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`Notice of Allowability
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`Application No.
`08/649,304
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`Examiner
`Wayne Amcbury
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`Allt:lalms being allowable, PROSECUTIO~ ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not Included
`heruwlth lor previously mailed), a Notice of Allbwance and Issue Fee Due or other appropriate communication will be
`mailed in due course.
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`IX) n.ts communication is responsive to ..::Cc:::O:..:.m"'m"'u:.:.n:.:;lca"""'tt:.::'o'"'n_,o:..:.f...:f.:.;!2::;Z'"'~"''9.::8 _____ ___ ________ _
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`1&1 The allowed claim(s) Is/are 1-2 1 and 27-38 renumbered 1-33
`0 The drawings filed on - -- - - -- - are acceptable.
`0 Acknowledgement Is made of a claim for foreign priority under 36 U.S. C. § 119(a)-(d).
`(] All 0 Soma• 0 None of t he CERTIFIED copies of the priority documents have been
`0 received.
`0 received in Application No. (Series Code/Serial Number)--- - - - - -
`0 received In this national stage applicatlon from the International Bureau (PCT Rule 17.2(a)).
`• certified copies not received: - - - - - - - -- --
`- - - - -- - - - - --
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`0 Acknowledgement is made of a claim for domestic priority under 35 U.S. C. § 119(et. ·
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`- - - - -
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`A SHORTENED STATUTORY PERIOD FOR RESPONSE to comply with the requirements noted below is set to EXPIRE
`THIIEE MONTHS ' FROM THE "DATE MAILED" of this Office action. Failure to timely comply will result In
`ABANDONMENT of this application. Extensions of time may be obtained under the provisions of 37 CfR 1.136(a).
`0 Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPliCATION, PT0-152, which discloses
`\'hat the oath or declaration Is deficient. A SUBSTITUTE OATH OR DECLARATION IS REQUIRED.
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`IX) Applicant MUST submit NEW FORMAL DRAWINGS
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`(] because the originally flied drawings were declared by applicant to be informal.
`18llncludlng changes required by the Notice of Draftsperson's Paten\ Drawing Revlow, PT0-948, attached hereto or
`to Paper No. _4_
`I] Including changes required by the proposed drawing correction filed on--- - - - -- , w hich has been
`approved by the examiner.
`IJ including changes required by the attached Examiner's Amendment/Comment.
`Identifying indicia such as tho application number (see 37 CFR 1 .84(c)) should be w rltton on the reverse side of the
`drawings . . Tho drawings should be filed as a separate paper whh a transmittal letttor addressed to tho Official
`Draftsperson.
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`0 Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL
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`Any response to this letter should include, in the upper right hand corner, the APPLICATION NUMBER (SERIES
`CODE/SERIAL NUMBER). If applicant has received a Notice of Allowance end Issue Fee Due, the ISSUE BATCH NUMBER
`and DATE of the NOTICE OF ALLOWANCE should also be included.
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`Attachment(s)
`® Notice of References Cited, PT0-892
`!X) Information Disclosure Statement(sl, PT0-1449, Paper No(sl.
`(] Notice of Draftsperson's Patent Drawing Review, PT0·948
`::J Notice of Informal Patent Application, PT0-162
`&] Interview Summary, PT0-413
`81 Examiner's Amendment/Comment
`0 Examiner's Comment Regarding Requirement for Deposit of Biological Material
`f\
`!XI Examiner's Statement of Reasons for Allowance
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`8
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`V. s. Pue-nt • r-4 i'IWI•I'Mtt OU.w
`PT0·37 (Rev. 9-95)
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`Nolle~ otiAIIowability
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`WAYNE AMSBUAY
`PRIMARY EXAMINER
`ART UNIT 2771
`Part of Paper No. ~~
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`001
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`Facebook Ex. 1002 Part 1
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`APP. B
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`Serial Number: 08/649,304
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`Art Unit: 2771
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`CLAJMS 1-98 ARE PENDING
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`Page2
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`I.
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`As noted in the traverse of the Restriction of the previous action, there are typographical
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`errors in the clrum group outl~e. Group I was classified as Database and Data Structure
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`Generation, which properly was in class 395, subclass 613, currently class 707, subclass 102.
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`Group 1II was classed in Database Display, which properly was in class 395, subclass 615,
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`currently class 707, subclass 104. The typographical switch of the subclass numbers does not
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`affect the restriction .
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`It is further noted that Group I, which was elected with traverse, was listed as claims 1-38,
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`even U10ugh Group II contains claims 22-26. It is clear that Group I should be listed as claims 1-
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`21 and 27-38 .
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`2.
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`Applicant's election with traverse of Group Tin Paper No. 6 is acknowledged. The
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`traversal is on the ground(s) that A. The Proper Test for a Restriction Requirement has not been
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`met; B. The Claims are interrelated; B. (Sic) The Claims are Misclassified; C. The Fields of
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`Search for Groups I, II, III, and V Are Neighboring. This is not found persuasive because:
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`As to A: If the inventions are not independent, how could they be claimed in distinct
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`independent claims? It appears to the examiner that the examination of98 claims in five different
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`class/subclasses is a serious burden. Thus BOTII of the elements are met.
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`Facebook Ex. 1002 Part 1
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`APP. B
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`Serial Number: 08/649,304
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`Art Vnit: 2771
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`Page3
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`As to the first B, the apparent assertion that because claims contain a common step they
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`can be searched simultaneously is not reasonable. In particular, perhaps hundreds of thousands of
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`claims in issued patents contain the step of~ and the claims are not always closely related.
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`As to the second B, Misclassification is addressed in §I above, where they are noted as
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`typographical errors.
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`As to C, the neighboring property of subclass codes has nothing to do with restriction;
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`distinct subclasses are deemed to be distinct and are chosen so that they can be searched
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`separately.
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`The requirement is.still deemed proper and is therefore made FINAL.
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`Claims 1-21,27-38 are therefor examined.
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`3.
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`A word searc!h of the parent, USP 5,544,352, reveals that the words link(s) and node(s)
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`do not appear, and the term cluster appears once in passing. Therefore this group of claims is
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`considered to have 5/17/96 as their priority date for purposes of examination in terms of prior art.
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`4.
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`An examiner's amendment to the record appears below. Should the changes and/or
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`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CPR J .312.
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`To ensure consideration of such an amendment, it MUST be submitted no later than the payment
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`of the issue fee.
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`003
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`APP. B
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`Serial Number: 08/649,304
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`Art Unit: 2771
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`Page4
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`5.
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`Claims {22-26,39-98} are hereby cancelled.
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`6.
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`The section of the Specification titled REFERENCE TO APPENDICES is cancelled. The
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`references from that section are inserted immediately after BACKGROUND at line 15, as follows:
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`-- Two manuals containing background materials are hereby incorporated by reference:
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`"V-Search Integration Tool Kit For Folio VIEWS", containing thirty-six (36) pages, and "V-
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`Search Publisher's Tool Kit User's Manual", containing one hundred sixty (160) pages.
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`7.
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`Claims {1-21,27-38} are allowed.
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`8.
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`The following is an examiner's statement of reasons for allowance:
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`The independent claims are addressed, in light of the disclosure, to terms such as "indirect
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`relationship", "cluster links", and "searching links", which are interpreted to refer to an explicit
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`use of multiple links between nodes. The prior art of record analyzes relationships, clusters,
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`displays candidates for conformation, and so on, but does not anticipate or suggest doing so with
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`an explicit use of multiple links.
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`APP.B
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`Serial Number: 08/649,304
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`Art Unit: 2771
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`Page 5
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`Any comments considered necessary by applicant must be submitted no later than the
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`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
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`fee. Such submissions should be clearly labeled "Comments on Statement ofReasons for
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`AJ\owance."
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`9.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`10.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to. Wayne Arnsbury whose telephone number is (703) 305.-3828. The examiner
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`can normally be reached on Monday-Thursday from 6:30AM to 5:00PM Eastern time.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Thomas G. Black, can be reached on (703) 305-9707. The fax phone number for this
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`Art Unit is (703) 305-9731.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the Group receptionist whose telephone number is (703) 305-9600.
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`~~URY
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`PRIMARY PATENT EXAMINER
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`January 26, 1998
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`Facebook Ex. 1002 Part 1