SIN 11/264,526
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`Examiner: Unknown
`Daniele Levy et al.
`Applicants:
`Group Art Unit: 3696
`111264,526
`Serial No.:
`Docket No.: 2043.001US4
`November 1, 2005
`Filed:
`Customer No.: 49845
`Confirmation No.: 4454
`Title:
`METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION
`TO COMBINE FEATURES OF BOTH THE INTERNET AND
`TRADITIONAL, REAL WORLD AUCTIONS
`
`PATENT
`
`AMENDMENT & RESPONSE UNDER 37 C.F.R. § 1.111
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`In response to the Office Action mailed October 9, 2008, please amend the application
`
`and consider the remarks as follows.
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number: 111264,526
`Filing Date: November 1, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 2
`Dkt: 2043.001 US4
`
`Please amend the claims as follows:
`
`IN THE CLAIMS
`
`1.
`
`(Currently Amended) A computer-implemented method comprising:
`
`transmitting to one or more remote auction bidders information about an item being
`
`auctioned at a live auction site;
`
`receiving one or more remote auction bids from the one or more remote auction bidders
`
`for the item being auctioned;
`
`choosing as a starting bid in the live auction a highest bid from one or more remote
`
`auction bids;
`
`processing remote and onsite auction bids from one or more onsite auction bidders and
`
`remote auction bidders for the item being auctioned using the starting bid;
`
`accepting, by an auctioneer of the live auction site, an auction bid, wherein the accepted
`
`auction bid is selected from a plurality of onsite auction bids and the starting bid
`
`remote auction bids; and
`
`transmitting information regarding the acceptance and rejection of the onsite and remote
`
`auction bids to at least one remote auction bidder, wherein the acceptance and
`
`rejection of the onsite and remote auction bids is determined by an auctioneer of
`
`the live auction site.
`
`2.
`
`(Original) The computer-implemented method of claim 1 further comprising:
`
`capturing live audio and video data at the live auction site; and
`
`streaming the captured live audio and video data to one or more remote auction bidders.
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number:l l/264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 3
`Dkt: 2043.001 US4
`
`3.
`
`4.
`
`(Canceled)
`
`(Currently Amended) A system comprising:
`
`a live auction interface operable to process onsite and remote auction bids from one or
`
`more onsite auction bidders and remote auction bidders for an item being
`
`auctioned at a live auction site by an auctioneer, to transmit to one or more of the
`
`remote auction bidders information pertaining to the item being auctioned, and to
`
`transmit to the one or more remote auction bidders information regarding
`
`acceptance and rejection of the onsite and remote auction bids; and
`
`a real time bidding process processor to receive remote auction bids from the one or more
`
`remote auction bidders for the item being auctioned, choose as a starting bid in
`
`the live auction a highest bid from the remote auction bids, and to bid at the live
`
`auction site on behalf of the remote auction bidder of the highest bid.
`
`5.
`
`(Original) The system of claim 4, wherein the transmitting of the information pertaining
`
`to the item being auctioned and the information regarding the acceptance and rejection of
`
`the onsite and remote bids is performed over a network infrastructure.
`
`6.
`
`(Original) The system of claim 4, wherein the information pertaining to the item being
`
`auctioned is selected from the group consisting of text-based item listings, thumbnail
`
`images, streaming audio, and streaming video.
`
`Patent Owner's Ex. 2001, Page 3 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number: 111264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 4
`Dkt: 2043.001 US4
`
`7.
`
`(Currently Amended) A computer-implemented method comprising:
`
`presenting information about a live auction to one or more [[an]] online attendees
`
`attendee of the live auction;
`
`receiving [[an]] online [[bid]] bids from the one or more online attendees attendee;
`
`choosing as a starting bid in the live auction a highest bid from the online bids;
`
`presenting the starting bid online bid to an auction conductor;
`
`receiving a live bid, wherein the live bid was submitted to the auction conductor by a live
`
`attendee of the live auction; and
`
`presenting the live bid to the online attendee bidding the highest bid.
`
`8.
`
`(Currently Amended) The computer-implemented method of claim 7 further
`
`comprising:
`
`presenting the highest bid online bid to live attendees of the live auction.
`
`9.
`
`(Original) The computer-implemented method of claim 7 further comprising:
`
`receiving a final auction bid, wherein the final auction bid is a bid accepted by the
`
`auction conductor.
`
`10.
`
`(Original) The computer-implemented method of claim 7 further comprising:
`
`presenting information about acceptance of at least one of the live bid and the online bid
`
`to the online attendee.
`
`11.
`
`(Original) The computer-implemented method of claim 10, wherein the information
`
`about acceptance of at least one of the live bid and the online bid includes audio and
`
`video information.
`
`12.
`
`(Original) The computer-implemented method of claim 7, wherein the information
`
`about the live auction includes audio and video information.
`
`Patent Owner's Ex. 2001, Page 4 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number:l 1/264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page S
`Dkt: 2043.001 US4
`
`13.
`
`(Original) The computer-implemented method of claim 7, wherein the presenting of the
`
`live bid to the online attendee occurs in near real-time.
`
`14.
`
`(Original) A machine-readable medium including instructions which when executed by
`
`a machine cause the machine to perform the method of claim 7.
`
`15.
`
`(Currently Amended) An apparatus comprising:
`
`a first device configured to present information to online bidders of an integrated live and
`
`online auction, the information being about an item for sale at the integrated live
`
`and online auction;
`
`a second device to receive online bids from the online bidders, wherein the online bids
`
`are associated with the item[[;]], the second device to choose as a starting bid in
`
`the integrated live and online auction a highest bid from online bids received from
`
`the online bidders;
`
`and
`
`a live auction interface configured to present the starting bid online bids to live bidders at
`
`the integrated live and online auction, and to present live bids to the online
`
`bidders.
`
`16.
`
`(Original) The apparatus of claim 15, wherein the information includes thumbnail
`
`images of the item.
`
`17.
`
`(Original) The apparatus of claim 15, wherein the information includes textual
`
`information.
`
`18.
`
`(Original) The apparatus of claim 15, the live auction interface is to receive a final bid
`
`which was accepted by an auction conductor.
`
`Patent Owner's Ex. 2001, Page 5 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number: 111264,526
`Filing Date: November 1, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 6
`Dkt: 2043.001 US4
`
`19.
`
`(Original) The apparatus of claim 15 further comprising:
`
`a third device configured to present audio and video information about progress of the
`
`integrated live and online auction.
`
`20.
`
`(Original) The apparatus of claim 15 further comprising:
`
`a third device configured to conduct a teleconference including the live bidders and
`
`online bidders, the teleconference to monitor the progress of the integrated live
`
`and online auction.
`
`21.
`
`(Currently Amended) A machine-readable medium including instructions which when
`
`executed by a machine cause the machine to perform operations comprising:
`
`integrating online bidders with live bidders to form an integrated auction for selling an
`
`item, the integrating including,
`
`transmitting audio and video information to the online bidders, the audio and
`
`video information indicating progress of the integrated auction;
`
`receiving bids associated with the online bidders and the live bidders; [[and]]
`
`choosing as a starting bid in a live auction a highest bid from one or more remote
`
`auction bids; and
`
`presenting certain of the bids including the starting bid to an auction conductor,
`
`the online bidders and the live bidders.
`
`22.
`
`(Original) The machine-readable medium of claim 21 to perform operations further
`
`compnsmg:
`
`receiving a final auction bid, wherein the final auction bid is a bid accepted by the
`
`auction conductor.
`
`23.
`
`(Original) The machine-readable medium of claim 21 to perform operations further
`
`comprising:
`
`presenting the final auction bid to the online bidders and the live bidders.
`
`Patent Owner's Ex. 2001, Page 6 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number:l l/264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 7
`Dkt: 2043.001 US4
`
`24.
`
`(Original) The machine-readable medium of claim 21, wherein the bids associated with
`
`the live bidders were submitted by the live bidders to the auction conductor.
`
`25.
`
`(Original) The machine-readable medium of claim 21, wherein the online bidders
`
`receive the certain of the bids in near real-time.
`
`26.
`
`(Original) The machine-readable medium of claim 21 to perform operations further
`
`compnsmg:
`
`presenting textual information about the item to the online bidders.
`
`27.
`
`(Currently Amended) A computer-implemented method comprising:
`
`capturing live audio and video data at a live auction with an auctioneer;
`
`transmitting the captured live audio and video data to one or more remote auction
`
`bidders, each remote auction bidder operating a bidding device, enabling remote
`
`auction bidders to hear the auctioneer and view real-time video from the live
`
`auction site, the live audio and video being received along with information
`
`regarding an item being auctioned at the live auction site and information
`
`regarding acceptance and rejection of onsite and remote auction bids over an IP
`
`network, the bidding device being operable to receive and transmit auction bids
`
`for the item being auctioned;
`
`transmitting to the one or more remote auction bidders information regarding the item
`
`being auctioned;
`
`receiving auction bids from the one or more remote auction bidders for the item being
`
`auctioned;
`
`choosing as a starting bid in the live auction a highest bid from auction bids received
`
`from the one or more remote auction bidders.
`
`processing auction bids from one or more onsite auction bidders and the starting bid
`
`remote auction bidders for the item being auctioned at the live auction site;
`
`Patent Owner's Ex. 2001, Page 7 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number:l l/264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 8
`Dkt: 2043.001US4
`
`accepting an auction bid, the auction bid being accepted by the auctioneer and the
`
`accepted auction bid is selected from a plurality of onsite auction bids and the
`
`starting bid remote auction bids; and
`
`transmitting information regarding the acceptance and rejection of the onsite and remote
`
`auction bids to at least one remote bidding device.
`
`28.
`
`(Original) The computer-implemented method of claim 27, wherein the information
`
`regarding the acceptance and rejection of the onsite and remote auction bids includes
`
`audio and video information.
`
`29.
`
`(Canceled)
`
`30.
`
`(Original) The computer-implemented method of claim 27, wherein the bidding device
`
`is computer.
`
`31.
`
`(Currently Amended) A system to integrate a remote auction audience with an onsite
`
`auction audience, the system comprising:
`
`a first system to process auction bids from one or more onsite auction bidders and remote
`
`auction bidders for an item being auctioned at a live auction site, wherein the
`
`processing of the auction bids include choosing as a stating bid in the onsite
`
`auction a highest bid from the auction bids from the one or more remote auction
`
`bidders; and
`
`a second system to:
`
`transmit to one or more remote auction bidder's information pertaining to the item
`
`being auctioned,
`
`receive auction bids from the one or more remote auction bidders for the items
`
`being auctioned; and
`
`transmit to the one or more remote auction bidders information regarding the
`
`acceptance and rejection of the onsite and remote auction bids;
`
`the first and second systems operating under direction of an auctioneer.
`
`Patent Owner's Ex. 2001, Page 8 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER37 C.F.R § 1.111
`Serial Number:l l/264,526
`Filing Date: November I, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page9
`Dkt: 2043.001 US4
`
`REMARKS
`
`This responds to the Office Action mailed on October 9, 2008.
`
`Claims 1, 4, 7-8, 15, 21, 27, and 31 are amended, claims 3 and 29 are canceled, and no
`
`claims are added; as a result, claims 1-2, 4-28, and 30-31 are now pending in this application.
`
`§103 Rejection of the Claims
`
`Claims 1-31 were rejected under 35 U.S.C. § 103(a) as being unpatentable over Friedland
`
`et al. (U.S. Patent No. 6,449,601, hereinafter; "Friedland").
`
`For at least the reasons set forth below, Applicants respectfully submit that, in light of the
`
`amendments, the rejection of claims 1-31 is moot. As amended, the claims are non-obvious over
`
`Friedland and are therefore allowable.
`
`Claim 3, as amended, now recites in pertinent part, "choosing as a starting bid in the live
`
`auction a highest bid from one or more remote auction bids." (Emphasis added throughout)
`
`It is submitted that this limitation is part of an allowed claim of parent application
`
`number 09/457,466, now issued as patent number 7,162,446, and has been referred to in the
`
`Statement of Reasons for Allowance of the parent application.
`
`The Office Action, in reference to claims 1-31, has relied on Friedland col. 6, lines14+;
`
`col. 3, lines 14-22; col. 14, lines 10+; col. 1, lines 35-49 and col. 8, lines 10-27 for support. In
`
`review of Friedland, Applicants could not find a passage in the reference that even suggests this
`
`limitation. Friedland is directed to a "method for distributing a live auction over the Internet to
`
`remote bidders." The reference specifically states, "[t]he remote bidder receives status updates
`
`concerning the bidding, lot state, and lot sequencing from the live auction via a graphical user
`interface provided on the remote computer ... ;" 1 Friedland further states:
`
`At some specified time interval, the lot transitions to either the state "pre-bid"
`206 via transition 208 or to the "open for bidding" state 210 via transition 212. In
`the pre-bid state, preliminary bids are accepted for the lot, prior to the lot
`becoming active during the auction, from remote bidders via transition 214. These
`pre-bids trigger the activation of a bidding agent that automatically produces bids
`
`1 Friedland, col. 3, lines 16-22
`
`Patent Owner's Ex. 2001, Page 9 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number: 111264,526
`Filing Date: November 1, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 10
`Dkt: 2043.001 US4
`
`after the lot transitions to the state "open for bidding" ... until either the pre(cid:173)
`bidder wins, or the high bid exceeds the pre-bidder's bid value. 2
`
`The quoted passages merely describe that pre-bids trigger the activation of a bidding
`
`agent that automatically produces bids after the lot transitions to the state "open for bidding"
`
`until either the pre-bidder wins, or the high bid exceeds the pre-bidder's bid value. However, the
`
`passage is silent with respect to the claimed feature of "choosing as a starting bid in the live
`
`auction a highest bid from one or more remote auction bids." As such, Friedland does not
`
`describe the limitation of"choosing as a starting bid in the live auction a highest bid from one or
`
`more remote auction bids," as recited in the amended claim 1. Accordingly, Friedland fails to
`
`teach or suggest each and every limitation of the amended claim 1.
`
`Therefore, Applicants respectfully submit that there are substantial differences between
`
`what is claimed and what the Office Action contends to be shown in Friedland. Because the
`
`cited document does not show all of the elements of the claimed subject matter of the amended
`
`claim 1, those differences are significant and non-obvious to a person of ordinary skill in the art
`
`at the time the application was filed. Thus, the amended claim 1, and its dependent claim 2 are
`
`not rendered obvious by Friedland and are patentable.
`
`Similar arguments as presented with respect to claim 1 are also applicable to a
`
`consideration of amended claims 4, 7, 15, 21, 27, and 31. Accordingly, at least for the reasons
`
`articulated above with respect to claim 1, these claims and the dependent claims 2, 4-6, 8-14, 16-
`
`20, 22-26, and 28-30 are also non-obvious over Friedland and thus are allowable.
`
`Therefore, Applicants respectfully request that claim rejections under 35 USC § 103 be
`
`reconsidered, in view of the amendments, and withdrawn.
`
`2 Id., col. 6, lines 19- 29
`
`Patent Owner's Ex. 2001, Page 10 of 11
`
`

`

`AMENDMENT AND RESPONSE UNDER 37 C.F.R § 1.111
`Serial Number: 1 i/264,526
`Filing Date: November l, 2005
`Title: METHOD AND APPARATUS FOR HOLDING AN ONLINE LIVE AUCTION TO COMBINE FEATURES OF BOTH THE
`INTERNET AND TRADITIONAL, REAL WORLD AUCTIONS
`
`Page 11
`Dkt: 2043.001 US4
`
`CONCLUSION
`
`Applicants respectfully submit that the claims are in condition for allowance, and
`
`notification to that effect is earnestly requested. The Examiner is invited to telephone
`
`Applicants' representative at (408) 278-4053 to facilitate prosecution of this application.
`
`If necessary, please charge any additional fees or credit overpayment to Deposit Account
`
`No. 19-0743.
`
`Respectfully submitted,
`
`SCHWEGMAN, LUNDBERG & WOESSNER, P.A.
`P.O. Box 2938
`Minneapolis, MN 55402
`( 408) 278-4053
`
`BylcAakf~~/
`Ali Mireshghi
`Reg. No. 58,726
`
`Date
`
`January 09, 2009
`
`CERTIFICATE UNDER 37 CFR 1.8: The undersigned hereby certifies that this correspondence is being filed using the
`USPTO's electronic filing system EFS-Web, and is addressed to: Mail Stop Amendment, Commissioner for Patents, P.O. Box
`1450, Alexandria, VA 22313-1450 on January~, 2009.
`
`Name
`
`Patent Owner's Ex. 2001, Page 11 of 11
`
`