Application Serial No. 10/956,070
`Attorney Docket No. 10-531-US-P4 (235000)
`Page 10 of 11
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`REMARKS
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`Claims 2-8, 10, 14-20, 22, 27-33, 35, 40-42 and 49-59 were pending in this application
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`prior to the Final Office Action. Claims 40-42 are amended herein, and claims 52-54 are
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`canceled. Thus, claims 2-8, 10, 14-20, 22, 27-33, 35, 40-42, 49-51, and 55-59 remain pending in
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`this application.
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`Interview Summary
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`Applicants discussed the amendments presented herein with the Examiner on November
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`10, 2010. During this interview, the Examiner agreed to enter amendments after-final that
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`specified that the claimed meta-right (1) is enforceable by a repository and (2) allows one or
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`more users or devices to create new rights. Applicants have amended claims 40-42 in this
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`manner because of the Examiner’s indication that these amendments overcame the rejections
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`based on the prior art of record.
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`Applicants submit that this amendment presents no new matter and requires no filrther
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`search or consideration. Thus, Applicants submit that entry of this amendment would be proper
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`at this time. In addition, the amendments presented herein necessitated the cancellation of claims
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`52-54 to maintain clarity and consistency in view of the amendments made to claims 40-42.
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`The Examiner further indicated that this case would be in condition for allowance upon
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`entry of the above amendments and submission of a Terminal Disclaimer over US. Patent No.
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`7,774,279. Applicants will file a Terminal Disclaimer in this application upon an indication
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`from the Examiner that the amendments presented herein will be entered, and that this case is
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`otherwise in condition for immediate allowance. The Examiner is encouraged to contact the
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`undersigned directly regarding submission of a Terminal Disclaimer.
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`Rejections under 35 U.S.C. § 102
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`Claims 2-10, 14-22, 25, 27-35, and 40-54 stand rejected under 35 U.S.C. § 102(b) over
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`Downs (US. Patent No. 6,226,618). However, as discussed with the Examiner during the
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`interview, Downs fails to disclose, suggest, or render obvious the concept of meta-rights as set
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`forth in the claims as amended herein. Specifically, Downs fails to disclose meta-rights that (1)
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`US_ACT|VE-1 04921888.1 -MSKAUFMA
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`Petitioner Apple Inc. - Ex. 1059, p. 1
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`Petitioner Apple Inc. - Ex. 1059, p. 1
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`Application Serial No. 10/956,070
`Attorney Docket No. 10-531-US-P4 (235000)
`Page 11 of 11
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`are enforceable by a repository and (2) allow one or more users or devices to create new rights.
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`Accordingly, Applicants respectfully request reconsideration and withdrawal of the outstanding
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`rejections under 35 U.S.C. § 102 in view of Downs.
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`Conclusion
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`In view of the foregoing, Applicant respectfully submits that the present application
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`is in condition for allowance and notice to that effect is respectfully requested.
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`If,
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`however, the Examiner deems that any issue remains after considering this response, the
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`Examiner is invited to contact the undersigned attorney/agent to expedite the prosecution
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`and engage in a joint effort to work out a mutually satisfactory solution.
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`Except for issue fees payable under 37 C.F.R. § 1.18, the Commissioner is hereby
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`authorized by this paper to charge any additional fees during the entire pendency of this
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`application, including fees due under 37 C.F.R. § 1.16 and 1.17, which may be required,
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`including any required extension of time fees, or credit any overpayment, to Deposit Account
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`No. 50-1529. This paragraph is intended to be a CONSTRUCTIVE PETITION FOR
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`EXTENSION OF TIME in accordance with 37 C.F.R. § 1.136(a)(3).
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`Respectfully submitted,
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`/Stephen M. Hertzler= Reg. No. 58,247/
`Stephen M. Hertzler
`Reg. No. 58,247
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`Date: November 22, 2010
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`REED SMITH LLP
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`1301 K Street NW.
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`US_ACT|VE-1 04921888.1 -MSKAUFMA
`
`Petitioner Apple Inc. - Ex. 1059, p. 2
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`Petitioner Apple Inc. - Ex. 1059, p. 2
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