18. (Canceled)
`
`19. (Canceled)
`
`20. (Canceled)
`
`21 . (Canceled)
`
`22. (Canceled)
`
`23. (Canceled)
`
`24. (Canceled)
`
`25. (Canceled)
`
`26. (Canceled)
`
`27. (Canceled)
`
`28. (Canceled)
`
`29. (Canceled)
`
`30. (Canceled)
`
`31. (Canceled)
`
`32. (Canceled)
`
`33. (Canceled)
`
`34. (Canceled)
`
`35. (Canceled)
`
`36. (Canceled)
`
`3 7. (Canceled)
`
`3 8. (Canceled)
`
`Samsung Ex. 1021 p. 301
`
`

`
`40. (Added) A cellular communication device comprising:
`
`a cellular communication module operable to receive an incoming telephonic
`
`communication;
`
`a memory module operable to store plural audio formats of one or more audio files
`
`received via a cellular communication network independent of the incoming
`
`telephonic communication; and
`
`a processor operable to alter a playing of at least one of the audio files in response
`
`to the incoming telephonic communication.
`
`41. (Added) The device of Claim 40 further comprising the processor operable to stop
`
`playing of the audio file in response to the incoming telephonic communication.
`
`42. (Added) The device of Claim 40 further comprising the processor operable to enable a
`
`user to alter the playing of the at least one audio file to answer the incoming telephonic
`
`communication.
`
`43. (Added) The device of Claim 40 further comprising the processor operable to enable
`
`sequential playing of plural audio files.
`
`44. (Added) The device of Claim 43 further comprising the processor operable to first
`
`play a WAV file and second play an MP3 file.
`
`45. (Added) The device of Claim 43 fiirther comprising the processor operable to first
`
`play a MP3 file and second play a WAV file.
`
`46. (Added) The device of Claim 43 wherein the plural audio files include WAV files.
`
`47. (Added) The device of Claim 40, wherein at least one of the audio files includes a
`
`streaming audio formatted file.
`
`Samsung Ex. 1021 p. 302
`
`

`
`48. (Added) The device of Claim 40, further comprising the processor operable to pause
`
`playing of the audio file in response to the incoming telephonic communication.
`
`49._ (Added) The device of Claim 48, further comprising the processor operable to enable
`
`listening of a telephone call upon a user answering the incoming telephonic
`
`communication.
`
`50. (Added) The device of Claim 40, further comprising a Bluetooth communication
`
`module operable to communicate an output to a wireless speaker, the output including the
`
`playing of the at least one of the audio files or the incoming telephonic communication.
`
`51. (Added) The device of Claim 50, further comprising a PDA.
`
`52. (Added) The device of Claim 40, further comprising a cellular telephone.
`
`53. (Added) The device of Claim 40 further comprising a WAP browser operable to access
`
`a list of downloadable prefonnatted audio files.
`
`54. (Added) The device of Claim 40 further comprising the communication module
`
`operable to receive an audio file selected via an Internet website accessed external to the
`
`cellular communication device.
`
`55. (Added) The device of Claim 53 fiirther comprising a media player operable to play
`
`user selected media downloaded outside of a web browsing environment.
`
`Samsung Ex. 1021 p. 303
`
`

`
`56. (Added)' A cellular communication device comprising:
`
`a processor operable to play plural audio formats;
`
`a communication module operable to receive an audio file selected by a user
`
`accessing an Internet website accessible external to the cellular
`
`communication device and operable to provide the user access to plural
`
`audio files via a user login page;
`
`a memory operable to store plural formats of audio files; and
`
`a Bluetooth communication module operable to communicate an in process playing
`
`of at least one of the audio files or a telephonic communication to a wireless
`
`‘ speaker.
`
`57. (Added) The device of Claim 56 fiirther comprising:
`
`output means for providing an audio output;
`
`input means for selecting the audio file; and
`
`browsing means for viewing available preforrnatted audio and media files.
`
`58. (Added) The device of Claim 56 further comprising a removable memory device
`
`operable to store at least one audio file.
`
`Samsung Ex. 1021 p. 304
`
`

`
`59. (Added) A method for managing audio outputs for a cellular communication device
`
`comprising:
`
`playing an audio file received via a cellular communication;
`
`detecting an incoming cellular telephone call; and
`
`altering playing of the audio file in response to detecting the cellular telephone call.
`
`60. (Added) The method of Claim 59 further comprising playing a second audio file
`
`stored within a memory of the cellular device.
`
`61. (Added) The method of Claim 60, further comprising:
`
`receiving the second audio file independent of the incoming cellular telephone call;
`
`storing the second audio file within the memory; and
`playing the second audio file after detecting the incoming cellular telephone call.
`
`62. (Added) The method of Claim 59, further comprising playing a second audio file
`
`received via a non-wireless communication network.
`
`63. (Added) The method of Claim 59, further comprising:
`
`enabling access to a streaming media link within a user interface of the cellular
`
`communication device;
`
`detecting selection of the streaming media links; and
`
`receiving the selected streaming media.
`
`64. (Added) The method of Claim 63, further comprising altering playing of the streaming
`
`media in response to receiving the cellular telephone call.
`
`65. (Added) The method of Claim 63, further comprising enabling access to streaming
`
`audio.
`
`Samsung Ex. 1021 p. 305
`
`

`
`66. (Added) The method of Claim 63, further comprising enabling access to a broadcast
`
`video.
`
`67. (Added) The method of Claim 64, wherein the streaming media comprises streaming
`
`audio.
`
`Samsung Ex. 1021 p. 306
`
`

`
`68. (Added) A wireless communication system comprising:
`
`an Internet website provided in association with a cellular communication device
`
`operable to receive and play an audio file selected by a user accessing the
`
`Internet website external to the cellular communication device;
`
`a wireless communication network operable to communicate the audio file to the
`
`cellular communication device identified through a user logging into the .
`
`Internet website; and
`
`a digital engine operable to determine availability of the cellular communication
`
`device and to communicate the audio file to the cellular communication .
`
`device.
`
`69. (Added) The system of Claim 68, further comprising the lntemet website operable to
`
`present a user login page in association with identifying the cellular communication
`
`device.
`
`70. (Added) The system of Claim 69, further comprising the Internet website operable to
`
`provide access to downloadable software operable to be communicated to the cellular
`
`communication device.
`
`71. (Added) The system of Claim 68, further comprising the cellular communication
`
`device operable to alter playing of the audio file in response to receiving a telephone
`
`communication communicated via the wireless communication network.
`
`72. (Added) The system of Claim 68, further comprising the Internet website presenting a
`
`link to a selectable preforrnatted audio file operable to be communicated to the identified
`
`cellular communication device.
`
`73. (Added) The system of Claim 72 wherein the preformatted audio files may be
`
`categorized within the Internet website by at least two of:
`
`-10-
`
`Samsung Ex. 1021 p. 307
`
`

`
`genre;
`
`artist;
`
`most popular;
`
`newest;
`
`most viewed; and
`
`favorites.
`
`74. (Added) The system of Claim 68 further comprising the digital engine operable to
`
`enable access to streaming audio information.
`
`75. (Added) The system of Claim 74 further comprising the digital engine operable to
`
`provide links to streaming audio accessible by the cellular communication device.
`
`76. (Added) The system of Claim 69 fiirther comprising the digital engine operable to
`
`communication the audio file to the wherein the audio file may be communicated to the
`
`wireless communication device independent of a user being logged into thelnternet
`
`website.
`
`77. (Added) The system of Claim 69 further comprising the digital engine operable to
`
`enable access to a WAP enabled Internet website operable to initiate downloading of the
`
`audio file via the cellular communication network.
`
`78. (Added) The system of Claim 68 further comprising the digital engine operable to
`
`provide access to a broadcast.
`
`79. (Added) The system of Claim 78 further comprising the digital engine operable to
`
`provide access to an on-line video broadcast.
`
`Samsung Ex. 1021 p. 308
`
`

`
`80. (Added) The system of Claim 78 filrther comprising the digital engine operable to
`
`provide access to an on-line radio broadcast.
`
`81." (Added) The system of Claim 78 wherein the cellular communication device is
`
`operable to alter playing of an accessed broadcast in response to an incoming cellular
`
`telephone call.
`
`REMARKS
`
`This Application has been reviewed in light of the Final Office Action mailed
`
`February 7, 2005 by the Office. At the time of this Office Action, Claims 11, 14-16, 18-
`
`21, 23, 26, 27, 29, 31, 32, and 34-39 were pending in this Application. All pending claims
`
`have been canceld without prejudice.
`
`In order to advance prosecution of this case, Claims
`
`40-81 have been added.
`
`It
`
`is believed that
`
`the added claims do not
`
`involve any
`
`introduction of new matter, whereby entry is believed to be in order and is respectfiilly
`
`requested. The Applicants respectfully request reconsideration and favorable action in this
`
`CEISC.
`
`Claims 40-81 are distinguishable over the Prior Art of record
`
`The Examiner depended primarily on Baughan (U.S. Patent # 6,510,210 B1) and
`
`Shanahan (U.S. Patent # 6,496,692 B1) in the Final Office Action.
`
`The current claim
`
`limitations presented in Claims 40-81 are not present, either alone or in combination with,
`
`Baughan, Shanahan or the prior art of record.
`
`Samsung Ex. 1021 p. 309
`
`

`
`Specifically, Baughan is directed toward providing only non-cellular based wireless
`
`communication of audio files through the use of a Local Area Network (16) connected to a
`
`public network (17) via a home gateway 12 having a cable modem 13. Such an
`
`arrangement severly limits the mobility of a user. Baughan further states the motivation
`
`for his invention as “the market for cordeless telephony devices is potentially larger than
`
`that for mobile telephones (i.e. cellular phones) and the costs of ownership and usage
`
`potentially less” (See Baghan Col 2, lines 56-59).
`
`Shananhan, though cellular based, is primarily directed toward formatting and
`
`programming user-defined information into an electronic device (See Abstract, FIG. 8).
`
`Shanahan is silent on playing of audio files independent of telephone calls and teaches
`
`away from storage of various prefonnatted audio files and uses a file processor that
`
`converts data 106, 162, 172 to a single file format (See FIGS 8, 10 and 11).
`
`Baughan and Shanahan, neither alone or in combination with the prior art of record,
`
`disclose all of the limitations of Claims 40-81. In particular Baughen, Shanahan, and the
`
`prior art of record fail to disclose the cellular communication device as recited in Claim 40.
`
`The cellular communication device of Claim 40 includes a cellular communication module
`
`operable to receive an incoming telephonic communication and a memory module
`
`operable to store plural audio formats of one or more audio files received via a cellular
`
`communication network independent of the incoming telephonic communication and a
`
`processor operable to alter a plafing of at least one of the audio files in response to the
`
`incoming telephonic communication. Neither Baughen, Shanahan or the prior art of record
`
`disclose each of the elements of Claim 40. Additionally, Claims 41-55 which depend from
`
`and provide further limitations to Claim 40, are distinguishable from the prior art of record.
`
`Baughan, Shanahan and the prior art of record also fail to disclose a cellular
`
`communication device as recited in Claim 56.
`
`In particular, Claim 56 includes a processor
`
`operable to play plural audio formats and a communication module operable to receive an
`
`-13-
`
`Samsung Ex. 1021 p. 310
`
`

`
`audio file selected by a user accessing an Internet website accessible external to the cellular
`
`communication device and operable to provide the user access to plural audio files via a
`
`user login page. Claim 56 further includes a limitation of a memog; operable to store
`
`plural formats of audio files and a Bluetooth communication module operable to
`
`communicate an in proce§playing of at least one of the audio files or a telephonic
`communication to a wireless speaker. Neither Baughen, Shanahan or the prior art of
`
`record disclose each of the elements of Claim 56. Additionally, Claims 57-58 which
`
`depend from and provide fiarther limitations to Claim 56, are also distinguishable from the
`
`prior art of record.
`
`Baughan, Shanahan and the prior art of record fail to disclose a method for
`
`managing audio outputs for a cellular communication device as recited in Claim 59. The
`
`method includes pla3g'ng an audio file received via a cellular communication, detecting an
`
`incoming cellular telephone call and altering plafing of the audio file in response to
`
`detecting the cellular telephone call. Neither Baughen, Shanahan or the prior art of record
`
`disclose each of the elements of Claim 59. Additionally, Claims 60-67 which depend from
`
`and provide further limitations to Claim 59, are distinguishable from the prior art of record.
`
`Finally, Baughan, Shanahan and the prior art of record fail to disclose a wireless
`
`communication system as recited in Claim 68. The system includes an Internet website
`
`provided in association with a cellular communication device operable to receive and play
`
`an audio file selected by a user accessing the Internet website external to the cellular
`
`communication device. The system further includes a wireless communication network
`
`operable to communicate the audio file to the cellular communication device identified
`
`througl_i a user logging into the Internet website. The system of Claim 68 also includes a
`
`digital engine operable to determine availability of the cellular communication device and
`
`to communicate the audio file to the cellular communication device. Neither Baughen,
`
`Shanahan, or the prior art of record disclose each of the elements of Claim 68.
`
`Samsung Ex. 1021 p. 311
`
`

`
`Additionally, Claims 69-81 which depend from and provide further limitations to Claim
`
`68, are distinguishable from the prior art of record.
`
`CONCLUSION
`
`The Applicants have reviewed the prior art of record and have made an earnest
`
`attempt to place this case in condition for allowance. For the foregoing reasons, and for
`
`reasons clearly apparent, the Applicants respectfully request full allowance of all pending
`
`claims. If there are any matters that can be discussed by telephone to further the prosecution
`
`of the Application, Applicants invite the Examiner to contact the undersigned at 512-773-
`
`2900 at the Examiner’s convenience.
`
`Respectfully Submitted,
`White et al
`
`Reg. No. 44,795
`
`Kevin R. Imes
`
`2001 So. Mopac #624
`Austin, Texas 78746
`Telephone: (512) 773-2900
`Facsimile: (512) 342-8713
`
`Samsung Ex. 1021 p. 312
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Adams: COMMISSIONER FOR PATENTS
`PO. Box I450
`A.I:.undria, Virginia 27313-M50
`www.usp1o.gov
`
`APPLICATION NO.
`
`09/537,812
`
`FILING DATE
`
`03/28/2000
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Russell W. White
`
`I I I l I I . I I I I
`
`4698
`
`7590
`
`03/04/2005
`
`‘
`
`Russell W White
`10704 Redmond
`
`Austin, TX 73739
`
`EXAMINER
`
`PEREZ GUTIERREZ, RAFAEL
`
`2686
`
`DATE MAILED: 03/04/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO—90C (Rev. I0/03)
`
`Samsung Ex. 1021 p. 313
`
`

`
`Interview Summary
`
`Application No.
`
`09/537.812
`
`Examiner
`
`AppIicant(s)
`
`White et al.
`
`Art Unit
`
`Rafael Perez—Gutierrez
`
`2686
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) Rafael Perez-Gutierrez.
`
`(2) Kevin" R. Imes.
`
`Date of Interview: 01 March 2005.
`
`(3)
`
`(4)
`
`.
`
`.
`
`b)l:I Video Conference
`Type: a)E Telephonic
`c)|:l Personal [copy given to: 1)D applicant
`
`2):] applicant's representative]
`
`Exhibit shown or demonstration conducted: d)l] Yes
`If Yes, brief description:
`
`e)IZ No.
`
`Claim(s) discussed: 34 and 36-38.
`
`Identification of prior art discussed: Baughan (U. S. Patent # 6,510,210 B1) and Shanahan ‘(U.S. Patent # 6,496, 692
`_B_1l.
`
`Agreement with respect to the claims f)Ij was reached. g)|Z was not reached. h)I] N/A.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`reached, or any other comments: The Examiner and Mr. lmes throughly discussed the prior art in view of the above-
`mentioned claims. Mr. imes proposed incorporating dependent claims 36-38 into claim 34 and the Examiner provided
`additional suggestions for amending the claims. No agreement was reached.
`-
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`allowable, if available, must be attached. Also. where no copy of the amendments that would render the claims
`allowable is available, a summary thereof must be attached.)
`
`THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
`INTERVIEW. (See MPEP Section 713.04).
`If a reply to the last Office action has already been filed, APPLICANT IS
`GIVEN ONE MONTH FROM THIS INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY
`FORM, WHICHEVER IS LATER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See
`Summary of Record of Interview requirements on reverse side or on attached sheet.
`
`Examiner Note: You must sign thisform unless it is an
`Attachment to a signed Office action.
`U.S. Patent and Trademark Office
`PTOL-413 (Rev. 04-03)
`
`,
`
`V
`
`Exam er’s signature, if requ ed
`
`r
`
`"
`
`Samsung Ex. 1021 p. 314
`
`

`
`Summary of Record of Interview Requirements
`
`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reached at the interview.
`-
`
`Title 37 Code of Federal Regulations (CFR) §1.133 Interviews
`‘
`_
`Paragraph (b)
`In every instance where reconsideration is requested in view of an intenriew with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed by the applicant An interview does not remove the necessity for reply to Office action as specified in §§ 1.111. 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attomeys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`The Interview Summary Fonn shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`“Contents” section of the file wrapper.
`In a personal interview. a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Fonn should be mailed promptly after the interview rather than with the next official communication.
`
`The Fonn provides for recordation of the following information:
`Application Number (Series Code and Serial Number)
`Name of applicant
`Name of examiner
`Date of interview
`Type of interview (telephonic, video-conference, or personal)
`Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`An indication whether or not an exhibit was shown or a demonstration conducted
`An identification of the specific prior art discussed
`An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`— The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however. that the Interview Summary Fonn will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`-
`2) an identification of the claims discussed.
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the lnten/iew Summary Fonn completed by
`. the examiner.
`
`Examiners are expected to carefully review the applicants record of the substance of an interview.
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiners version of the
`statement attributed to him or her.
`If the record is complete and accurate. the examiner should place the indication, “Interview Record OK“ on the
`paper recording the substance of the interview along with the date and the examiners initials.
`
`Samsung Ex. 1021 p. 315
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandfin, Virginia Z2313-1450
`www.usp1o.guv
`
`APPLICATION NO.
`
`09/537,812
`
`FILING DATE
`
`03/28/2000
`
`7590
`
`02/07/2005
`
`Russell W White
`10704 Redmond
`Austin,
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Russell W. White
`
`111111.] I 11
`
`4698
`
`EXAMINER
`
`PEREZ GUTIERREZ, RAFAEL
`
`‘
`ART UNIT
`2535
`
`DATE MAILED: 02/07/2005
`
`PAPER NUMBER
`
`\
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO—90C (Rev. 10/03)
`
`Samsung Ex. 1021 p. 316
`
`

`
`Office Action Summary
`
`Application No.
`
`.
`
`AppIicant(s)
`
`09/537.812
`Examine,
`Rafael Perez-Gutierrez
`
`White et al.
`M Uni,
`2686
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event. however. may a reply be timely filed
`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.
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`- 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
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`1)lZI Responsive to communication(s) filed on 01 September 2004.
`2a)X This action is FINAL.
`2b)I:I This action is non-final.
`3)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11. 453 O.G. 213.
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`Disposition of Claims
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`4) Claim(s) 11 14-16 18-21 23 26 27 29 31 32 and 34-39 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`5)|:] Claim(s) __ is/are allowed.
`6)IZ Claim(s) 11 14-16 18-21 23 26 27 29 31 32 and 34-39 is/are rejected.
`7)I:I Claim(s) _ is/are objected to.
`8)lj Claim(s) j are subject to restriction and/or election requirement.
`
`'
`
`Application Papers
`
`9)l:l The specification is objected to by the Examiner.
`10)X The drawing(s) filed on 01 September 2004 is/are: a)E accepted or b)[] 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).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)[] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)EI Acknowledgment is made of a claim for foreign priority’ under 35 U.S.C. § 119(a)-(d) or (f).
`a)|] All b)[j Some * c)I:] None of:
`_
`1.|:] Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`31:] 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.
`
`Attachmentis)
`
`1) E] Notice of References Cited (PTO-892)
`2) D Notice or Draftsperson’s Patent Drawing Review (PTO-948)
`3) [:1 Information Disclosure Statementis) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date j.
`U.S. Patent and Trademark Office
`
`4) I] Interview Summary (PTO-413)
`Paper Nets)/Mail Dale. __.
`5) Cl N°ti°e of informal Patent Applicalion (PTO-152)
`6) E] Other:
`.
`
`PTOL-326 (Rev. 1-04)
`
`.
`
`Office Action Summary
`
`Part of Paper No./Mall Date 02052005
`
`Samsung Ex. 1021 p. 317
`
`

`
`Application/Control Number: 09/5 3 7,8 l 2
`
`Art Unit: 2686
`
`DETAILED ACTION
`
`1.
`
`This Action is in response Applicant’s amendment filed on September 1, 2004. Claims
`
`11, 14-16, 18-21, 23, 26, 27, 29, 31, 32, and 34-39 are now pending in the present application.
`
`This Action is made FINAL.
`
`Drawings
`
`2.
`
`' The replacement drawing sheets received via facsimile transmission on September 1,
`
`2004 are acknowledged by the Examiner. However, replacement drawing sheets submitted via
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`facsimile transmission are not acceptable due to their poor quality. The Examiner suggests the
`
`Applicant to mail the replacement drawing sheets to the Office.
`
`3.
`
`Corrected drawing sheets in compliance with 37 CFR l.121(d) are required in reply to
`
`the Office Action to avoid abandonment of the application. Any amended replacement drawing
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended”. If a drawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures must
`
`be renumbered and appropriate changes made to the brief description of the several views of the
`
`drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering ofthe remaining figures. The replacement sheet(s) should be labeled “Replacement
`
`Samsung Ex. 1021 p. 318
`
`

`
`Application/Control Number: 09/537,812
`
`Art.Unit: 2686
`
`Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the
`
`drawing figures. If the changes are not accepted by the Examiner, the Applicant will be notified
`
`and informed of any required corrective action in the next Office Action. If a response to the
`
`present Office Action fails to include proper drawing corrections, corrected drawings or
`
`arguments therefor, the response can be held NON-RESPONSIVE and/or the application could
`be ABANDONED since the objections/corrections to the drawings are no longer held in
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`abeyance.
`
`Claim Objections
`
`Claims 14, 21, and 23 are objected to because of the following informalities:
`
`a) On lines 2 and 3 of claim 14, insert --web-- before “browsing”;
`
`b) On line 2 of claim 21, replace “communications” with --communication-- after “short-
`
`range”; and
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`c) On line 2 of claim 23, replace ““B1uetooth”” with --Bluetooth—— alter “a”.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 (a) which forms the basis for all
`
`obviousness rejections set forth in this Office Action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`
`Samsung Ex. 1021 p. 319
`
`

`
`Application/Control Number: 09/537,812
`
`Art Unit: 2686
`
`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.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims under 35 U.S.C. 103(a), the Examiner presumes that the subject ‘matter of the various
`
`claims was commonly owned at the time any inventions covered therein were made absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out
`
`the inventor and invention dates of each claim that was not commonly owned at the time a later
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`invention was made in order for the Examiner to consider the applicability of 35 U.S.C. lO3(c)
`
`and potential 35 U.S.C. 102(e), (t) or (g) prior art under 35 U.S.C. 1-O3(a).'
`
`The factual inquiries set forth i