`_qSg
`Date information retrieved from USPTO Patent
`Application Information Retrieval (PAIR)
`system records at www.uspto.gov
`
`LIMBACH & LIMBACH
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`In re Application of: MARK BOLAS, et al.
`
`Serial No.: 08/091,650
`
`Filed: July 14, 1993
`
`Attorney Docket No. FAKE-00200
`
`C
`
`.
`
`.
`
`For: METHOD AND SYSTEM FOR CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT IN RESPO_4)E TQ.:
`AUDIO SIGNALS
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`Transmitted herewith is a Response to Office Action and Request For a Three (3) Month Extension of Time to
`Respond in the above-identified application.
`
`The fee has been calculated as shown below.
`
`(Col. 1)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Col. 2)
`
`(Col. 3)
`
`HIGHEST NO.
`PREVIOUSLY
`PAID FOR
`
`PRESENT
`EXTRA
`
`RATE
`
`ADDITIONAL
`FEE
`
`TOTAL
`
`INDEP.
`
`* 28
`
`MINUS
`
`* 11
`
`MINUS
`
`" 23
`
`*" 7
`
`= 5
`
`= 4
`
`FIRST PRESENTATION OF MULTIPLE DEP CLAIM
`
`x 22 =
`
`x 76 =
`
`+240 =
`
`TOTAL
`
`Small Entity 50% Filing Fee Reduction (if applicable)
`
`$ 110.00
`
`$ 304.00
`
`$ 0
`
`$ 414.00
`
`$ 207.00
`
`If the entry in Col. 1 is less than the entry in Col. 2, write "0" in Col. 3.
`If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, write "20" in this space.
`If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, write "3" in this space.
`The "Highest Number Previously Paid For" (Total or Independent Is the highest number found from the equivalent box in
`Col. 1 of a prior amendment or the number of claims originally filed.)
`
`No additional fee is required.
`
`2.
`
`X
`
`3.
`
`X
`
`A check in the amount of $642.00 is attached ($207.00 for the additional claims and $435.00 for a three month
`extension fee).
`
`Please charge any additional fees, including any fees necessary for extensions of time, or credit overpayment to
`Deposit Account No. 12-1420.
`A duplicate copy of this sheet is enclosed.
`
`4.
`
`X
`
`A Request for a Three Month Extension of Time is attached hereto.
`
`CERTIFICATE OF MAILING
`I hereby certify that this correspondence is being deposited with the United States Postal
`Am_ dment, Commissioner of
`Service as first class mail in an envelope addressed to:
`Aox~ee
`Patents and Trademarks, Washington, D.C. 20231, on
`
`Dated:
`
`By;
`
`Le..A-A
`
`Dated:
`
`")-A
`
`I
`
`9
`
`.
`
`(
`
`lmi
`
`--- i
`-
`Alfred A. Equitz
`Registration No. 30,922
`
`(Attorney of Fcord)
`v
`
`FORMS\PATENTS\AMD-TRAN.M RG
`
`Rev. 082196
`
`Page 1 of 7
`
`Harmonix Exhibit 1012
`
`
`
`LIMBACH & LIMBACH
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`In re Application of: MARK BOLAS, et al.
`
`Serial No.: 081091,650
`
`Filed: July 14, 1993
`
`Attorney Docket No. FAKE-00200
`
`'
`
`l, /i 1
`
`az.kAI'),
`
`L.AC-./ .
`
`For: METHOD AND SYSTEM FOR CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT IN RESPQNSETO
`AUDIO SIGNALS
`--
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`C
`
`"
`
`Transmitted herewith is a Response to Office Action and Request For a Three (3) Month Extension of Time to
`Respond in the above-identified application.
`
`The fee has been calculated as shown below.
`
`(Col. 1)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Col. 2)
`
`(Col. 3)
`
`HIGHEST NO.
`PREVIOUSLY
`PAID FOR
`
`PRESENT
`EXTRA
`
`RATE
`
`ADDITIONAL
`FEE
`
`TOTAL
`
`INDEP.
`
`" 23
`"* 07
`FIRST PRESENTATION OF MULTIPLE DEP CLAIM
`
`* 28
`
`' 11
`
`MINUS
`
`MINUS
`
`= 6
`
`= 4
`
`x 22 =
`
`x 76 =
`
`+240 =
`
`TOTAL
`
`Small Entity 50% Filing Fee Reduction (if applicable)
`
`$ 110,00
`
`$ 304.00
`
`$ 0
`
`$ 414.00
`
`$ 207.00
`
`"
`"
`""*
`
`If the entry in Col. 1 is less than the entry in Col. 2, write "0"
`in Col. 3.
`If the "Highest Number Previously Paid For" IN THIS SPACE is less then 20, write "20" in this space.
`If the "Highest Number Previously Paid For"
`IN THIS SPACE is less than 3, write "3" in this space.
`The "Highest Number Previously Paid For" (Total or Independent is the highest number found from the equivalent box in
`Col. 1 of a prior amendment or the number of claims originally filed.)
`
`1.
`
`2.
`
`X
`
`3.
`
`X
`
`No additional fee is required.
`
`A check in the amount of $642.00 is attached ($207.00 for the additional claims and $435.00 for a three month
`extension fee).
`
`Please charge any additional fees, including any fees necessary for extensions of time, or credit overpayment to
`Deposit Account No. 12-1420.
`A duplicate copy of this sheet is enclosed.
`
`4.
`
`r
`
`A Request for a Three Month Extension of Time is attached hereto.
`
`CERTIFICATE OF MAILING
`I hereby certify that this correspondence is being deposited with the United States Postal
`e rnent, Commissioner of
`Service as first class mail in an envelope addressed to: Bo Fe
`Patents and Trademarks, Washington, D.C. 20231, on
`5
`_.
`,
`
`Dated:
`
`(25 i5By:
`
`L
`uga4.A
`
`p
`
`(Attorn
`
`Alfred A. Equitz
`Registration No. 30,922
`
`of Reqb di
`
`Dated:
`
`9 0
`
`FORMS\PATENTS\AMD*TRAN.MRG
`
`Rev. 082/95
`
`Page 2 of 7
`
`
`
`/ 55 >L
`2q23
`
`C2,.'/
`
`p9
`
`IN THE UNITED STATES PATENT AND
`
`TRADEMARK OFFICE -
`
`-1-
`
`In re Patent Application of
`
`Group Art Unit: $3Ai
`
`MARK BOLAS, et al.
`
`Examiner: E. Railrez -
`
`,:
`
`Serial No. 08/091,650
`
`Filed: July 14, 1993
`
`) RESPONSE TO OFFICE -
`
`A &%,z l L vY
`
`J
`
`N
`
`G\
`
`For: METHOD AND SYSTEM FOR
`CONTROLLING COMPUTER-
`GENERATED VIRTUAL
`ENVIRONMENT IN RESPONSE
`AUDIO SIGNALS
`
`)
`
`TO )
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`CERTIFICATE OF MAILING
`is being deposited
`this correspondence
`I hereby certify
`that
`the United Slates Postal Service as First Class Mail in
`with
`an envelope addressed to: Commissioner ofr Patents and Trademarks,
`
`Washington, DC 20231 on
`Dated: E5Zy I
`
`..
`
`Z
`
`.
`a NNon*tf
`
`This is in response to the Office Action mailed
`February 24, 1995. Please amend the application as
`follows.
`
`IN THE CLAIMS:
`Add the following new claims:
`
`24. (New) A method for controlling production of
`a virt 1 environment by a virtual reality computer
`system, i luding the steps of:
`sing musi signals to generate control
`(a) pro
`signals having m ic an~/ r control information; and
`(b) ooeratin ae
`'rtual reality computer
`signals to generate
`system i:
`said vir
`
`25.
`system,
`
`Aling a computer
`
`r.a;
`
`/
`
`a_
`
`--
`
`Page 3 of 7
`
`
`
`-2-
`
`PATENT
`
`(a) prerecording a control track having audio
`and/or control information corresponding to an audio
`s5nal; and
`(b) operating the computer system in response to
`erecorded control track.
`
`said
`
`ew) The method of claim 25, wherein the
`26.
`computer sy tem is a virtual reality computer system,
`and wherein s ep (b) includes the step of operating
`ter system in response to
`the virtual rea ity c
`said prerecorded o rol track to generate a virtual
`environment.
`
`27. (New) A irt al
`ality computer system for
`nment, including:
`producing a virtu 1 e
`means for p re or g a control track having
`for ation corresponding to a
`music and/or cont o
`music signal; and
`means for pr ducing the irtual environment in
`response to said prerecorded co trol track.
`
`28. (New) A computer system, ncluding:
`means for prerecording a contr 1 track having
`music and/or control information cor esponding to an
`audio signal; and
`a processor which receives the con ol track and
`which is programmed with software for ope ating the
`computer system in response to said control track.
`
`REMARKS:
`During a telephone interview on April 4, 1995,
`inventors Mark Bolas and Ian McDowell, and the
`undersigned attorney, discussed the invention with
`the Examiner. In an interview at the USPTO on August
`18, 1995, co-inventor Mark Bolas further discussed
`
`Page 4 of 7
`
`
`
`-3-
`
`PATENT
`
`the invention with the Examiner. During these
`interviews, the inventors explained what they regard
`as the invention.
`Attached is a copy of the Examiner's Interview
`Summary Record (Paper No. 9 in the present
`application) which summarizes the August 18, 1995
`interview. The box checked at the bottom of the
`Interview Summary Record indicates that the claims
`pending as of August 18, 1995 (claims 1-23) are now
`allowable.
`Claims 1-23 had been rejected under 35 U.S.C.
`103 as being unpatentable over "Applicant's
`Admission" of prior art in view of U.S. Patent
`3,609,019 ("Tuber"). Applicants respectfully contend
`that new.claims 24-28 (as well as claims 1-23) are
`patentable over the cited art for the following
`reasons.
`New claims 24-28 differ from claims 1, 5, 6, 10,
`16, and 22 only by specifying that the recited
`control signals are indicative of music and/or
`control information, and that the recited control
`track is indicative of audio and/or control
`information corresponding to an audio signal (or
`music and/or control information corresponding to a
`music signal). The new claims are believed to add no
`new matter since the originally filed specification
`includes a written description supporting them (for
`example, at page 8, line 29- page 9, line 2; page 9,
`line 12- page 10, line 26; page 12, lines 7-22; page
`16, line 24- page 17, line 2; and page 22, lines 7-
`23).
`
`Applicants respectfully contend that neither the
`prior art cited by the Examiner, nor the prior art
`discussed in the specification, teaches or suggests
`generation or modification of a virtual environment
`
`Page 5 of 7
`
`
`
`-4-
`
`PATENT
`
`by a computer system in response to control signals
`derived from music and having audio and/or control
`information, or in response to a control track having
`audio and/or control information corresponding to an
`audio signal.
`In particular, Tuber fails to teach or suggest
`the invention of the new claims. Tuber's teaching of
`control of a film projector (10) in response to
`control tones recorded on magnetic tape (20) and
`sensed by a detector (64) is radically different than
`the invention of the new claims. Tuber's control
`tones are not derived from music signals, are not
`indicative of audio and/or control information
`corresponding to an audio signal, and are not
`employed to generate or modify a virtual environment.
`Rather, the only information conveyed by any of
`Tuber's control tones is information which identifies
`an operating mode of a film projector (e.g., a mode
`in which a projector advances a film by one frame and
`then stops, as explained at column 5, lines 15-31 of
`Tuber). This information in no sense corresponds to
`any audio signal.
`Applicants intend to file formal drawings later
`during prosecution.
`Allowance of the new claims (as well as original
`claims 1-23) is respectfully requested.
`
`Dated: W
`J
`
`14 ?
`
`Respectfully submitted,
`LIMBACH & LIMBACH
`
`By:
`
`.__
`Alfred A. Equitz
`Reg. No. 30,922
`
`Attorneys for Applicants
`
`Atty Docket No. FAKE-00200
`
`Page 6 of 7
`
`
`
`. A .
`
`-
`
`,
`
`/,35 ,- I,
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`,pq-164-
`/q 6
`
`nt Application of
`
`MARK BOLAS, et al.
`
`Serial No. 08/091,650
`
`Filed: July 14, 1993
`
`For:
`
`METHOD AND SYSTEM FOR
`CONTROLLING COMPUTER-
`GENERATED VIRTUAL
`IN RESPONSE TO
`ENVIRONMENT
`AUDIO SIGNALS
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`)
`
`M
`
`)
`)
`
`Group Art Unit: 2314
`
`Examiner: E. Ramirez
`
`REQUEST FOR A THREE (3) MONTH
`EXTENSION OF TIME TO RESPOND
`
`2001 Ferry Building
`San Francisco, CA 94111
`415/433-4150
`
`d
`
`TN.
`CD
`
`-
`
`'-
`
`Applicants hereby petition for a three (3) month extension of time to answer the
`outstanding Official Action mailed February 24, 1995 regarding the above-referenced patent
`application. Please find enclosed a check in the amount of $435.00 to cover the extension fee.
`
`The Commissioner is hereby authorized to charge payment of any fees associated with
`this communication or credit any overpayment to Deposit Account No. 12-1420. A duplicate
`copy of this sheet is enclosed.
`
`Respectfully submitted,
`
`LIMBACH & LIMBACH
`
`4 @~
`
`ol
`4'
`i
`Alfred A. Equitz)
`Registration No. 30,922
`
`e
`
`By
`
`eQ
`
`Attorneys for Applicant(s)
`
`CERTIFICATE OF MAILING
`is being deposited
`this correspondence
`I hereby certify
`thal
`with the United States Postal Service as First Class Mail in
`an envelope addressed to. Commissioner of Patents and Trademarks,
`
`Washington, DC 20231 on
`
`Oated:
`
`y
`
`a/
`NaerE
`
`(Date)
`
`FAKE-00200
`
`PATENTS\EXTENREO.MR
`
`Rev 06/21196
`
`Page 7 of 7
`
`
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