`Art Unit: 3992
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`Page 2
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`STATEMENT OF REASONS FOR PATENTABILITY AND/OR
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`CONFIRMATION
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`The Affidavit filed on 12112/2012 under 37 CPR 1.131 has been considered by the
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`Examiner and is sufficient to overcome the Tso reference.
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`The following is an examiner's statement of reasons for patentability and/or
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`confirmation of the claims found patentable in this reexamination proceeding:
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`The Prior art utilized in the rejection of the claims, Tso and May, and the Prior art
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`not utilized in rejecting the ordered claims but brought in by the Order Granting Reexam,
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`Wolff and "Wireless Data handbook", do not teach the claim invention or have been
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`overcome by the Affidavit submitted 12112/2012.
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`As was previously argued by the Examiner, the priority date of the '914 Patent
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`was determined to be March 29, 1996 since the provisional application '651 did not show
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`an information gateway that has said data transmitted to it "for building data blocks and
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`assigning addresses to said data blocks; and transmitting said data blocks from said
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`information gateway to a transmission gateway for preparing said data block for
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`transmission to receivers." In the Affidavit submitted 12112/2012, the Patent Owner
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`discusses several exhibits to show the possession of the claimed invention as of the '651
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`provisional date. Specifically, the Patent Owner shows the specific source code that
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`executes the claim limitation of, "transmitting said data to an information gateway for
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`building data blocks and assigning addresses to said data blocks; and transmitting said
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`data blocks from said information gateway to a transmission gateway for preparing said
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 3
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`data block for transmission to receivers," and with an explanation as to what parts of the
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`code are the information gateway that perform the functions of building data blocks and
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`assigning addresses and which parts of the code transmit data to and from the information
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`gateway as will be discussed below. As seen in page 6 of the Affidavit dated 12112/2012,
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`hereinafter "the Affidavit", Patent Owner shows that the "SendDaemon" function and
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`"Update manager" component of the system performs the function of transmitting said
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`data to an information gateway. Patent Owner further states that the "information
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`gateway for building data blocks and assigning addresses to said data blocks" was
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`implemented in the "LeakManager" component of the system, (e.g., the Affidavit, page
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`7. ). The "SendLeaks" function of the "LeakManager" was used to send the addressed data
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`blocks to the next component in the system, the wireless gateway, i.e., the "transmission
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`gateway", See figure Patent Owner has supplied in the Affidavit on page 7 and cited
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`below.
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 4
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`As seen in pages 9 - 17 of the Affidavit, the Patent Owner explains how these parts of the
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`code perform the functions of the information gateway and the correlation between the
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`names in the code and the claim language which is stated in detail. Patent Owner does
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`show possession of their invention as of at least the '651 Provisional. Tso does not beat
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`the date of the '651 Provisional and therefore Tso is not valid prior art for a rejection
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`under 102(e) or 103(a).
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`May is only used for a small section of the claim and does not teach the
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`limitations of, "transmitting said data to an information gateway for building data blocks
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`and assigning addresses to said data blocks; and transmitting said data blocks from said
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`information gateway to a transmission gateway for preparing said data block for
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 5
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`transmission to receivers," and "parsing said data with parsers corresponding to said
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`central broadcast server". May teaches a paging accessory that is connected to a portable
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`device. The paging accessory is utilized as an intermediary between a paging network
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`and the portable device that receives paging information from a source, (e.g., May, col. 1,
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`lines 51-58, "In accordance with the invention, a paging accessory for a portable
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`computing device includes a receiver for receiving a page signal and a base for mounting
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`and interconnecting the receiver and other components of the paging accessory. The base
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`includes connectors for connecting the accessory to a portable computing device, such as
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`a calculator, to transmit signals between the paging accessory and device"). The paging
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`signal can be communicated to the portable computing device where it can be stored or
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`displayed, (e.g., May, col. 1, lines 59-63, "In one embodiment, the accessory may also
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`include a control means for decoding a received page signal. The accessory control
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`means is programmed to communicate the page signal to the control means of the
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`portable computing device for storage or display by the device"). May teaches that the
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`paging accessory can provide an audible alert to a user if a page message is received, and,
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`if the portable computing device is off, the pager can alert the computing device to power
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`up, (e.g., May, col. 2, lines 3-21, "Another feature of the paging accessory is an ability to
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`alert the user when a page signal is received. The paging accessory may include audio
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`means for signaling the reception of a page signal while the accessory is disconnected
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`from the portable computing device. If the paging accessory is connected, however, and
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`the computing device is off, the control means may be programmed to alert the portable
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`computing device to power up when a page signal is received by the accessory so that the
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`computing device can receive the page message within the signal." This teaching was
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 6
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`utilized to teach the last limitation of independent claim 1.). Thus, May only pertinent
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`teachings are with regard to the last limitation of independent claim 1 and does not
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`disclose teachings that are similar to, "transmitting said data to an information gateway
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`for building data blocks and assigning addresses to said data blocks; and transmitting said
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`data blocks from said information gateway to a transmission gateway for preparing said
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`data block for transmission to receivers," and "parsing said data with parsers
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`corresponding to said central broadcast server".
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`It should be noted, before discussing Wolff and the Wireless Data Handbook, the
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`claim limitation, "preprocessing said data at said central broadcast server, further
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`comprising the step of:", is singular and only has one preprocessing step, i.e., "the step
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`of" and not step§.. Therefore, the only step that is part of the preprocessing is what
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`follows, "parsing said data with parsers corresponding to said central broadcast server".
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`All other subsequent limitations after "parsing" are not part of the preprocessing step.
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`Wolff describes alerting a called party of an incoming telephone call by sending a
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`message with the calling party's name and number to a radio modem attached to the
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`called party's palm-top personal computer 18 over a radio network 16. Wolff describes
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`that an incoming call from a telephone 22 is received by a personal telephone manager
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`(PTM) 12 which runs on a computer platform 14. The claimed "information source"
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`corresponds to telephone 22, the "data" corresponds to information from the telephone
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`call from telephone 22, and the "central broadcast server" corresponds to the personal
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`telephone manager (PTM) 12 which runs on a computer platform 14, shown in Figure 1.
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 7
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`Wolff describes: "Upon receiving an incoming call at block 24, the PTM 12 reads and
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`decodes automatic number identification information at clock 26 and consults the end
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`user's personal data base to translate the calling number information into the name of the
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`caller," (e.g., Wolff, 9 col. 3, lines 51-53). Wolff does not teach a parser in this or other
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`sections of their specification. It is clear that Wolff's PTM merely reads and decodes
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`which does not need parsing since it is not mentioned. Therefore, Wolff does not disclose
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`the limitation of "parsing said data with parsers corresponding to said central broadcast
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`server".
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`Wolff describes assigning addresses to data packets in the PTM 12 and preparing the data
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`packet for transmission to receivers in the RAM gateway as follows:
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`"The PTM 12 delivers the caller's name and number to the end user's palm-top
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`computer 18 via the radio network 16 and the Ericsson Mobidem by broadcasting
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`or transmitting this message as indicated at block 32. In particular, software in the
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`PTM 12 constructs a data packet containing information about the caller and the
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`RAM network address of the end user. This packet is sent to the RAM gateway
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`using Internet IP addressing and UDP protocol. The RAM gateway receives the
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`packet from the PTM 12, translates the end user RAM network address to a
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`physical address in the radio network 16, and routes the message packet to the
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`appropriate radio node. The packet is then transmitted via the wireless link
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`protocol and, as indicated at block 34 in FIG. 3, is received by the Ericcson-GE
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`Mobidem, which in turn, alerts the palm-top computer 18 of the arrival of a
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`packet at block 36." (Wolff, col. 4, lines 7-20).
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`
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 8
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`The software in the PTM 12 corresponds to an "information gateway for building data
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`blocks and assigning addresses to data block" and the RAM gateway corresponds to a
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`"transmission gateway for preparing said data blocks for transmission to receivers", as
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`previously stated by the Third Party Requester. There is no disclosure of "transmitting
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`said data to an information gateway", but does appear to teach transmitting from a PMT
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`to a transmission gateway which may be interpreted in light of the limitation,
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`"transmitting said data blocks from said information gateway to a transmission gateway
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`for preparing said data block for transmission to receivers".
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`Regardless, Wolff, alone or in combination of the previously mentioned prior art, does
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`not teach or alleviate the deficiencies of the other mentioned prior art in the Ordered
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`Reexam, i.e., "transmitting said data to an information gateway for building data blocks
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`and assigning addresses to said data blocks" and "parsing said data with parsers
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`corresponding to said central broadcast server".
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`The Wireless Data Handbook, hereinafter "WDH", discloses the "RadioMail"
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`system and provides details of wireless communication networks (RAM and ARDIS) and
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`receiver devices (e.g., Mobidem and InfoTAC radio modems) used with RadioMail.
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`RadioMail was a wireless messaging service for e-mail and information. Data, such as e-
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`mail and news, from various sources was transmitted to the RadioMail gateway,
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`processed, and transmitted wirelessly to a pager or a radio modem attached to a computer
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`as described in Wireless Data Handbook, (e.g., WDH, pages 280-281).
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`
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 9
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`"Let us focus on one gateway that is operational, and that permits wireless e-mail
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`to be sent to paging systems and to be sent/received from either RAM or ARDIS:
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`Radio Mail.
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`Usually pictured with scores of lines entering its "cloud" from AT&T Easy link,
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`CompuServe, MCI Mail, and others, RadioMail often uses the "network of
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`networks," Internet for its connections and transport. Similarly, it uses a single
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`feed from Comtex to obtain multiple news services, weather and financial data for
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`its AgentSee/NewsFactory offering, and National Dispatch Center to connect with
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`220 one-way (paging) services. But the number and types of connections are so
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`rich that they must be grouped in some logical manner as shown in Figure 15-6."
`
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`
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 10
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`Mobidem and InfoTAC, shown at the right in Figure 15-6, were packet-switched radio
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`modems attached to a computer as described in Wireless Data Handbook, (e.g., WDH,
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`pages 243-250 and Figure 15-7 page 284.) With respect to claim 1, the RadioMail
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`gateway corresponds to a "central broadcast server," an "information source" is one of the
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`blocks with an arrow towards the gateway, and "selected remote devices" correspond to
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`pagers and computers with attached pagers or radio modems. As indicated in Figure 15-6,
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`the RadioMail gateway "parses" the received messages by stripping extra characters, and
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`selects the header, the header and text, or text only from the message. As further seen, the
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`RadioMail Gateway can forward the information to a RAM switch or an ARDIS switch
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`for transmission to other devices. This could be interpreted as the "transmission gateway"
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`as seen in the claim. However, there is no indication of an "information gateway" and
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`transmitting to and from said "information gateway" as claimed. Furthermore, it is not
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`clear, in WDH's Figure 15-6, what is meant by the text in the RadioMail Gateway that
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`states "selects: header, hdr & txt, text only", i.e., is this step part of the stripping extra
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`characters, i.e., "parsing", by "selecting" what to strip, i.e., selecting the header, hdr & txt
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`or text only to strip away from the message, OR is part of applying one of the three
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`options. Therefore, the information gateway, the step of addressing and transmitting to
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`and from an information gateway are not present in WDH.
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`The references of Tso, Wolff, WDH and may alone or in combination with each
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`other would not teach or make obvious the claimed invention as stated in the '914 Patent
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`for the reasons stated above.
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`
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Page 11
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`Any comments considered necessary by PATENT OWNER regarding the above
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`statement must be submitted promptly to avoid processing delays. Such submission by
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`the patent owner should be labeled: "Comments on Statement of Reasons for
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`Patentability and/or Confirmation" and will be placed in the reexamination file.
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`Service of Papers
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`All correspondence related to this ExParte reexamination proceeding should be
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`directed:
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`ByEFS:
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`Registered users may submit via the electronic filing system EFS-Web, at
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`https:// efs. uspto. gov I efile/m yportal/ efs--registered
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`By Mail to: Mail Stop Ex Parte Reexam
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`Central Reexamination Unit
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`Commissioner for Patents
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`United States Patent & Trademark Office
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`By FAX to:
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`(571) 273-9900
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`Central Reexamination Unit
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`By hand:
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`Customer Service Window
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`Randolph Building
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`401 Dulany Street
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`
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`Application/Control Number: 90/009,906
`Art Unit: 3992
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`Alexandria, VA 22314
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`Page 12
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`Telephone numbers for reexamination inquiries:
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`Reexamination and Amendment practice: (571) 272-7703
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`Central Reexamination Unit (CRU): (571) 272-7705
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`Any inquiry concerning this communication or earlier communications from the
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`examiner, or as to the status of this proceeding, should be directed to the Central
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`Reexamination Unit at telephone number (571) 272-7705.
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`/David E. England/
`Primary Examiner, Art Unit 3992
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`Conferees:
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`/r.g.f./
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`/Daniel J Ryman/
`Supervisory Patent Examiner, Art Unit 3992