`
`
`UNITED Smms PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COWERCE
`United States Patent and Trademark Office
`Address: COWISBIONER OF PATENTS AND TRADEMARKS
`Washinzwn. D.Ci 20231
`www.uspw.g<w
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFXRMATION NO.
`
`09/3 65,3 65
`
`07/30/1999
`
`JOYCE E. VOGT
`
`14530-271
`
`1694
`
`7590
`
`01/29/2003
`
`- FOLEY & LARDNER
`PAUL s HUNTER
`FIRSTAR CENTER
`777 EAST WISCONSIN AVENUE
`MILWAUKEE, WI 532025367
`
`-
`
`GRANT H: TEROME
`
`2624
`DATE MAILED: 01/29/2003
`
`H
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 07—01)
`
`PETITIONERS Ex. 1003, p. 1
`
`PETITIONERS Ex. 1003, p. 1
`
`

`

`F—
`
`
`
`
`
`
`Application No.
`i Applicant(s)
`
`VOGT ET AL.
` 09/365,365
`Examiner
`Art Unit
`Office Action Summary
`
`
`
`Jerome Grant ||
`2624
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply .
`
`I—
`
`
`
`
`
`
`
`It
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE a MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified-above is less than thirty (30) days. a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`In no event, however, may a reply be timely filed
`
`1)l:l Responsive to communication(s) filed on
`
`2a)l:l
`
`This action is FINAL.
`
`2b). This action is non-final.
`
`3):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)]ZI Ciaim(s) 1-2_0 is/are pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`"'
`
`5)® Ciaim(s) 1M is/are allowed.
`
`6)I:i Ciaim( )>1 3 5 and 7—9 is/are rejected.
`) 2,4 and 6 is/are objected to.
`
`7). Ciaim(
`
`S s
`
`8)[:] Ciaim(s)
`
`3 are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)[:] The specification is objected to by the Examiner.
`
`10):] The drawing(s) filed on ___1 is/are: a)i:l accepted or b)l:l objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`11)[:] The proposed drawing correction filed on __ is: a)i:l approved b)l:| disapproved by the Examiner.
`If approved, corrected drawings are required in reply to this Office action.
`
`12):] The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.S.C. §§ 119 and 120
`
`13)l:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(e)-(d) or (f).
`
`a)I:l All b)I:I Some * c)l:l None of:
`
`1.1:] Certified copies of the priority documents have been received.
`
`2.1] Certified copies of the priority documents have been received in Application No.
`
`
`
`3.1:] 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)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`14)D Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`
`a) 1:] The translation of the foreign language provisional application has been received.
`15)I:I Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`Attachment(s)
`
`_. W
`,_
`JE’V' ,
`Pit... O i"
`
`.
`
`PETITIONERS Ex. 1003, p. 2
`
`Interview Summary (PTO-413) Paper No(s).
`4) 1:]
`1) IX Notice of References Cited (PTO-892)
`5) El Notice of Informal Patent Application (PTO-152)
`2) IE Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`
`
`
`.
`6) 1:] Other:
`~ 3) El lnforrnation Discl05ure Statement(s) (PTO-1449) Paper No(s)
`
`
`US. Patent and Trademark Office
`PTO-326 (Rev. 04—01)
`Office Action Summary
`Part of Paper No. 4
`
`PETITIONERS Ex. 1003, p. 2
`
`

`

`pplication/Control Number: 09/365,365
`Art Unit: 2624
`
`Page 2
`
`Detailed Action
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`(e) the invention was described in a patent granted on an application for patent by another filed in the
`United States before the invention thereof by the applicant for patent, or on an international application
`by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(0) of this
`title before the invention thereof by the applicant for patent.
`
`The changes made to 35 U430. 102(e) by the American inventors Protection Act
`of 1999 (AlPA) do not apply to the examination of this application as the application
`
`being examined was not (1) filed on or after November 29, 2000, or (2) voluntarily
`
`published under 35 U.S.C. 122(b). Therefore, this application is examined under.35
`U.S.C. 102(e) prior to the, amendment by the AlPA (pre-AlPA 35 U.S.C. 102(e)).
`
`The changes made to 35 U.S.C. 102(e) by the American inventors Protection Act
`
`of 1999 (Al PA) do not apply to the examination of this application as the application
`
`being examined was not (1) filed on or after November 29, 2000, or (2) voluntarily
`
`published under 35 U.S.C. 122(b). Therefore, this ’application is examined under 35
`
`U.S.C. 102(e) prior to the amendment by the AlPA (pre—AlPA 35 U.S.C. 102(e)).
`
`Claims 1, 3 and 7 are rejected under 35 U.S.C. 102(e) as being anticipated. by
`
`Nusbickel.
`
`PETITIONERS Ex. 1003, p. 3
`
`PETITIONERS Ex. 1003, p. 3
`
`

`

`Application/Control Number: 09/365,365
`Art Unit: 2624
`
`‘
`
`Page 3
`
`With respect to claim 1, Nusbickel teaches a printing and publishing system which
`
`generates a printing plate-ready file from data provided remotely in real time using a
`
`communication network, the printing and publishing system comprising: an end user
`
`facility (109) coupled to a communication network 107,
`
`the end user facility providing
`
`page building operations (from Web Browser 111 according to col. 4, lines 16-46), the
`
`page building operations including the design and construction of pages from images,
`
`text, and data available via the communication network, see screen 200 in figure 2.
`
`Nusbickel teaches a central service facility (101) coupled to said communication
`
`network 107 , the central service facility providing storage, file processing, remote
`
`access (communication over the lnternet), content management operations (WEB
`
`Browser applications); the file processing operations including generating a plate—ready
`
`file from pages designed at said end userfacility (i.e., multimedia file) said plate-ready
`
`file having a file format capable of high resolution and ready for creation of a printing
`
`plate and a printing company facility (701 indirectly connected to said communication
`
`network), the printing company facility providingprinting operations (fax operations), the
`
`printing operations including printing from the printing plate'(file designated by the
`
`Browser) from said ready file (via format 713)
`
`With respect to claim 3, Nusbickel teaches wherein said file processing operations
`
`further comprise generating a Postscript file (GlFF) for operating over the '
`
`communication network 107.
`
`PETITIONERS Ex. 1003, p. 4
`
`PETITIONERS Ex. 1003, p. 4
`
`

`

`Application/Control Number: 09/365,365
`Art Unit: 2624
`
`Page 4
`
`With respect to claim 7, Nusbickel teaches? wherein the central service facility
`
`further comprises a communication routing device coupling the central service facility
`to-the communication network, a server which performs content management
`
`operations, and storage devices which contain electronic files. See col. 5, lines 50-60
`
`and col. 4, lines 7-15.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`, obviousness rejections set forth infthi-s Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 5, 8 and 91 rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Nusbickel in view of the Well Known Prior Art 2144.03 (official notice).
`
`Nusbickel teaches all of the subject matter upon which the claims depend except for
`
`the specific language that the communication network has to be a WAN, switched
`
`network or an ATM type network. Nusbickel clearly shows a network 107 which
`
`happens to be an Internet network. However, it is well known to one of ordinary skill
`
`PETITIONERS Ex. 1003, p. 5
`
`PETITIONERS Ex. 1003, p. 5
`
`

`

`Application/Control Number: 09/365,365
`Art Unit: 2624
`
`Page 5
`
`in the art of image transmission and communication of images that images can be
`
`transmitted over various type of networks. Furthermore, it is well known to transmit data
`
`over switched packet networks, WANs and ATM.
`
`Hence, it would have been obvious to one of ordinary skill in the art to simply replace
`
`the network provided by Nusbickel with a WAN, ATM or packet switched network for
`
`the purpose of routing printing information from and end user to a printing publishing
`
`system, as suggested by Nusbickel.
`
`Claims 2, 4 and 6 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`7
`
`3.
`
`Claims 10-20 are allowed.
`
`Claims 10-15 are allowed for the reason the prior art does not teach or suggest in
`
`claimed combination,
`parsing said thin Postscript file to ex tract data associated with
`low resolution images and replace with high resolution data, thereby forming a fat
`
`‘
`
`Postscript file... creating a portable document format file from the fat Postscript file and
`
`converting said PDF file to a file in plate ready format.”
`
`Claims 16-20 are allowed for
`
`the reason the prior art does not teach or suggest in
`
`claimed combination,
`
`generating low resolution files corresponding to said high
`
`PETITIONERS Ex. 1003, p. 6
`
`PETITIONERS Ex. 1003, p. 6
`
`

`

`Application/Control Number: 09/365,365
`Art Unit: 2624
`
`'
`
`Page 6
`
`resolution files. providing said low resolution files to a remote client for the designing of
`
`a page layout via a communication network... generating a plate-ready file from the
`
`page layout designed by said remote Client.”
`
`Any inquiry concerning this communication should be directed to Jerome Grant
`
`ll at telephone number 703-305-4391.
`
`-4
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Jerome Grant Il whose telephone number is 703-305-
`
`4391. The examiner can normally be reached on Mon-Fri. from 9:00 to 5:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David K. Moore, can be reached on (703) 308—7452. The fax phone number
`
`for the organization where this application or proceeding is assigned is 703-872-9314.
`Any inquiry of a general nature or relating to the status of this application or
`
`proceeding should be directed to the receptionist whose telephone number is 703-305-
`
`3900.
`
`If
`J. grant ll
`L /
`
`1-25-2003
`
`up ,defihif" H
`JEFF y
`Pmi‘mm.
`
`PETITIONERS Ex. 1003, p. 7
`
`PETITIONERS Ex. 1003, p. 7
`
`

`

`Form pro 948 (Rev. 8~98)
`
`U.S. DEPARTMENT OF COMMERCE . Patent and Trademark Office
`
`Application No. ’1‘
`
`g
`
`/'
`
`NOTICE OF DRAFTSPERSON'S
`PATENT DRAWING REVIEW
`
`The draw1ng(s f1led (1nsert date)
`CFR 1. 84 or 1152.
`‘
`A. II]
`a
`roved by the Draftsp
`B.
`objected to by the Draftsperson 11nd r 37 CFR 1. 84 or 1 152 for the reasons indicated below. The Examiner will require
`submission of new, corrected drawingswhen necessary. Corrected drawing must be sumittecl according to the instructions on the back of this notice.
`
` are:
`
`. DRAWINGS. 37 CFR 1.841(3): Acéeptable categories of drawings:
`Black ink. Color.
`'
`Color drawings are not acceptable until petiton is granted.
`Fig(s)_
`__
`Pencil and non black ink not permitted. Fig(s)
`. PHOTOGRAPHS. 37 CFRl.84 (b)
`_l full-tone set is required. Fig(s)
`Photographs not properly mounted (must use brystol board or
`photographic double~weight paper). Fig(s)
`____ Poor quality (half~tone). Fig(s)
`. TYPE OF PAPER. 37 CFR 1.84(e)
`___Paper not flexible, strong, white, and durable
`Fig(S)
`Erasures, alterations, overwritings, interlineations,
`folds, copy machine marks not accepted. Fig(s)
`Mylar, velum paper is not acceptable (too thin).
`
`. 37 CFR 1.840): Acceptable sizes:
`cm by 29.7 cm (DIN Size A4)
`1.6 cmtby 27.9 cm (8 1/2 x11 inches)
`All drawing sheets not the same size.
`Sheet(s)
`'
`___Drawings sheets not an acceptable size. Fig(5)
`. MARGINS. 37 CFR 1.84(g): Acceptable margins:
`Top 2.5 cm Left 2.5cm Right 1.5 cm Bottom 1.0 cm
`.
`SlZE: A4 Size
`Top 2.5 cm Left 2.5 cm Right 1.5 cm Bottom 1.0 cm
`,
`. SIZE. 81/2x11
`
`MargWébleMTop (T)
`
`’
`
`. ARRANGEMENT OF VIEWS. 37 CFR l.84(i)
`Words do not appear on‘a horizontal, left-to-right fashion
`when page is either upright or turned so that the top
`becomes the right side, except for graphs. Fig(s)
`. SCALE. 37 CFR 1.84(k)
`____ Scale not large enough to show mechanism without
`crowding when drawing is reduced in size to two~thirds in
`reproduction.
`_
`Fig(s)
`. CHARACTER O
`37 CFR 1
`
`S, NUMBERS, & LETTERS.
`
`-
`..
`mes, numbers & letters not unifu ..
`defined, clean, durable, and u .ck (pobr liiie quality .
`Fig(s)
`.
`'. SHADING. 37 CFR1.84(m)
`Solid black areas pale. Fig(s)
`___Solid black shading not permitted Fig(s)
`__“Shade lines, pale, rough and blurred. Fig(s)
`. NUMBERS, LETTERS, & REFERENCE CHARACTERS.
`37 CFR 1.84(p)
`Numbers and reference characters not plain and legible.
`Fig(s) ._
`__ Figure legends are poor. Fig(s)
`Numbers and reference characters not oriented in the
`same directionras the View. 37 CFR '1.84(p)(1)
`Fig(S) ___.._
`___Eninsh alphabet not used. 37 CFR 184(p)(2)
`Figs
`'
`Numbers, letters andtreference characters must be at
`.32 cm (1/8 inch) in height. 37 CPR l.84(p)(3)
`Fig(S)
`. LEAD LINES. 37 CER.1.84(q)
`Dead lines cross each other. Fig(s)
`—— Lead lines missing. Fig(s)
`. NUMBERING OF SHEETS OF DRAWINGS. 37 CFR 1.840)
`Sheets not numbered consecutively, and in Arabic numerals
`beginning with number 1. Sheet(s)
`. NUMBERING OF VIEWS. 37 CPR 1.84(u)
`Views not numbered consecutively, and in Arabic numerals,
`beginning with number 1. Fig(s)
`. CORRECTIONS. 37 CPR 1.84(w)
`_
`Corrections not made from prior PTO~948
`dated
`. DESIGN DRAWINGS. 37 CFR 1.152
`Surface shading shown not appropriate. Fig(s)
`___Solid black shading not used for color contrast
`
`least
`
`“Fig(s)
`
`[left (L)
`Bottom (B)
`
`' Right (R)
`'
`. VlEWS. 37 CFR 1.84(h)
`REMINDER: Specification may require revision to
`correspond to drawing changes.
`Partial views. 37 CFR 1.84(h)(2)
`Brackets needed to show figure as one entity.
`Fig(S)
`Views not labeled separately or properly.
`Fig(S) _ _ .
`“Enlarged view not labeled separetely or properly.
`Fig(s)
`7. SECTIONAL VIEWS 37 CFR 1 84 (h)(3)
`Hatching not indicated for sectional portions of an object.
`Fig(s)
`.
`__ Sectional designation should be noted with Arabic or
`Roman numbers. Fig(s)
`
`COMMENTS
`
`REVIEWER
`
`ATTACHMENT TO
`
`
`
`
`TELEPHONE NO.
`
`A
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`
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`
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`«Rh.
`W.ww
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`
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`“WNW... M-.w . 5. fl
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`m” ”V"; “MWNW
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`, ~-
`
`PETITIONERS Ex. 1003, p. 8
`
`PETITIONERS Ex. 1003, p. 8
`
`

`

`
`
`'Application/Control No.
`
`09/365,365
`.
`Examiner
`
`Jerome Grant ll
`
`., Applicant(s)/Patent Under
`Reexamination
`VOGT ET AL.
`
`Notice of References Cited
`
`
`
`U.S. PATENT DOCUMENTS
`
`
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`
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`—
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` ! c q)
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`Document Number
`Country Code-Number—Kind Code
`
`Date
`MM-YYYY
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`Country
`
`FOREIGN PATENT DOCUMENTS
`
`Classification
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*A copy of this reference is not being furnished with this Office actiOn. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 4
`
`PETITIONERS Ex. 1003, p. 9
`
`PETITIONERS Ex. 1003, p. 9
`
`

`

`Freeform Search
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`._
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`http://westbrs:8002/Ein/gate.exe?f=ffse...start=1&dbname=USPT,PGPB,JPAB,EPAB,D
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`IBM Technical Disclosure Bulletins
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`US Patents Full-Text Database
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`JPO Abstracts Database
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`Term:
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`mega? orfloper'awtorfior designator or ‘peré‘éfiiséfiiéwm
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`Search History
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`DATE: Friday, January 24, 3003
`
`Printable Copy Create Case
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`PETITIONERS Ex. 1003, p. 10
`
`PETITIONERS Ex. 1003, p. 10
`
`

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`‘reeform Search
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`PETITIONERS Ex. 1003, p. 11
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`PETITIONERS Ex. 1003, p. 11
`
`

`

`
`
`Applicant:
`
`.
`.
`TItIe '
`
`"A '3 0:5,
`Li)
`
`LG eq
`Atty. Dkt. No. 014530-0271 7
`
`IN THE UNITED STA TES PA TENT A ND TRADEMARK OFFICE
`
`'
`
`Joyce E. Vogt at al.
`
`g
`
`SYSTEM AN D METHO D O F
`G EN ERATI NG A PRINTING PLATE
`FILE IN REAL TIME USING A
`COMMUNICATION NETWORK
`
`CERTIFICATE OF EXPRESS MAILING
`
`
`..............................................................................................
`I hereby certify that this correspondence is being deposits
`g;
`with the U it
`at States Post I 5 Nice
`"E
`M ‘l P s
`
`Office To Ardderessee" serviceaundeer 37 SC.F.)FflI"§sls. 1 Oann Sh
`
`date indicated below and is addressed to: Commissioner for
`3; Patents, Washington, D.C. 20231.
`
`
`EV 055901327 US 04/29/2003
`(Express Mail Label Number]
`(Date of Deposit)
`
`
`
`
`Sandra A. Murphy
`(Printed Name)
`
`Appl. No.:
`
`09/365,365
`
`Filing Date: 07/30/1999
`
`Examiner:
`
`Grant ||, Jerome
`
`Art Unit:
`
`2624
`
`AMENDMENT TRANSMITTAL
`
`
`RECEIVED
`
`Commissioner for Patents
`
`Washington, DC. 20231
`
`.,
`
`.
`
`Sir:
`
`MAY 02 2003
`Technology Center 2690
`
`Transmitted herewith is an amendment in the above-identified application.
`
`[ X]
`
`Transmittal of Formal Drawings (1 pg.).
`7
`
`[ X ]
`
`Formal Drawings (19 sheets) Figs. 1-17.
`
`[ X ]
`
`The fee required for additional claims is calculated below:
`
`Claims
`as
`Amended
`
`Previously
`Paid For
`
`Extra
`Claims
`Present
`
`Rate
`
`Additional
`.Claims Fee
`
`Total Claims:
`
`Independents:
`
`14
`
`4
`
`~
`
`—
`
`20
`
`3
`
`=
`
`=
`
`O
`
`1
`
`x
`
`x
`
`$18.00
`
`$84.00
`
`First presentation of any Multiple Dependent Claims:
`
`$280.00
`+
`CLAIMS FEE TOTAL:
`
`=
`
`=
`
`=
`
`.
`
`$0.00
`
`$84.00
`
`$0.00
`$84.00
`
`[
`
`]
`
`Applicant hereby petitions for an extension of time under 37 C.F.R. §1.136(a)
`for the total number of months checked below:
`
`001.1418467.1
`
`
`
`PETITIONERS Ex. 1003, p. 12
`
`PETITIONERS Ex. 1003, p. 12
`
`

`

`Atty. Dkt. NO. 014530-0271
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`[
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`[
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`[
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`[
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`[
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`]
`
`]
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`]
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`]
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`]
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`[
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`]
`
`Extension for response filed within the first month:
`
`$110.00
`
`Extension for response filed within the second month:
`
`$410.00
`
`Extension for response filed within the third month:
`
`$930.00
`
`Extension for response filed within the fourth month:
`
`$1,450.00
`
`Extension for response filed within the fifth month:
`
`$1,970.00
`
`EXTENSION FEE TOTAL:
`
`CLAIMS AND EXTENSION FEE TOTAL:
`Small Entity Fees Apply (subtract 1/2 of above):
`
`TOTAL FEE:
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$84.00
`$0.00
`
`$84.00
`
`[
`
`]
`
`Please charge Deposit ‘Account No. 06—1447 in the amount of $84.00. A
`duplicate copy of this transmittal is enclosed.
`
`[X]
`
`A check in the amount of $84.00 is enclosed.
`
`[ X ]
`
`The Commissioner is hereby authorized to charge any additional fees which
`may be required regarding this application under 37 C.F.R. §§ 1.16-1.17, or
`credit any overpayment, to Deposit Account No. 06-1447. Should no proper
`payment be enclosed herewith, as by a check being in the wrong amount,
`unsigned, post—dated, otherwise improper or informal or even entirely
`,
`missing, the Commissioner is authorized to charge the unpaid amount to
`Deposit Account No. 06-1447.
`If any extensions of time are needed for
`timely acceptance of papers submitted herewith, applicant hereby petitions
`for such extension under 37 C.F.R. §1.136 and authorizes payment of any
`such extensions fees to Deposit Account No. 06-1447.
`
`Please direct all correspondence to the undersigned attorney or agent at the
`address indicated below.
`
`Date
`
`'
`
`2
`
`2003
`
`FOLEY & LARDNER
`
`Suite 3800
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202-5306
`Telephone:
`(414) 297-5728
`Facsimile:
`(414) 297-4900
`
`Respectfully submitted,
`
`By
`
`
`
`E @i ‘
`
`Paul 8. Hunter
`
`Attorney for Applicant
`Registration No. 44,787
`
`001.1418467,1
`
`'2'
`
`PETITIONERS Ex. 1003, p. 13
`
`PETITIONERS Ex. 1003, p. 13
`
`

`

`.
`
`“
`
`,
`
`_
`
`7
`”a:
`Atty. Dkt. No. 0145300271
`
`IN THE UNITED S TA TES PA TENT AND TRADEMARK OFFICE
`
`Joyce E. Vogt et al. 1:
`
`Tltle.
`
`SYSTEM AND IVIETHOD OF
`GENERATING A PRINTING
`PLATE FILE IN REAL TIME
`USING A COWUNICATION
`NETWORK
`
`
`
`CERTIFICATE OF EXPRESS MAILING
`..
`I hereby certify that this correspondence is being deposited
`i: with the United States Postal Service's "Express Mail Post
`Office To Addresses" service under 37 C.F.R. § 1.10 on the
`33 da 8 in ice 5
`saw an is a
`ressa
`o:
`ommiss net or
`Patient: W‘aShiiiglton. DE’C. 25231.
`d t
`c
`to
`f
`EV 055901327
`04/29/2003
`(Date of Deposit)
`(Express Mail Label Number}
`
`55
`
`"
`
`Sandra A. Murphy
`(Printed Name)
`
`Appl. No:
`
`Filing Date:
`
`09/365,365
`
`07/30/1999
`
`Examiner:
`
`Grant 11, Jerome
`
`Art Unit:
`
`2624
`
`RECEIVED
`
`W MAY 0 2 2003
`'
`Technolo
`
`W Center 2500
`
`Commissioner for Patents
`Washington, DC. 20231
`
`Sir:
`
`This communication is responsive to the Non-Final Office Action dated January 29,
`
`2003, concerning the above-referenced patent application.
`
`The amendments presented below are in compliance with the revised amendment
`
`format permitted in the Notice from the Office of Patent Legal Administration of the US.
`
`Patent and Trademark Office dated‘February 10, 2003, and published at 1267 0G 106 on
`
`February 25, 2003. Thus, the provisions of 37 CFR 1.121(a), (b), (c) and (d) are waived for
`
`amendments made in this application to the claims, specification, and drawings.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page
`
`3 of this document.
`
`Amendments to the Drawings begin on page 7 of this document, and include an
`
`attached replacement drawing sheet.
`
`05/01/2003 SSITHIB! 00000050 09365365
`01 FC:1201
`8“” 0p
`
`00114171341
`
`PETITIONERS Ex. 1003, p. 14
`
`PETITIONERS Ex. 1003, p. 14
`
`

`

`Atty. Dkt. No. 014530—0271
`
`Remarks/Arguments begin on page 8 of this document.
`
`Please amend the application as follows:
`
`001.1417134.1
`
`
`
`PETITIONERS Ex. 1003, p. 15
`
`PETITIONERS Ex. 1003, p. 15
`
`

`

`Atty. Dkt. No. 014530—0271
`
` This listing of claims will replace all prior versions, and listings, of claims in the application:
`
`Listing of Claims:
` (Cancelled Without Prejudice)
`\O
`Ifl
`(CurrentlyAmended) A printing and publishing systemwhich generates a
`
`
`
`printing plate—ready file from data ppovided remotely_in real time using a communication
`
`network, the printing and publishing system comprising:
`
`an end us er facility coupled to a communication networkLthe end user facility
`
`providing page building operations, the page building operations including the desigp and
`
`construction of pages from images, text, and data available via said communication network,
`
`a central service facility coupled to said communication network, the central
`
`service facility providing storage”, file processing, remote access, and content management
`
`operations; the file processing operations mcludinggeneratmgaplate—ready file from pages
`
`designed at said end user facility, said plate-ready file having a file format capable of high
`
`resolution and ready for creation of a printingplate',
`
`a printing company facility coupled to said communication network, the
`
`printing company facility providing printing operations,_theprinting operations including
`
`late from said late—read file and
`roducin a rintin
`
`
`"acheprmting—and—pubhshing—system—ef—elam—l; wherein the end user facility
`
`fiirther comprises a communication routing device coupling the end user facilityto the
`
`communication network, a computer which performs page building operations, and a proofer’
`
`which provides printed samples of pages.
`
`U (Cancelled without Prejudice)
`02/1
`(Currently Amended) A printing and publishingpystem which generates a
`
`
`
`late-read file from data rovided remote]rintin in real time usin a communication
`
`
`
`network the rintin and ublishin s stem com risin :
`
`
`an end user facility coupled to a communication network, the end user facility
`
`a e buildin 0 erations the a e buildin o erations includin the desi n and
`rovidin
`
`
`construction of a es from ima es text and ata available via said communication network
`
`8401
`
`PETITIONERS Ex. 1003, p. 16
`
`PETITIONERS Ex. 1003, p. 16
`
`

`

`Atty. Dkt. No. 014530—027]
`
`
`a central service facility coupled to said communication network. the central
`
`service facility providing storage, file processing, remote access, and content management
`
`operations, the file processing operations including generating a plate-ready file from pages
`design.ed at said end user facility, said plate—ready file having a file format capable of high
`
`resolution and ready for creation of a printing plate;
`
`a printing company facility coupled to said communication network, the
`
`®\
`
`printing company facility providing printing operations, the printing operations including
`
`
`producing a printingplate from said plate-ready file; and
`
`Eliheprmang—andpubhshmg—system—efelaim—h wherein said file processing
`
`further comprises performing open prepress interface (OPI) operations.
`
`(Cancelled without Prejudice)
`E 5.
`
` 5f. (Currently Amended) A printing and publishing systemwhich generates a
`
`printing plate—ready file from data provided remotebz in real time using a communication
`
`network, the printing and publishing system comprising:
`
`an end user facility coupled to a communication network, the end user faciligg
`
`providing page building operations, the page building operations including the design and
`
`construction ofpages from images, text, and data available via said communication network"
`
`a central service facility coupled to said communication network, the central
`
`service facility providing storage, file processing,_remote access, and content management
`operations: the file processing operations including generating a plate-ready file from pages
`
`designed at said end user facility, said plate-ready file having a file format capable of high
`
`resolution and ready for creation of a printing plate;
`
`a printing company facility coupled to said communication network, the
`
`printing company facility providing printing operations, the printing operations including
`
`producing a printing plate from said plate-ready file; and
`
`‘
`
`JEhe—priflting—afid—publishingsystern—efelaim—lTwherein the printing customer
`
`facility further comprises a communication routing device coupling the printing company
`
`facility to the communication network, a computer which performs imposition operations, and
`
`a platesetter which exposes a printing plate.
`
`001.14171341
`
`-4-
`
`qo
`
`PETITIONERS Ex. 1003, p. 17
`
`PETITIONERS Ex. 1003, p. 17
`
`

`

`Atty. Dkt. No. 014530—0271
`
`7.
`
`8.
`
`9.
`
`(Cancelled without Prejudice) .
`
`(cancelled without Prejudice)
`
`(Cancelled without Prejudice)
`
`1% I
`
`(Original) A method ofgenerating a plate-ready file configured for the creation
`
`of a printing plate, said plate-ready file being associated with page layouts and being provided
`
`()3
`
`in real time from a remote location using a communication network, the method comprising:
`
`remotely providing access to imaging files for searching and retrieving images
`
`used in the design of a page layout by a remote user;
`’
`establishing links to said imaging files, thereby creating a thin Postscript file
`
`from the page layout designed by the remote user;
`
`parsing said thin Postscript file to extract data associated with low resolution
`
`images and replace with high resolution data, thereby forming a fat Postscript file;
`
`creating a portable document format (PDF) file from said fat Postscript 'file;
`
`and
`
`converting said PDF file to a file in plate-ready format.
`
`DI/l.
`
`(Original) The method ofclaim If), fiirther comprising communicating said
`
`PDF file to said. remote user for proofing and revision of the page layout.
`
`2.
`
`(Original) The method ofclaim If),</further comprising converting said file in
`
`plate-ready format into a virtual proofing software proofing file.
`
`1/4.
`
`(Original) The method ofclaim lfl,fwherem the step ofremotelyproviding
`
`access to imaging files for searching and retrieving images and usedin the design of a page
`
`layout by a remote user comprises dragging and dropping elements selected from a database of
`
`said imaging files.
`
`{Bl/1.
`
`(Original) The methodofclaim III/wahereinthe step ofremotelyproviding
`
`access to imaging files for searching and retrieving images used in the design of a page layout
`
`by a remote user comprises using a web browser configured for communications over the
`
`Internet.
`
`001.1417134.1
`
`-5-
`
`A
`
`At 3
`
`
`
`PETITIONERS Ex. 1003, p. 18
`
`PETITIONERS Ex. 1003, p. 18
`
`

`

`a}
`
`1/;
`
`Atty. Dkt. No. 0145300271
`y
`(Original) The method ofclaim )6, wherein the step ofremotely providing
`
`access to imaging files for searching and retrieving images used in the design of a page layout
`
`by a remote user comprises using a private network configured for dedicated communictions.
`
`fl.
`
`'
`
`(Original) Amethodofgenerating aplate—readyfile configuredforthe creation
`
`of a printing plate, said plate—ready file being associated with page layouts and being provided
`
`in real time fiom a remote location using a communication network, the method comprising:
`
`storing high resolution files on a computer server;
`
`5 '
`
`generating low resolution files c