UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`§w E
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 223134450
`www.uspln.gov
`
`APPLICATION NO.
`
`l0/846,236
`
`FILING DATE
`
`05/14/2004
`
`7590
`
`08/09/2006
`
`Paul .I. Maginot
`Maginot, Moore & Beck LLP
`Bank One Center/Tower
`1 11 Monument Circle, Suite 3000
`Indianapolis, IN 46204-5115
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Rafael Heredia
`
`1905-0001
`
`2245
`
`EXAMINER
`
`TRAN, TUANA
`
`“PER NUMBER
`
`2618
`DATE MAILED: 08/09/2006
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`BLACKBERRY EX. 1002, page 1
`
`BLACKBERRY EX. 1002, page 1
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/846,236
`
`Examiner
`
`HEREDIA ET AL.
`
`-- 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) OR THIRTY (30) DAYS
`WHICHEVER IS LONGER 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 (8) MONTHS from the mailing date of this communication.
`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, muse 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
`
`1)IZI Responsive to communication(s) filed on 14 May 2004.
`
`2mg This action is non-final.
`2a)[] This action is FINAL.
`3)l:] 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). Claim(s) 1-_42 is/are pending in the application.
`4a) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`5)E] Claim(s) _ is/are allowed.
`
`6). Claim(s) 1-_4215/are rejected.
`
`7)El Claim(s) __ is/are objected to.
`8)l:] Claim(s) __ 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 __ is/are: a)l:I accepted or ml] 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)E] 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)l:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)[:] All
`b)E] Some " c)I___] None of:
`
`1.|:I Certified copies of the priority documents have been received.
`2.I:l 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.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`2) [I Notice of Drafisperson's Patent Drawing Review (PTO-948)
`3) E lnfonnation Disclosure Statement(s) (PTO-1449 or PTO/SBI08)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
`
`4) D Interview Summary (PTO—413)
`Paper Nam/Mail Date __
`5) I: Notice 0f lnforrnal Patent AppIIcation (PTO-152)
`6) El Other:—
`
`PTOL-326 (Rev. 7-05)
`
`Office Action Summary
`
`Part of Paper No.lMaiI Date 20060804
`
`BLACKBERRY EX. 1002, page 2
`
`BLACKBERRY EX. 1002, page 2
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 2
`
`DETAILED ACTION
`
`Claim Objections
`
`The numbering of claims is not in accordance with 37 CFR 1.126 which requires
`
`the original numbering of the claims to be preserved throughout the prosecution. When
`
`claims are canceled, the remaining claims must not be renumbered. When new claims
`
`are presented, they must be numbered consecutively beginning with the number next
`
`following the highest numbered claims previously presented (whether entered or not).
`
`~Misnumbered claims 4-41 been renumbered 5-42.
`
`Claim Rejections - 35 USC § 103
`
`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 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.
`
`1. Claims 1, 5-21 and 25-42 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Rucinski (2003/0130014).
`
`Regarding claim 1, Rucinski discloses an instant messaging terminal 150 (See
`
`figs. 1 and 3) comprising: a display 380 having a capability for displaying textual
`
`characters and graphical symbols; a data entry device 310 integrated in a housing for
`
`the display 380, the data entry device 310 being for entry of textual characters and
`
`graphical symbols; a RF communication module for communicating messages with a
`
`RF access point 140; and a control module for coordinating authentication for coupling
`
`BLACKBERRY EX. 1002, page 3
`
`BLACKBERRY EX. 1002, page 3
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 3
`
`the instant messaging terminal 150 to a local network to the RF access point 140 and
`
`for controlling a conversation session through the RF access point 140 (See figs. 1, 3
`
`and page 1 [0014] to page 2 [0024], page 4 [0047] to page 5 [0055]). However,
`
`Rucinski does not mention that the RF communication module and the RF access point
`
`are Wi-Fi communication module and access point. Since Rucinski does suggest the
`
`RF communication module and access point can utilize multiple wireless
`
`communication protocols such as wideband or short range Bluetooth communication
`
`protocol and Wi-Fi is widely known in the art as a wireless short range communication
`
`protocol; therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to configure the RF communication module and the RF
`
`access point, as disclosed by Rucinski, to utilize Wi-Fi for the advantage of expanding
`
`the capability of the system to various wireless communication protocols.
`
`Claim 21 is rejected for the same reasons as set forth in claim 1, as method.
`
`Regarding claims 5-10, Rucinski discloses as cited in claims 1. Rucinski further
`
`discloses the control module determines whether any beacons have been detected in
`
`the area of the instant messaging terminal 150, wherein the control module determines
`
`whether the beacon is advertising its identifier, and prioritizes the detected beacons by
`
`strength of detected signal (See page 2 [0017-0018]); or the control module determines
`
`whether an access point 140 requires a security key and generates a prompt for a
`
`security key in response to the determination that a security key is required, wherein the
`
`control module stores a profile containing network settings for a network to which the
`
`terminal 150 has connected through the access point 140 (See figs. 1, 4A and page 2
`
`BLACKBERRY EX. 1002, page 4
`
`BLACKBERRY EX. 1002, page 4
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 4
`
`[0022-0024]).
`
`Claims 25-30 are rejected for the same reasons as set forth in claims 5-10, as
`
`method.
`
`Regarding claim 11, Rucinski discloses as cited in claim 1. Rucinski further
`
`discloses the control module accesses one or more instant messaging service providers
`
`through the access point 140 (See fig. 1 and page 2 [0022]).
`
`Claim 31 is rejected for the same reasons as set forth in claim 11, as method.
`
`Regarding claims 12-16, Rucinski discloses as cited in claim 10. Rucinski further
`
`discloses the control module: generating a buddy list identifying buddies coupled to
`
`each instant messaging service accessed by the control module and displaying the
`
`buddy list in response to a buddy list key being depressed on the data entry device 310,
`
`wherein the generated buddy list displays the buddies with whom active conversations
`
`are being conducted at the top of the list and those with whom no active conversation is
`
`being conducted are displayed following the active buddy list (See figs. 4A, 4B, 5 and
`
`page 4 [0050] to page 7 [0085]); generating and displaying a conversation session
`
`window for each active buddy in the active list wherein the conversation session
`
`windows generated by the control module window includes a header that identifies the
`
`buddy with whom the conversation is being conducted. the number of window being
`
`displayed, and the total number of active conversations (See figs. 4A, 4B. 5 and page 4
`
`[0050] to page 7 [0085]); and parsing characters entered by with the data entry device
`
`310 and confirm the sequence is compatible with the messaging service associated with
`
`the buddy to whom the message is being sent (See page 6 [0063-0064]).
`
`BLACKBERRY EX. 1002, page 5
`
`BLACKBERRY EX. 1002, page 5
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 5
`
`Claims 32-36 are rejected for the same reasons as set forth in claims 12-16, as
`
`method.
`
`Regarding claims 17-19, Rucinski discloses as cited in claim 1. Rucinski further
`
`discloses the control module includes an audio player for downloading audio files from
`
`an Internet radio station through the access point 140, storing audio files in the memory
`
`of the terminal 150, and generating sound from the downloaded files (See page 3
`
`[0034-0035]).
`
`Claims 37-41 are rejected for the same reasons as set forth in claims 17-19, as
`
`method.
`
`Regarding claim 20, Rucinski discloses as cited in claim 1. Rucinski further
`
`discloses the control module displays conversations histories for the active
`
`conversations at the time the operating power loss and searches for network beacons
`
`upon all of the displayed conversations histories being displayed (See page 3 [0033]).
`
`Claim 42 is rejected for the same reasons as set forth in claim 20, as method.
`
`2. Claims 2-4 and 22-24 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Rucinski (2003/0130014) as applied to claims 1 and 21 above, and further
`
`in view of Miller (6,629,793).
`
`Regarding claims 2-4 and 22-24, Rucinski discloses as cited in claims 1 and 20.
`
`However, Rucinski does not mention that the data entry device 310 comprises a
`
`plurality of programmable keys (emoticons keys) wherein each programmable key
`
`associated with a set of character sequence corresponding to a graphical symbol
`
`BLACKBERRY EX. 1002, page 6
`
`BLACKBERRY EX. 1002, page 6
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 6
`
`supported by an instant messaging service provider, and the control module generates
`
`and sending the correct character sequence to transmit the graphical symbol in
`
`response to the depression of the programmable key. Miller teaches an instant
`
`messaging terminal having a data entry device 302 and a control module, wherein the
`
`data entry device comprises a plurality of programmable keys 306 (emoticons keys)
`
`wherein each programmable key associated with a set of character sequence
`
`corresponding to a graphical symbol supported by an instant messaging service
`
`provider, and the control module generates and sending the correct character sequence
`
`to transmit the graphical symbol in response to the depression of the programmable key
`
`(See figs. 3-7 and col. 4 line 5 to col. 9 line 34). Therefore, it would have been to one of
`
`ordinary skill in the art at the time the invention was made to modify the terminal as
`
`disclosed by Rucinski with emoticons keys for the advantage of allowing for quick and
`easy generations of emoticons as well as giving users a more pleasurable and less
`
`time-consuming experience while using this application.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Szeto (2003/0140103); Lee (WO 01/41477)
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Tuan A. Tran whose telephone number is (571) 272-
`
`7858. The examiner can normally be reached on Mon-Fri, 10:00AM-6z30PM.
`
`BLACKBERRY EX. 1002, page 7
`
`BLACKBERRY EX. 1002, page 7
`
`

`

`Application/Control Number: 10/846,236
`Art Unit: 2682
`
`Page 7
`
`If attempts to reach the examiner by telephone are unsuccessful. the examiner’s
`
`supervisor, Matthew Anderson can be reached on (571) 272-4177. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see httpzllpair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`W: W/
`
`Tuan Tran
`
`Matthew D. Anderson
`SPE - 2618
`
`BLACKBERRY EX. 1002, page 8
`
`BLACKBERRY EX. 1002, page 8
`
`

`

`FORM PTO-1449
`WWW
`
`ATTY. DOCKET NO. 1905-0001
`
`APPLICATION NO.
`To be assigned
`
`APPLICANT: Heredia et al.
`
`FILING DATE: Herewith
`
`
`
`A ‘
`
`II
`
`6,665,173
`6,484,196
`6,636,419
`
`6,671 ,351
`6,629,793
`6,539,421
`
`II
`
`U.S. PATENT DOCUMENTS
`
`DATE
`
`12/16/2003
`1 1/19/2002
`10/21/2003
`12/30/2003
`10/07/2003
`
`Brandenberg et a].
`Maurine
`
`Menard et al.
`
`03/25/2003
`
`II
`
`Appelman et al.
`
`CLASS
`
`I
`
`SUB-CLASS
`
`FILING DATE
`
`111111
`
`
`
`
`
`
`
`
`
`GROUP To be assigned
`
`
`11116
`fififififiifi
`
`fififiifiifi
`
`
`El 3%
`
`
`FOREIGN PATENT DOCUMENTS
`
`
`DATE
`
`CLASS
`
`SUB-CLASS TRANSLATION
`
`-<
`
`Yes
`
`IO
`
`OTHER (Including Author. Title. Date. Pertinent Pages. etc.)
`
`
`
`IIII
`!III
`
`
`
`
`EXAMINER
`
`/Tuan '1‘
`
`/
`
`““1
`
`DATE CONSIDERED
`08/04/2006
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in
`conformance and not considered. Include copy of this form With next communication to Applicant.
`
`BLACKBERRY EX. 1002, page 9
`
`BLACKBERRY EX. 1002, page 9
`
`

`

`Pue1oI2
`
`APPLICATION NO. 101845.236
`ATTY. DOCKET NO.: 1905-0001
`
`FORM PTO-1449
`
`
`INFORMATION DISCLOSURE STATEMENT
`
`
`
`
`APPLICANT: Heredia et aI.
`
`FILING DATE: May 14. 2004
`
`GROUP ART UNIT: 2645
`
`
`US. PATENT DOCUMENTS
`W
`
`
`EXAMINER
`
`INITIAL
`DOCUMENT
`DATE
`NAME
`FILING DA'I'I-I
`
`
`
`
`NUMBER
`
`2003/0083047
`2003/0073462
`2003/0065955
`
`May I, 2003
`April I7, 2003
`April 3, 2003
`
`Phillips et al.
`Zatloukal ct aI.
`
`Kumhyr et al.
`
`I-lI-]
`
`A ‘
`
`C
`
`fiiifififififiififil
`
`
`
`FOREIGN PATENT DOCUMENTS
` EXAMINER
`
`INITIAL
`SU B-
`'I'RANSLA'I'ION
`DOCUMENT
`DATE
`NAME
`CLASS
`CLASS
`
`NUMBER
`
` YL:
`
`No
`Yes
`
`
` Yes
`
`
`
`
`
`
` OTHER (Including Author, Title. Date, Pertinent Pages. etc.)
`“Motorola IMfree”, Motorola, Web page, May 8, 2003, (I page).
`|-]0-]
`
`
`
`IE”
`
`*3
`
`EXAMINER
`
`
`
`
`
`Instant Messenger Fans", Motorola, Inc., May 7, 2003, 3 pages.
`
`“Motorola IMfree”, Web page, May 8, 2003, (3 pages).
`
`BLACKBERRY EX. 1002, page 10
`
` “New Motorola IMfree Delivers Portable Instant Messaging Soiution to Millions of AOL
`
`
`
`/Tuan Tran/
`DATE CONSIDERED 08 / o4 /2 0 0 6
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation il‘not in
`
`
`conformance and not considered.
`Include copy ofthis form with next communication to Applicant.
`
`
`BLACKBERRY EX. 1002, page 10
`
`

`

`
`FORM PTO-1449
`INFORMATION DISCLOSURE STATEMENT
`
`ATTY. DOCKET NO: 1905-0001
`
`APPLICANT: Heredia et al.
`
`FILING DATE: May 14. 2004
`
`
`
`
`
`
`DOCUMENT
`
`DATE
`
`NAME
`
`U.S. PATENT DOCUMENTS
`
`m"‘efi
`EXAMINER
`INITIAL
`FILING DATF.
`
`APPLICATION NO.
`
`Pa-e2ol2
`III/BAG.235
`
`GROUP ART UNIT: 2645
`
`
`
`
`
`FOREIGN PATENT DOCUM ENTS
`
`EXAMINER
`INITIAL
`
`DOCUMENT
`
`NUMBER
`
`DATE
`
`NAME
`
`
`
`E
`
`A0
`
`OTHER (Including AuthorI Title, Date. Pertinent Pages. etc.)
`
`
`NUMBER fiiififififififififi.‘
`HH-
`
`
`TRANSLATION
`
`
`
`
`
`Yes
`No
`Yes
`No
`
`7.;C
`Yes
`No
`
`
`
`
`----_---No
`
`anI
`
`>
`
`AR
`
`
`
`
`
`
`
`
`“WaveLAN WLI l4l Single-Component 802.l lb Physical-Layer Solution", Agere Systems.
`
`October 2003, 2 pages.
`
`
`
`“FW8OZB Low-Power PHY IEEE® I394A-2000 Two-Cable Transceiver/Arbiter Device”,
`
`
`
`
`
`Agere Systems, July 2002, 4 pages.
`
`Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation ifnol in
`EXAMINER:
`conformance and not considered. Include copy of this form with next communication to Applicant.
`
`BLACKBERRY EX. 1002, page 11
`
`BLACKBERRY EX. 1002, page 11
`
`

`

`Notice of References Cited Examiner
`
`Application/Control No.
`
`10/846,236
`
`Tuan A. Tran
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`HEREDIA ET AL.
`Art Unit
`
`2682
`
`Page 1 °f 1
`
`
`
`Document Number
`CountryCode—Number—Kind Code
`
`Date
`MM-YYYY
`
`
`
`U U
`
`U
`
`S-2003I01 30014
`
`S-6,629.793
`
`A
`
`
`
`
`
`
`Rucinski, David B.
`
`Miller, Steve
`.
`
`07-2003
`
`10-2003
`
`
`
`
`
`FOREIGN PATENT DOCUMENTS
`
`CI
`
`.
`ifi
`ass Iltron
`
`455/566
`
`400/472
`
`
`
`
`
`
`
`
`
`
`
`
`Document Number
`Country Code-Number~Kind Code
`
`
`
`Date
`MM-YYYY
`
`COUMry
`
`Name
`
`Classrficatron
`
`—_———
`—-———
`—-——_
`—_———
`—__——
`
`—-_——
`NON-PATENT DOCUMENTS
`
`
`
`
`
`'A copy of this reierence 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.
`US. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20060804
`
`BLACKBERRY EX. 1002, page 12
`
`BLACKBERRY EX. 1002, page 12
`
`

`

`
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`MW
`
`In re patent application of:
`
`) MMB Docket No.: 1905-0001
`
`Inventors: Heredia et al.
`Application No.: 10/846,236
`Filed: May 14, 2004
`Title:
`Instant Messaging Terminal
`
`; Examiner: Tu‘an A. Tran
`; Group Art No.: 2618
`3 Confirmation No.: 2245
`;
`
`Adapted for Wl-Fl Access Points
`
`)
`
`
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal service with sufficient postage
`as first class mail in an envelope a'ddres‘se'd to: Mail Stop
`Amendment, Commissioner for Patents, PO. Box 1450,
`Alexandria, VA 22313-1450
`On
`
`
`November 3 2006
`.
`
`Date of Deposit
`
`David M.
`
`ckm‘an
`
`
`
`
`
`
`Signature of person mailing Document or Fee
`
`
`
`
`November 3 2006
`
`Date of Signature
`
`TO THE COMMISSIONER FOR PATENTS:
`
`Transmitted herewith is an Amendment in the above-identified patent
`application. The fee has been calculated as shown below.
`
`CLAIMS AS AMENDED
`
`Claims Remaining
`After Amendment
`
`Highest No.
`Paid For‘
`g
`
`Additional
`Fee
`Calculation Fee
`
`Total Claims
`
`Independent Claims
`
`42
`
`2
`
`41
`
`2
`
`Total Additional Fee Required
`
`1x 25
`
`$25.00
`
`0 X 200
`
`$0.00
`
`$25.00
`
`BLACKBERRY EX. 1002, page 13
`
`BLACKBERRY EX. 1002, page 13
`
`

`

`Commissioner for Trademarks
`November 3, 2006
`Page 2 of 2
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`* Please provide any extensions of time that may be necessary and charge
`any fees that may be due to Deposit Account No. 13-0014, but not to include
`any payment of issue fees.
`
`Respectfully submitted,
`
`M
`
`, MOORE & BECK LLP
`
`David M. Lo‘ekman
`
`Attorney fer Applicants
`Registration No. 34,214
`
`November 3, 2006
`
`Maginot, Moore & Beck LLP
`Chase Tower
`
`111 Monument Circle, Suite 3250
`Indianapolis, Indiana 46204-5115
`(317) 638—2922 telephone
`(317) 638-2139 facsimile
`
`BLACKBERRY EX. 1002, page 14
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`BLACKBERRY EX. 1002, page 14
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`

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`MMB Docket No.: 1905-0001
`
`Examiner: Tuan A. Tran
`
`) l 3
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`‘
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`L;
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`J
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`
`
`In re patent application of:
`
`Inventors: Heredia et al.
`
`Application No.: 10/846,236
`
`) Group Art No.: 2618
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`C
`
`onfirmation No.: 2245
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`l )
`
`) )
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`)
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`Filed: May 14, 2004
`
`Title:
`
`Instant Messaging Terminal
`Adapted for Wl-Fl Access Points
`
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service with
`sufficient postage as first class mail in an envelope
`addressed to: Mail Stop Amendment, Commissioner for
`Patents, PO. Box 1450, Alexandria, VA 22313-1450
`on
`
`
`November 3 2006
`Date of Deposit
`
`ignature of person m iling Document or Fee
`
`
`November 3 2006
`Date of Signature
`
`AMENDMENT
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`.
`
`In response to the Office Action of August 9, 2006, please amend the
`
`above-identified application as follows:
`
`A Complete Listing of the Claims begins on page 2 of this paper.
`
`Remarks begin on page 15 of this paper.
`
`11/08/2006 RHEBRAHT 00000058 10846236
`01 FC:2302
`25.00 DP
`
`BLACKBERRY EX. 1002, page 15
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`BLACKBERRY EX. 1002, page 15
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`

`

`Amendment
`November 3, 2006
`
`A complete listing of all claims in this application is set forth below.
`
`In the Claims
`
`Please amend claims 1-42 as set forth below.
`
`What is claimed is:
`
`(Currently Amended) 1. An instant messaging terminal comprising:
`
`a handheld terminal housing;
`
`a display mounted in the terminal housing having-a-Gapability for
`
`displaying textual characters and graphical symbols;
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`a data entry device integrated in [[a]] the terminal housing for the display,
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`the data entry device being—fer—entry—ef for generating textual characters and
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`graphical symbols;
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`a [[Wi-Fi]] wireless, Internet protocol communications module coupled to a
`
`wireless transceiver, both being within the housing, for communicating messages
`
`with a [DNi-Fi]] wireless, Internet protocol access point; and
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`a control module within the housing, the control module including at least
`
`one processor for executing an application program to implement instant
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`messaging and session protocols for at least one fer—eeerelinating—aethentieatien—
`
`
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`communicated by the wireless, Internet protocol communications module and
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`wireless transceiver through the [[Wi-Fi]] wireless, Internet protocol access point.
`
`BLACKBERRY EX. 1002, page 16
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`BLACKBERRY EX. 1002, page 16
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 2. The terminal of claim 1, the data entry device
`
`further comprising:
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`a plurality of keys for graphical symbols, each graphical symbol key
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`including that-iaslude indicia identifying the graphical symbol generated by
`
`depressing the key bearing the indicia.
`
`(Currently Amended) 3. The terminal of claim 2, the data entry device
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`further comprising:
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`at least one programmable key that—a—useILmay-asseeiate associated with
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`a set of characters corresponding to a graphical symbol supported by an instant
`
`messaging service provider.
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`(Currently Amended) 4. The terminal of claim 3, wherein the control
`
`module generafing—and—seadiag—the—eerreet generates, in accordance with an
`
`instant messaging protocol being used to communicate with a buddy, a character
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`sequence corresponding to transmit the graphical symbol in response to the
`
`depression of the programmable key being depressed.
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`(Currently Amended) 5. The terminal of claim 1 wherein the control
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`module w eemmemieateswith the communications module detect teeeter-miae-
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`whetheeany a beacons—have—beenAeteeted—in—the—area being received by the
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`wireless transceiver of the instant messaging terminal.
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`BLACKBERRY EX. 1002, page 17
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`BLACKBERRY EX. 1002, page 17
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 6. The terminal of claim [[4]] 5_ wherein the control
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`module prioritizes the detected beacons by strength of detected signal.
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`(Currently Amended) 7. The terminal of claim [[5]] Q wherein the control
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`module detects determines-whether—the a beacon [[is]] advertising its identifier.
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`(Currently Amended) 8. The terminal of claim [[6]] Z wherein the control
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`module detects determines—whether an access point reguest for requires a
`
`security key.
`
`(Currently Amended) 9. The terminal of claim [[7]] § wherein the control
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`module generates a prompt for a security key in response to the detection
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`determinatien that a security key is reguested required.
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`(Currently Amended) 10. The terminal of claim [[8]] 9 wherein the control
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`module stores a profile containing network settings for a network communicating
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`with the communications module and the wireless transceiver tewhieh—the
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`terminal-haseenneeted through an access point.
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`(Currently Amended) 11. The terminal of claim 1 wherein the control
`
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`module accesses at least one QF-FFlGFe instant messaging service provider[s]
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`through the access point.
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`BLACKBERRY EX. 1002, page 18
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`BLACKBERRY EX. 1002, page 18
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 12. The terminal of claim [[10]] flwherein the
`
`control module generates a buddy list identifying buddies coupled to each instant
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`messaging service accessed by the control module and displays the buddy list in
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`response to a buddy list key being depressed on the data entry device.
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`(Currently Amended) 13. The terminal of claim [[11]]1_2_wherein the
`
`generated buddy list displays the buddies with whom active conversations are
`
`being conducted as an active buddy list at—the—teeef—the—list and [[those]] displays
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`the buddies with whom no active conversations [[is]] are being conducted are
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`displayed following the active buddy list.
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`(Currently Amended) 14. The terminal of claim [[12]] fl wherein the
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`control module generates and displays a conversation session window for each
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`active buddy in the active buddy list.
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`(Currently Amended) 15. The terminal of claim [[13]]13 wherein gach__of
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`the conversation session windows generated by the control module windew
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`includes a header that identifies the m buddy with whom [[the]] a
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`conversation is being conducted, the number of [[the]] window_s_ being displayed,
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`and the total number of active conversations.
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`BLACKBERRY EX. 1002, page 19
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`BLACKBERRY EX. 1002, page 19
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`

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`Amendment
`November 3, 2006
`
`(Currently Amended) 16. The terminal of claim [[14]] 1_5 wherein the
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`control module parses characters entered [[by]] with the data entry device and
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`confirms the sequence—is entered characters are compatible with the instant
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`messaging service .
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`sent coupled to the communications module and wireless transceiver through the
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`access point.
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`(Currently Amended) 17. The terminal of claim 1 wherein the control
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`module includes an audio player for generating sound from a downloaded file.
`
`(Currently Amended) 18. The terminal of claim [[16]] fl wherein the
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`audio player of the control module downloads and stores audio files in [[the]] a
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`memory ef—the—terminal coupled to the processor within the terminal housing.
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`(Currently Amended) 19. The terminal of claim [[16]] 1_7_ wherein the
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`audio player of the control module generates sound from files received from an
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`Internet radio station through a [[Wi-Fi]] wireless, Internet protocol access point.
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`BLACKBERRY EX. 1002, page 20
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`BLACKBERRY EX. 1002, page 20
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 20. The terminal of claim 1 wherein the control
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`module, in response to a loss of operating-power a network connection, displays
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`conversation histories for [[the]] conversations that were active at—the—time—ef—the
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`eperatiag—pewer when the network connection was lost [[loss]]; and
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`automatically searches for [[Wi-Fi]] wireless, Internet protocol network
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`beacons upon all of the displayed conversation histories being displayed.
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`BLACKBERRY EX. 1002, page 21
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`BLACKBERRY EX. 1002, page 21
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`

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`Amendment
`November 3, 2006
`
`(Currently Amended) 21. A method for managing wireless network
`
`access and instant messaging through a wireless access point with a handheld
`
`instant messaging terminal comprising:
`
`l'
`
`l
`
`.
`
`I
`
`l
`
`I
`
`I
`
`I
`
`I
`
`.
`
`I
`
`I
`
`I
`
`;
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`entering textual characters and graphical symbols with a data entgy device
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`of a handheld terminal to form instant messages for delivery to an instant
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`messaging service;
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`displaying the entered textual characters and graphical symbols on a
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`display of the handheld terminal;
`
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`communicating instant messages with a [[Wi-Fi]] wireless Internet
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`protocol access point, the instant messages being communicated with a
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`communications module and wireless transceiver in the handheld terminal;
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`coordinating authentication for coupling the handheld instant messaging
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`terminal to a local network eerrespending—te MD the [[Wi-Fi]] wirelessl
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`Internet protocol access point;[[;]] and
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`implementing instant messaging and sessions protocols to control
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`sentrelliag a conversation session through the [[Wi-Fi]] wireless, Internet protocol
`
`access point, the instant messaging and session protocols being implemented
`
`within the handheld instant messaging terminal.
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`BLACKBERRY EX. 1002, page 22
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`BLACKBERRY EX. 1002, page 22
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 22. The method of claim [[20]] 21, the conversation
`
`session control further comprising:
`
`identifying a key on [[a]] th_e data entry device with a graphical symbol that
`
`is generated by depressing the key.
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`(Currently Amended) 23. The method of claim [[21]] 22, the conversation
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`session control further comprising:
`
`associating at least one programmable key with a set of characters
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`corresponding to a graphical symbol supported by an instant messaging service
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`provider.
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`(Currently Amended) 24. The method of claim [[22]] 23, the conversation
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`session control further comprising:
`
`generating and—sending—the—eerreet in accordance with an instant
`
`messaging service protocol being used to communicate with a buddy, a
`
`character sequence to transmit represent the graphical symbol supported by the
`
`instant messaging service provider in response to the depression of the
`
`programmable key.
`
`(Currently Amended) 25. The method of claim [[20]] 21, the conversation
`
`session control further comprising:
`
`determining—whether—any detecting a beacon[[s]] have-beenaeteetedwim .
`
`the—areaef m the handheld instant messaging terminal.
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`BLACKBERRY EX. 1002, page 23
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`BLACKBERRY EX. 1002, page 23
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 26. The method of claim [[23]] 25, the conversation
`
`session control further comprising:
`
`prioritizing [[the]] detected beacons by strength of detected signal.
`
`(Currently Amended) 27. The method of claim [[24]] 26, the conversation
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`session control further comprising:
`
`determining—whether—the detecting a beacon [[is]] advertising its identifier.
`
`(Currently Amended) 28. The method of claim [[25]] 27, the conversation
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`session control further comprising:
`
`determining—whether detecting an access point requires reguesting a
`
`security key.
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`(Currently Amended) 29. The method of claim [[26]] 28, the conversation
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`session control further comprising:
`
`generating a prompt for a security key in response to the-determination-
`
`that detection of a security key isrrequired reguest.
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`(Currently Amended) 30. The method of claim [[27]] 29, the conversation
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`session control further comprising:
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`storing a profile containing network settings for a network to which the
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`handheld instant messaging terminal has connected through an access point.
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`-10-
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`BLACKBERRY EX. 1002, page 24
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`BLACKBERRY EX. 1002, page 24
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`

`

`Amendment
`November 3, 2006
`
`(Currently Amended) 31. The method of claim [[20]] 21, the conversation
`
`session control further comprising:
`
`accessing at least one err-mere instant messaging service provider[[s]]
`
`through the access point.
`
`(Currently Amended) 32. The method of claim [[30]] 31, the conversation
`
`session control further comprising:
`
`generating a buddy list identifying buddies coupled to each instant
`
`messaging service accessed by the handheld instant messaging terminal
`
`controlling the conversation session eentrel—medule and displays displaying the
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`buddy list in response to a buddy list key being depressed on the data entry
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`device.
`
`(Currently Amended) 33. The method of claim [[31]] 2 wherein the
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`buddy list generation includes:
`
`displaying the buddies with whom active conversations are being
`
`conducted at—the—teeef—the—list as an active buddy list; and
`
`displaying [[those]] the