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Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 2
`
`STATEMENT OF REASONS FOR PATENTABILITY AND/OR
`
`CONFIRMATION
`
`The Affidavit filed on 12112/2012 under 37 CPR 1.131 has been considered by the
`
`Examiner and is sufficient to overcome the Tso reference.
`
`The following is an examiner's statement of reasons for patentability and/or
`
`confirmation of the claims found patentable in this reexamination proceeding:
`
`The Prior art utilized in the rejection of the claims, Tso and May, and the Prior art
`
`not utilized in rejecting the ordered claims but brought in by the Order Granting Reexam,
`
`Wolff and "Wireless Data handbook", do not teach the claim invention or have been
`
`overcome by the Affidavit submitted 12112/2012.
`
`As was previously argued by the Examiner, the priority date of the '914 Patent
`
`was determined to be March 29, 1996 since the provisional application '651 did not show
`
`an information gateway that has said data transmitted to it "for building data blocks and
`
`assigning addresses to said data blocks; and transmitting said data blocks from said
`
`information gateway to a transmission gateway for preparing said data block for
`
`transmission to receivers." In the Affidavit submitted 12112/2012, the Patent Owner
`
`discusses several exhibits to show the possession of the claimed invention as of the '651
`
`provisional date. Specifically, the Patent Owner shows the specific source code that
`
`executes the claim limitation of, "transmitting said data to an information gateway for
`
`building data blocks and assigning addresses to said data blocks; and transmitting said
`
`data blocks from said information gateway to a transmission gateway for preparing said
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 3
`
`data block for transmission to receivers," and with an explanation as to what parts of the
`
`code are the information gateway that perform the functions of building data blocks and
`
`assigning addresses and which parts of the code transmit data to and from the information
`
`gateway as will be discussed below. As seen in page 6 of the Affidavit dated 12112/2012,
`
`hereinafter "the Affidavit", Patent Owner shows that the "SendDaemon" function and
`
`"Update manager" component of the system performs the function of transmitting said
`
`data to an information gateway. Patent Owner further states that the "information
`
`gateway for building data blocks and assigning addresses to said data blocks" was
`
`implemented in the "LeakManager" component of the system, (e.g., the Affidavit, page
`
`7. ). The "SendLeaks" function of the "LeakManager" was used to send the addressed data
`
`blocks to the next component in the system, the wireless gateway, i.e., the "transmission
`
`gateway", See figure Patent Owner has supplied in the Affidavit on page 7 and cited
`
`below.
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 4
`
`\m ffl.f~m~tkm $<~1~W~'!' b~
`h~iUl~~t1 ~$~t<l t)k>i~k~ <tMl ~:~:Hfrt!hg:
`
`......................
`
`.......................
`
`.. ............................. ·
`
`.................
`
`.................
`
`. ...............
`
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`
`pn~:~:S:f~~-~- -~~k~ d.;~~~~ ~~~~x:k~ ~~w
`~,~~n~F"::::t~$:io~'i t.:..~ (~t~~ .. i~·::·::;·'·
`
`As seen in pages 9 - 17 of the Affidavit, the Patent Owner explains how these parts of the
`
`code perform the functions of the information gateway and the correlation between the
`
`names in the code and the claim language which is stated in detail. Patent Owner does
`
`show possession of their invention as of at least the '651 Provisional. Tso does not beat
`
`the date of the '651 Provisional and therefore Tso is not valid prior art for a rejection
`
`under 102(e) or 103(a).
`
`May is only used for a small section of the claim and does not teach the
`
`limitations of, "transmitting said data to an information gateway for building data blocks
`
`and assigning addresses to said data blocks; and transmitting said data blocks from said
`
`information gateway to a transmission gateway for preparing said data block for
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 5
`
`transmission to receivers," and "parsing said data with parsers corresponding to said
`
`central broadcast server". May teaches a paging accessory that is connected to a portable
`
`device. The paging accessory is utilized as an intermediary between a paging network
`
`and the portable device that receives paging information from a source, (e.g., May, col. 1,
`
`lines 51-58, "In accordance with the invention, a paging accessory for a portable
`
`computing device includes a receiver for receiving a page signal and a base for mounting
`
`and interconnecting the receiver and other components of the paging accessory. The base
`
`includes connectors for connecting the accessory to a portable computing device, such as
`
`a calculator, to transmit signals between the paging accessory and device"). The paging
`
`signal can be communicated to the portable computing device where it can be stored or
`
`displayed, (e.g., May, col. 1, lines 59-63, "In one embodiment, the accessory may also
`
`include a control means for decoding a received page signal. The accessory control
`
`means is programmed to communicate the page signal to the control means of the
`
`portable computing device for storage or display by the device"). May teaches that the
`
`paging accessory can provide an audible alert to a user if a page message is received, and,
`
`if the portable computing device is off, the pager can alert the computing device to power
`
`up, (e.g., May, col. 2, lines 3-21, "Another feature of the paging accessory is an ability to
`
`alert the user when a page signal is received. The paging accessory may include audio
`
`means for signaling the reception of a page signal while the accessory is disconnected
`
`from the portable computing device. If the paging accessory is connected, however, and
`
`the computing device is off, the control means may be programmed to alert the portable
`
`computing device to power up when a page signal is received by the accessory so that the
`
`computing device can receive the page message within the signal." This teaching was
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 6
`
`utilized to teach the last limitation of independent claim 1.). Thus, May only pertinent
`
`teachings are with regard to the last limitation of independent claim 1 and does not
`
`disclose teachings that are similar to, "transmitting said data to an information gateway
`
`for building data blocks and assigning addresses to said data blocks; and transmitting said
`
`data blocks from said information gateway to a transmission gateway for preparing said
`
`data block for transmission to receivers," and "parsing said data with parsers
`
`corresponding to said central broadcast server".
`
`It should be noted, before discussing Wolff and the Wireless Data Handbook, the
`
`claim limitation, "preprocessing said data at said central broadcast server, further
`
`comprising the step of:", is singular and only has one preprocessing step, i.e., "the step
`
`of" and not step§.. Therefore, the only step that is part of the preprocessing is what
`
`follows, "parsing said data with parsers corresponding to said central broadcast server".
`
`All other subsequent limitations after "parsing" are not part of the preprocessing step.
`
`Wolff describes alerting a called party of an incoming telephone call by sending a
`
`message with the calling party's name and number to a radio modem attached to the
`
`called party's palm-top personal computer 18 over a radio network 16. Wolff describes
`
`that an incoming call from a telephone 22 is received by a personal telephone manager
`
`(PTM) 12 which runs on a computer platform 14. The claimed "information source"
`
`corresponds to telephone 22, the "data" corresponds to information from the telephone
`
`call from telephone 22, and the "central broadcast server" corresponds to the personal
`
`telephone manager (PTM) 12 which runs on a computer platform 14, shown in Figure 1.
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 7
`
`Wolff describes: "Upon receiving an incoming call at block 24, the PTM 12 reads and
`
`decodes automatic number identification information at clock 26 and consults the end
`
`user's personal data base to translate the calling number information into the name of the
`
`caller," (e.g., Wolff, 9 col. 3, lines 51-53). Wolff does not teach a parser in this or other
`
`sections of their specification. It is clear that Wolff's PTM merely reads and decodes
`
`which does not need parsing since it is not mentioned. Therefore, Wolff does not disclose
`
`the limitation of "parsing said data with parsers corresponding to said central broadcast
`
`server".
`
`Wolff describes assigning addresses to data packets in the PTM 12 and preparing the data
`
`packet for transmission to receivers in the RAM gateway as follows:
`
`"The PTM 12 delivers the caller's name and number to the end user's palm-top
`
`computer 18 via the radio network 16 and the Ericsson Mobidem by broadcasting
`
`or transmitting this message as indicated at block 32. In particular, software in the
`
`PTM 12 constructs a data packet containing information about the caller and the
`
`RAM network address of the end user. This packet is sent to the RAM gateway
`
`using Internet IP addressing and UDP protocol. The RAM gateway receives the
`
`packet from the PTM 12, translates the end user RAM network address to a
`
`physical address in the radio network 16, and routes the message packet to the
`
`appropriate radio node. The packet is then transmitted via the wireless link
`
`protocol and, as indicated at block 34 in FIG. 3, is received by the Ericcson-GE
`
`Mobidem, which in turn, alerts the palm-top computer 18 of the arrival of a
`
`packet at block 36." (Wolff, col. 4, lines 7-20).
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 8
`
`The software in the PTM 12 corresponds to an "information gateway for building data
`
`blocks and assigning addresses to data block" and the RAM gateway corresponds to a
`
`"transmission gateway for preparing said data blocks for transmission to receivers", as
`
`previously stated by the Third Party Requester. There is no disclosure of "transmitting
`
`said data to an information gateway", but does appear to teach transmitting from a PMT
`
`to a transmission gateway which may be interpreted in light of the limitation,
`
`"transmitting said data blocks from said information gateway to a transmission gateway
`
`for preparing said data block for transmission to receivers".
`
`Regardless, Wolff, alone or in combination of the previously mentioned prior art, does
`
`not teach or alleviate the deficiencies of the other mentioned prior art in the Ordered
`
`Reexam, i.e., "transmitting said data to an information gateway for building data blocks
`
`and assigning addresses to said data blocks" and "parsing said data with parsers
`
`corresponding to said central broadcast server".
`
`The Wireless Data Handbook, hereinafter "WDH", discloses the "RadioMail"
`
`system and provides details of wireless communication networks (RAM and ARDIS) and
`
`receiver devices (e.g., Mobidem and InfoTAC radio modems) used with RadioMail.
`
`RadioMail was a wireless messaging service for e-mail and information. Data, such as e-
`
`mail and news, from various sources was transmitted to the RadioMail gateway,
`
`processed, and transmitted wirelessly to a pager or a radio modem attached to a computer
`
`as described in Wireless Data Handbook, (e.g., WDH, pages 280-281).
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 9
`
`"Let us focus on one gateway that is operational, and that permits wireless e-mail
`
`to be sent to paging systems and to be sent/received from either RAM or ARDIS:
`
`Radio Mail.
`
`Usually pictured with scores of lines entering its "cloud" from AT&T Easy link,
`
`CompuServe, MCI Mail, and others, RadioMail often uses the "network of
`
`networks," Internet for its connections and transport. Similarly, it uses a single
`
`feed from Comtex to obtain multiple news services, weather and financial data for
`
`its AgentSee/NewsFactory offering, and National Dispatch Center to connect with
`
`220 one-way (paging) services. But the number and types of connections are so
`
`rich that they must be grouped in some logical manner as shown in Figure 15-6."
`
`rm•tc::
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`.,.
`·«:Mail
`
`~ ..
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`UNIX basoed;
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`ful$!!!:d•1
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 10
`
`Mobidem and InfoTAC, shown at the right in Figure 15-6, were packet-switched radio
`
`modems attached to a computer as described in Wireless Data Handbook, (e.g., WDH,
`
`pages 243-250 and Figure 15-7 page 284.) With respect to claim 1, the RadioMail
`
`gateway corresponds to a "central broadcast server," an "information source" is one of the
`
`blocks with an arrow towards the gateway, and "selected remote devices" correspond to
`
`pagers and computers with attached pagers or radio modems. As indicated in Figure 15-6,
`
`the RadioMail gateway "parses" the received messages by stripping extra characters, and
`
`selects the header, the header and text, or text only from the message. As further seen, the
`
`RadioMail Gateway can forward the information to a RAM switch or an ARDIS switch
`
`for transmission to other devices. This could be interpreted as the "transmission gateway"
`
`as seen in the claim. However, there is no indication of an "information gateway" and
`
`transmitting to and from said "information gateway" as claimed. Furthermore, it is not
`
`clear, in WDH's Figure 15-6, what is meant by the text in the RadioMail Gateway that
`
`states "selects: header, hdr & txt, text only", i.e., is this step part of the stripping extra
`
`characters, i.e., "parsing", by "selecting" what to strip, i.e., selecting the header, hdr & txt
`
`or text only to strip away from the message, OR is part of applying one of the three
`
`options. Therefore, the information gateway, the step of addressing and transmitting to
`
`and from an information gateway are not present in WDH.
`
`The references of Tso, Wolff, WDH and may alone or in combination with each
`
`other would not teach or make obvious the claimed invention as stated in the '914 Patent
`
`for the reasons stated above.
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Page 11
`
`Any comments considered necessary by PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by
`
`the patent owner should be labeled: "Comments on Statement of Reasons for
`
`Patentability and/or Confirmation" and will be placed in the reexamination file.
`
`Service of Papers
`
`All correspondence related to this ExParte reexamination proceeding should be
`
`directed:
`
`ByEFS:
`
`Registered users may submit via the electronic filing system EFS-Web, at
`
`https:// efs. uspto. gov I efile/m yportal/ efs--registered
`
`By Mail to: Mail Stop Ex Parte Reexam
`
`Central Reexamination Unit
`
`Commissioner for Patents
`
`United States Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`
`Randolph Building
`
`401 Dulany Street
`
`

`
`Application/Control Number: 90/009,906
`Art Unit: 3992
`
`Alexandria, VA 22314
`
`Page 12
`
`Telephone numbers for reexamination inquiries:
`
`Reexamination and Amendment practice: (571) 272-7703
`
`Central Reexamination Unit (CRU): (571) 272-7705
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner, or as to the status of this proceeding, should be directed to the Central
`
`Reexamination Unit at telephone number (571) 272-7705.
`
`/David E. England/
`Primary Examiner, Art Unit 3992
`
`Conferees:
`
`/r.g.f./
`
`/Daniel J Ryman/
`Supervisory Patent Examiner, Art Unit 3992

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