dec. 1] 6-7.
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`Comtec Information Systems, recognizing the value and uniqueness of the present
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`invention, formed a strategic relationship with Ameranth incorporating this technology in May
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`1999. 2009 Supp. Dec. 1] 8. Similarly, Aloha POS and Systems Concept Inc., afier seeing this
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`technology at the May 1999 NRA show, subsequently partnered with Ameranth. 2009 Supp.
`Dec. 1] 9-10.
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`Food.com, an online food ordering business founded by Bryan Cupps and Tim Glass, the
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`inventors of U.S. Patent 5,991,739, saw a demonstration of Ameranth’s technology at the May.
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`1999 NRA show, and recognized it as unique, inventive, and distinct from that of the Cupps
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`patent (cited by the Examiner in the most recent Office Action), leading Food.com to sign a
`strategic agreement with Ameranth shortly alter the May 1999
`show. 2009 Supp. Dec. 1]
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`11.
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`Commercial success and industry recognition for the technology of the present invention
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`continued on well after the 1998-1999 “early adopters”. Red Lobster restaurants deployed this
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`technology, as did Seasons 52 restaurants. May 2010 Supp. Dec. 1] 5-6. Darden Restaurants,
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`Inc., the operator of Red Lobster and Seasons 52, issued a press release touting Ameranth as its
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`Wireless Strategic Partner. May 2010. Supp. Dec. 1] 14; see also 1]’16-17. Aloha POS, one of the
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`world’s largest point-of-sale systems, continued to use this technology. May 2010 Supp. Dec. 1]
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`7. Symbol Technologies, in an October 2003 press release, highlighted the commercial 1
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`successes of Ameranth’s deployments of this technology, including the Medieval Times
`restaurants, an NBA-themed restaurant, numerous NBA arenas including Madison Square
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`Garden, and other sports venues including the Green Bay Packers’ Lambeau Field. May 2010
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`Supp. Dec. 1] 15, 19. Holiday Inn Hotels adopted the present invention’s technology and praised
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`it as “the first time technology like this is being used to increase a hotel’s productivity.” May
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`2010 Supp. Dec. 1] 18, 20-21. The Cheesecake Factory restaurant chain also adopted Ameranth’s
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`technology for its restaurants and praised Ameranth for it. May 2010 Supp. Dec. 1] 22.
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`As further shown in these prior declarations, leading technology companies. including
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`Microsoft and Symbol Technologies made strategic, multi-million dollar investments into
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`Ameranth, fiirther confirming the tremendous value and uniqueness of Ameranth’s technology,
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`as are the partnerships and/or licenses with industry leaders including Food.com, Holiday Inn,
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`Darden Restaurants, Radiant/Aloha and many others.
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`Then, Ameranth won additional industry recognition for the technology claimed herein.
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`Ameranth won three major, best product/technology awards for its 215‘ Century Restaurant
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`System (a product-marketing name surrounding the core inventive concepts of the present
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`application and claims),- one award of which was personally nominated by Bill Gates, Chairman
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`of Microsoft. Further, Ameranth was universally recognized as the leading hospitality wireless
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`systems integrator by the most prestigious andirespected press and written publications -
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`including both national publications (USA Today, Wall Street Journal, Time Magazine, The
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`New York Times, The Chicago Sun Times and more) and the leading Hospitality Market
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`- Publications (including Nations Restaurant News, Hospitality Technology, Franchise Times, and
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`Hotel Business).
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`Another, presently—submitted, section 1.132 declaration of Keith R. McNally includes 13
`additional exhibits, showing that Food.com did not have the requisite solution to its ordering-
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`system problems prior to partnering with Ameranth (Exh 1); extensively proving that the
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`Ameranth products in question are indeed the subject of the claims herein (Exhs 2-12); and
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`showing praise from a noted technology author, describing Ameranth’s technology (claimed in
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`this application) as “exceptionally innovative” and “market transforming”.
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`Finally, the concurrently-filed section 1.132 “Nexus” Declaration ofKeith R. McNally
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`(Nexus Decl.), and the “Overview Summary” attached thereto, identify additional evidence and
`set forth, in great detail, the nexus between the evidence submitted and the claims pending in this
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`application, as summarized below.
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`A.
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`Long-Felt Need
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`As discussed in MPEP section 716.04, long-felt need can be established through evidence
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`(1) that a problem existed in the art for a long period of time without solution; (2) that the long-
`felt need was not satisfied by another before the invention by applicant; and (3) that the invention
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`in fact satisfies the long-felt need.
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`The concurrently-filed section 1.132 “Nexus” Declaration of Keith R. McNally (Nexus
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`Decl.) identifies the long felt need, recognized by Food.com and its predecessor company (‘H11 3-
`5) that was not satisfied prior to Ameranth’s invention, and the fact that Food.com entered into a
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`licensing agreement with Ameranth, and that Micros sought an exclusive licensing agreement
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`with Ameranth for the same technology, confirms that this long-felt need was satisfied by
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`‘*—~—Am (1lS,L6-9)
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`I
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`B.
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`Commercial Success
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`Commercial success commensurate in scope with the claims is addressed in MPEP
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`section 716.03 et seq. Commercial success attributable to claimed features of the invention
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`satisfies the requirement, as noted in MPEP 716.03 (a).
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`The Nexus Declaration identifies the relevant commercial success, in 111] 10-13; this
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`commercial success is also discussed in the 1.132 declaration submitted by Mr. McNally in May
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`2010. The “menu wizard” and “communications wizard” that is at the heart of the Ameranth
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`software sought by Food.com and Micros, and utilized by the companies namediin 1] 11 of the
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`Dec. 2010 McNally Declaration, are claimed in the independent and dependent claims of the
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`present application, as illustrated in the “Overview Summary” submitted with Mr. McNal1y’s
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`declaration (see, particularly, pages 2 and 3 of the Overview Summary).
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`C.
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`Nexus between secondary factors evidence and the pending claims
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`The “Overview Summary” correlates the substantial, indeed overwhelming, evidence of
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`secondary factors that Applicants have submitted with the claims pending in the application.
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`As noted-above, the critical features identified by Ameranth licensees and business
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`partners, and in the awards and recognition received by Ameranth for this technology, are
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`claimed in independent claims 103, 118, and 122, as well as their dependent claims. The nexus
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`between this evidence and the pending claims is painstakingly set forth in the “Overview
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`Summary” attached to the Dec. 2010 Nexus declaration submitted herewith.
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`IV.
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`THERE ARE NO MULTIPLE-DEPENDENT CLAIMS PENDING.
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`During the November 16, 2010 interview, Examiner Brophy expressed_ a concern that
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`mult_iple-dependent claims that were then pending may have been improperly dependent. In
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`response to those concerns, Applicants have either deleted or amended all multiple dependent
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`claims in question. There are no multiple-dependent claims pending, so this issue has been
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`eliminated.
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`V.
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`ALL PENDING CLAIMS ARE ENTITLED TO THE PRIORITY DATE OF THE
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`PARENT, APPLICATION SERIAL NO. 09/400,413.
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`Examiner Brophy requested during the November 16, 2010 interview that Applicants
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`identify what subject matter, if any, of the pending application is not entitled to the priority date
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`ofthe parent application. As the Examiner is aware, the pending application is a continuation of
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`Application Serial No. 10/016,517, filed on November 1, 2001 (which matured into U.S. Patent
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`No. 6,982,733), which was a continuation-in-part of Application Serial No. 09/400,413, filed on
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`September 21, 1999 (which matured into U.S. Patent No. 6,384,850). Applicants hereby confirm
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`that all currently—pending claims in this application are entitled to the priority date of the parent.
`CONCLUSION
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`Based on the foregoing remarks and amendments, Applicants respectfully request
`reconsideration and withdrawal ofthe pending rejections, and allowance of this application. The
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`Applicants respectfirlly submit that claims 103-108 and 115-127 are patentable and in condition
`for allowance. An early action passing this case to issue is therefore respectfully requested.
`Favorable and prompt consideration is requested.
`I
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`Dated: December 14, 2010
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`Respectfully submitted,
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`/s/ Michael D. Fabiano
`MICHAEL D. FABIANO
`Registration No. 44,675
`MAZZARELLA I CALDARELLI LLP
`550 We
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