VWGoA - Ex. 1003
`Volkswagen Group of America, Inc., Petitioner
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`11/413,890
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`Examiner
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`ROTHSCHILD, LEIGH M.
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`Art Unit
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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 (6) 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.
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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).
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`Status
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`1)IXI Responsive to communication(s) filed on 12/07/2009.
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`2a)I:I This action is FINAL.
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`2b)IZI This action is non-final.
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`3)I: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 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZI Claim(s)fl is/are pending in the application.
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`4a) Of the above claim(s) 1-17,37is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)IXI Claim(s) 18-36,38-41 is/are rejected.
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`7)I:I Claim(s) _ is/are objected to.
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`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)IZ The drawing(s) filed on 28 April 2006 is/are: a)I:I accepted or b)IZI objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`4) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) |:| Information Disclosure Statement(s) (PTO/SB/08)
`5) I:I Notice of Informal Patent Application
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`Paper No(s)/Mai| Date
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`6) D Other:
`U.S. Patent and Trademark Office
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20100216
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`Application/Control Number: 1 l/4l3,890
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`Page 2
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`Art Unit: 3664
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`DETAILED ACTION
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`Response to Amendment
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`1.
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`2.
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`This office action is in response to the remark entered on December 7th, 2009.
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`Applicant’s election with traverse of species I, the embodiment represented by Figure 3;
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`Claims 18 — 36 and 38 - 41 in the reply filed on December 7th, 2009 is acknowledged.
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`Drawings
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`3.
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`The drawings are objected to under 37 CFR l.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the associated information is a name
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`of person residing at address, a cross street of the address. .
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`. .or an alternative spelling of the
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`address must be shown or the feature(s) canceled from the claim(s). No new matter should be
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`entered.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`Application/Control Number: 1 l/4l3,890
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`Page 3
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`Art Unit: 3664
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR l.l2l(d). If the changes are not accepted by the examiner, the applicant will
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Claim Rejections - 35 USC § 1 02
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless ,
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`(a) the invention was known or used by others in this country, or patented or described in a printed publication in this
`or a foreign country, before the invention thereof by the applicant for a patent.
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`5.
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`Claims are rejected under 35 USC. 102(a) as being anticipated by Ishibashi et al (US
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`Pat Pub 2004/02284849 ).
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`As for claim 18, 25, Ishibashi et al shows a positional information device comprising: a
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`locational information module for determining location information of the device ( See Figure 2,
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`l4, Present Position Detecting Processor 15, Input unit 34 ); a communication module for
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`transmitting a request for at least one location remote of the device and for receiving coordinates
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`of the at least one location ( See Figure 2, Input Unit 34, Communication Unit 38 ); a processing
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`module configured to receive the coordinates from the communication module and determine
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`route guidance based on the location of the device and the received coordinates; and a display
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`module for displaying the route guidance ( See Figure 2, Navigation Processor 17 receive
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`information from input unit 34, Present Position Detecting Processor 15 and Communication
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`Application/Control Number: 1 l/4l3,890
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`Page 4
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`Art Unit: 3664
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`Unit 15 ); a system for entering location information into a positional information device ( Para
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`0038 ), the system comprising: a server configured to receive a request for at least one location (
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`Para 0041 ), determine coordinates of the least one requested location and to transmit the
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`determined coordinates to the device ( Para 0040-0045 ); the positional information device
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`including a Iocational information module for determining location information of the device (
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`See Fig 2);
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`As for claim 19, Ishibashi et al shows further comprising a storage module for Storing the
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`received coordinates ( See Figure 2, RAM 32, ROM33, Recorded Data unit 16 ).
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`As for claim 20, 26, Ishibashi et al shows the communication module is configured to
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`transmit an identifier of the device with the request ( See Figure 1, Step 1; Figure 5, ID 64(bit) ).
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`As for claim 22, 23, Ishibashi et al shows the communication module is configured to
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`transmit the request by voice communications ( Para 0045 ) and the communication module is
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`configured to transmit the request by wireless data transfer ( Para 0040 ).
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`As for claim 24,35, Ishibashi et al shows the communication module is configured to
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`transmit a time and date associated with the requested at least one location and to receive the
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`associated time and date with the coordinates (Fig 5, Date 9 bit, Time 17 bit, Longitude 19 bit,
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`Latitude 19 bit) and wherein the processing module is configured to display on the display
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`module the coordinates at the associated time and date ( Fig 5, Date 9 bit, Time 17 bit, Longitude
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`19 bit, Latitude 19 bit); the server receives a time and date associated with the requested at least
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`one location and transmits the associated time and date with the determined coordinates to the
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`device and the device displays the determined coordinates at the associated time and date (Fig 5,
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`Date 9 bit, Time 17 bit, Longitude 19 bit, Latitude 19 bit).
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`As for claim 36, 38,39 Ishibashi et al shows the server retrieves the coordinates from a
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`database residing on the server ( Para 0040-0044 ) and the server resolves an address of the at
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`least one location into latitude and longitude coordinates (Fig 5, Date 9 bit, Time 17 bit,
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`Longitude 19 bit, Latitude 19 bit) and the address is determined by information associated to the
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`address (Fig 5, Date 9 bit, Time 17 bit, Longitude 19 bit, Latitude 19 bit).
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`As for claim 29 - 31 Ishibashi et al shows the request is received from the device and a
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`remote computer ( Para 0026,27 ) and the remote computer transmits a first identifier with the
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`request to the server ( Para 0026, 0027)
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`As for claim 41, Ishibashi et al shows the server is operated by a live operator and the
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`request for the at least one location is received by voice communications ( Para 0045, 0059).
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`Claim Rejections - 35 USC § 1 03
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`6.
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`The following is a quotation of 35 USC. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`Application/Control Number: 1 1/413,890
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`Page 6
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`Art Unit: 3664
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`7.
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`Claim 21, 27, 33 and 34 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Ishibashi et al (US Pat Pub 2004/02284849 ) in view of Knockeart et al (US Pat Pub
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`2004/0064245) .
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`As for claim 21,27, 33 and 34, Ishibashi et al is silent regarding the identifier is a mobile
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`phone number or an IP address. Knockeart et al shows the identifier is a mobile phone number or
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`an IP address ( Para 0086, 0123-0127 ) and the first identifier is an intemet cookie ( Para 0086,
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`0123-0127 ); the server is configured to determine a second identifier for the device based on the
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`received first identifier of the remote computer and the second identifier is a mobile phone or IP
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`address (Para 0086, 0123-0127 ). It would have been obvious for one of ordinary skill in the art,
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`to provide a mobile number or IP address of Cossin et al, to the wireless mobile network of
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`Ishibashi et al, in order to provide an input/output wireless address for Ishibashi et al.
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`As for claim 40, Ishibashi et al is silent regarding the associated information is a name of
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`a person residing at the address, a cross street of the address, a zip code of the address, a phone
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`number of the address or an alternative spelling of the address; Knockeart et al shows the
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`associated information is a name of a person residing at the address, a cross street of the address,
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`a zip code of the address, a phone number of the address or an alternative spelling of the address
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`( Para 0150- 0165 ). It would have been obvious for one of ordinary skill in the art to provide
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`associated information, as taught by Knocekert et al, to Ishibashi et al, in order to provide
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`particular and convenient use of the navigation device of Ishibashi et al.
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`Application/Control Number: 1 l/4l3,890
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`I
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`Inoue ( US Pat Pub 2006/0041374 ) mobile communication network for navigational purpose
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`utilizing server using mobile device
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`I Kim ( US Pat Pub 2007/01430151 ) mobile communication network for navigational purpose
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`utilizing server; GPS
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`I Benco et al ( US Pat Pub 2006/0240860 ) mobile communication network for navigational
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`purpose utilizing server using mobile device
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`I Kondou et al (US Pat Pub 2002/0156578 )
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`I Cossin et al (2005/0004944)
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`I Beesley et al (US Pat Pub 2004/0049338 )
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Ian Jen whose telephone number is 571-270-3274. The examiner
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`can normally be reached on Monday - Friday 8:00-5:00 (EST).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Khoi Tran can be reached on 571-272-6919. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application does be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`does be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto. gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/Ian Jen/
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`Examiner, Art Unit 3664
`/KHOI TRAN/
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`Supervisory Patent Examiner, Art Unit 3664
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