VWGoA - Ex. 1015
`Volkswagen Group of America, Inc., Petitioner
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`record at the address provided below:
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`Clifford A. Ulrich, Esq.
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`KENYON & KENYON LLP
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`One Broadway
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`New York, NY l0004.
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`Date: May l5, 2015
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`Raymond A. Joao, Esq.
`122 Bellevue Place
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`Yonkers, New York 10703
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`Tel. (914) 969-2992
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`Respectfully Submitted,
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`/Raymond A. Joao/
`Raymond A. Joao
`Reg. No. 35,907
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`REEXAM-6542076
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In Re Reexamination of: PATENT OF RAYMOND A. JOAO
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`Patent No.: 6,542,076
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`For: CONTROL, MONITORING AND/OR SECURITY APPARATUS AND METHOD
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`Control No.: 90/013,302
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`Issue Date: APRIL 1, 2003
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`Examiner: KARIN REICHLE
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`Group Art Unit: 3992
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`Conf1rrnationNo.: 2538
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`Mail Stop Ex Parte Reexam
`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 223 l3-1450
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`SUPPLEMENTAL RESPONSE TO OFFICE ACTION
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`Sir:
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`This is a Supplemental Response To Office Action in response to the Office
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`Action, mailed February l2, 20l5, in the above-referenced Ex Parte Reexamination of
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`Claim 3 of U.S. Patent No. 6,542,076 (the '076 Patent), wherein the Examiner rejected
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`Claim 3 in View of prior art references.
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`This Supplemental Response is being submitted in response to comments made
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`during the Examiner Interview which took place on May 5, 20l5, in the above-identified
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`reexamination proceeding. During the above-referenced Examiner Interview, a question
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`was raised regarding whether, for an expired patent, the ordinary and customary meaning
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`in light of the Specification and intrinsic evidence, of the words or phrases of a claim, is
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`broader than the broadest reasonable interpretation of same. The Patent Owner
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`respectfully submits that the ordinary and customary meaning in light of the Specification
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`and intrinsic evidence, for the words or phrases of a claim in an expired patent, is narrower
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`than the broadest reasonable interpretation of same.
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`This Supplemental Response To Office Action serves as a supplement to the
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`Response To Office Action filed on April 10, 2015 in the above-identified reexamination
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`proceeding. The Patent Owner further hereby incorporates by reference herein, as if to
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`fully restate herein, the subject matter and arguments of and provided in the Response To
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`Office Action filed on April 10, 2015.
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`1. The Claim Construction Standard:
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`The Patent Owner respectfully notes that U.S. Patent No. 6,542,076 is expired,
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`that the claims of U.S. Patent No. 6,542,076 are thus not subject to amendment in this
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`reexamination proceeding and, as a result, the words and phrases of Claim 3 should be
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`given their ordinary and customary meaning. See MPEP §2258(I)(G). The pertinent
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`portion of MPEP §2258(I)(G) provides:
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`In a reexamination proceeding involving claims of an expired patent, claim
`construction pursuant to the principle set forth by the court in Phillips v. A WH
`Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005) (words of
`a claim “are generally given their ordinary and customary meaning” as
`understood by a person of ordinary skill in the art in question at the time of the
`invention) should be applied since the expired claim are not subject to
`amendment.
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`During the Examiner Interview of May 5, 2015, a question was raised regarding
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`whether the ordinary and customary meaning, in light of the Specification and the intrinsic
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`evidence, is broader than the broadest reasonable interpretation. Upon hearing this, it was
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`the Patent Owner's understanding that a construction broader than the broadest reasonable
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`interpretation was being applied in the above-identified reexamination proceeding which
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`was the subject of that Interview. The Patent Owner immediately offered its response that
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`the ordinary and customary meaning is narrower than the broadest reasonable
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`interpretation.
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`Since it is imperative that the correct claim construction standard be applied in
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`reexamination proceedings involving expired patents, the Patent Owner submits the
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`following remarks for entry into the record in the above-identified reexamination
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`proceeding.
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`II. The Claim Construction Issues Regarding Ramono, Ryoichi, and Pagliaroliz
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`With regards to the claim construction issues regarding the rejection of Claim 3
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`in view of Ramono, the Patent Owner respectfully submits that any construction by the
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`Examiner for "first control device" which would allow the alarm unit or system, or any
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`component of same, of Ramono to serve as the "first control device" of Claim 3 would be
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`inconsistent with, and would contradict, the Specification and the intrinsic evidence of the
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`‘O76 Patent. Thus, any such construction would not be an appropriate construction for the
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`ordinary and customary meaning of "first control device" in light of the Specification and
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`the intrinsic evidence.
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`With regards to the claim construction issues regarding the rejection of Claim 3
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`in view of Ryoichi, the Patent Owner respectfully submits that any construction by the
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`Examiner for "second control device" which would allow the fixed radio station St of
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`Ryoichi to serve as the “second control device" of Claim 3 would be inconsistent with, and
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`would contradict, the Specification and the intrinsic evidence of the ‘O76 Patent. Thus, any
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`such construction would not be an appropriate construction for the ordinary and customary
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`meaning of "second control device" in light of the Specification and the intrinsic evidence.
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`Lastly, with regards to the claim construction issues regarding the rejection of
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`Claim 3 in view of Pagliaroli, the Patent Owner respectfully submits that any construction
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`by the Examiner for "second control device" which would allow the mobile telephone
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`signal transmitter 46 of Pagliaroli to serve as the "second control device" of Claim 3 would
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`be inconsistent with, and would contradict, the Specification and the intrinsic evidence of
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`the ‘O76 Patent. Thus, any such construction would not be an appropriate construction for
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`the ordinary and customary meaning of "second control device" in light of the
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`Specification and the intrinsic evidence.
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`IIA. Any Construction For "first control device" Which Would Allow The
`Alarm Unit Or System, Or Any Portion Of Same, Of Ramono To Serve As
`The "first control device" Of Claim 3 Would Be Erroneousz
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`The Patent Owner respectfully submits that any construction for the “first
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`control device" of Claim 3 which would allow the alarm unit or system, or any portion or
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`component of same, of Ramono to serve as the “first control device" of Claim 3 would be
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`contrary to, and would contradict, the Specification and the intrinsic evidence of the ‘O76
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`Patent and, thus, would be erroneous.
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`The “first control device“ of Claim 3, in at least one exemplary embodiment,
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`can, for example, be identified as being the CPU 4 of Figs. l, 5A, 5B, 9, HA, llB, l2, l3,
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`l4, l5, and 16.
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`In each and every exemplary instance, the CPU 4 (which can serve as the
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`“first control device" of Claim 3) is a separate entity and is separate and apart from any of
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`the identified vehicle equipment systems ll. For example, regarding at least each of Figs.
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`1, 5A, 5B, 9, HA, and llB, the CPU 4 is shown as being separate and apart from each of
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`the vehicle ignition system 7, the vehicle fuel pump system 9, and the various vehicle
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`equipment systems ll and, therefore, the CPU 4 is not a component of any of the vehicle
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`ignition system 7, the vehicle fuel pump system 9, or any of the various vehicle equipment
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`systems 11.
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`It
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`is further important to note that the vehicle equipment systems ll are
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`identified as including a wide range of devices ranging from simple components (such, as
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`for example, a headlight) to systems having a number of components (such as,
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`for
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`example, a vehicle anti-theft system or an alarm). See, for example, the ‘O76 Patent at Col.
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`25, line 15 to Col. 31, line 48 which discloses at least some of the vehicle equipment
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`systems ll identified as such in the ‘O76 Patent.
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`Claim 3 of the ‘O76 Patent includes the words or phrases “first control device“
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`and “at least one of a vehicle system, a vehicle equipment system, a vehicle component, a
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`vehicle device, a vehicle equipment, and a vehicle appliance“.
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`The Patent Owner submits that any construction or interpretation that would
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`allow the alarm unit or system, or any component or portion of same, of Ramono to serve
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`as the “first control device“ of Claim 3 would contradict the Specification and the intrinsic
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`evidence of the ‘O76 Patent and, therefore, would contradict the ordinary and customary
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`meaning of the words “first control device“ in light of the Specification and the intrinsic
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`evidence.
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`The Specification and the intrinsic evidence of the ‘O76 Patent is clear and
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`unequivocal that the “first control device" and the “at least one of a vehicle system, a
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`vehicle equipment system, a vehicle component, a vehicle device, a vehicle equipment, and
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`a vehicle appliance" are separate and distinct devices or entities. In fact, the ‘O76 Patent, at
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`Col. 25, lines 15-17 unequivocally provides that the CPU 4, which can serve as the “first
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`control device" of Claim 3, “is also electrically connected and/or linked to at least one or
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`more of a vehicle equigment system or systems 11. “ (emphasis added).
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`In this regard, any
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`construction for “first control device" which would allow for any of the expressly
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`identified and defined vehicle equipment system or systems 1 1, or any component or
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`portion of same, to serve as the “first control device" would be inconsistent with, and
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`would contradict, the Specification and the intrinsic evidence of the ‘O76 Patent, and thus
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`would be erroneous.
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`Further, any alarm unit or system, or any light, headlight, flasher, or any other
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`vehicle system, vehicle equipment system, vehicle component, vehicle device, vehicle
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`equipment, or vehicle appliance, or any component or portion of same, of Ramono can
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`only serve as a respective “at least one of a vehicle system, a vehicle equipment system, a
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`vehicle component, a vehicle device, a vehicle equipment, and a vehicle appliance". Such
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`a construction is consistent with, and supported by, the Specification and the intrinsic
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`evidence of the ‘O76 Patent.
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`The Specification and the intrinsic evidence of the ‘O76 Patent expressly discloses a
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`number of examples of the vehicle equipment system or systems ll, and, therefore,
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`discloses examples of the respective “at least one of a vehicle system, a vehicle equipment
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`system, a vehicle component, a vehicle device, a vehicle equipment, and a vehicle
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`appliance“ of Claim 3 as including at least: 1) an alarm; 2) a horn; 3) a vehicle external
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`light system(s); 4) vehicle head lights; 5) tail lights or flashers; and 6) vehicle anti-theft
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`systems, etc. See, for example, the ‘O76 Patent, at Col 25, lines 15-57, which provides:
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`“The CPU 4, in the preferred embodiment, is also electrically connected
`and/or linked to at least one or more of a vehicle equigment system or systems
`Q. The vehicle equipment system or systems 11 are located externally from the
`apparatus 1 and may or may not be connected and/or linked to the CPU 4, via a
`vehicle equipment system or systems interface 12 which may or may not be
`required for each one of the variety or multitude of the vehicle equipment
`systems which may be utilized in conjunction with the apparatus.
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`The vehicle equigment system or systems 11 may include a loud siren or
`alarm, which may be located in the passenger compartment of the motor
`vehicle and, which may produce a loud piercing sound so as to make it
`unbearable for an intruder to remain inside the motor vehicle passenger
`compartment. The vehicle equipment system 11 may also include an external
`siren or alarm, which may produce a loud piercing sound, which may be
`utilized to draw attention to the motor vehicle. The vehicle equipment system
`ll may also include a horn, which may blare continuously or intermittently, so
`as to also draw attention to the motor vehicle. The vehicle equipment system(s)
`11 may also include the vehicle external light systems(s), which may include
`the vehicle head lights, tail lights or flashers, which may be constantly
`illuminated or which may blink on and off repeatedly so as to draw attention to
`the motor vehicle.
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`The vehicle equipment system(s) 11 may also include a Qower door lock
`system, for securing the vehicle passenger compartment so as to prevent an
`entry thereunto or an exit therefrom. In addition, the vehicle equigment
`system(s) 11 may include a hood locking system, such as a mechanical hood
`locking system, for locking the vehicle hood so as to prevent an unauthorized
`access into the vehicle engine compartment so as to prevent any tampering with
`equipment system(s) 11 can also include "smart" windows which turn opaque
`and/or darker depending upon interior lighting.
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`The vehicle equigment system (s) 11 may also include any one or more of the
`widely known vehicle antithett systems and may also include a vehicle
`recovery system or device, including a homing and/or a tracking device or
`system, each of which system(s) may be activated and/or controlled by the
`apparatus 1 of the present invention. “ (emphasis added).
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`Further, Claim 5 of the ‘O76 Patent is consistent with the above intrinsic
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`evidence. Claim 5 of the ‘O76 Patent recites:
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`5. The apparatus of claim 3, wherein the at least one ofa vehicle system, a
`vehicle equipment system, a vehicle component, a vehicle device, a vehicle
`equipment, and a vehicle appliance, is at least one of a siren, an alarm, a horn,
`a light system, head lights, tail lights, flashers, a power door lock system, a
`hood locking system, a mechanical hood locking system, video recording
`equipment, photographing equipment, a video recording device, a camera, a
`still picture camera, audio recording equipment, an audio recording device, a
`microphone, a tape recorder, an intercom system or device, a video
`conferencing device or equipment, a two-way radio, a radio, a television, an
`entertainment device, fire extinguishing equipment, a radar device, radar
`equipment, emergency or distress signal equipment, a refrigerator, a stove, an
`air conditioner, an oven, a microwave oven, a lighting system, an electrical or
`electronically controlled dead-bolt locking device for use on at least one of a
`door, a window, a hood, and a trunk, a wheel locking device or mechanism, a
`brake locking device or mechanism, hydraulic equipment, pneumatic
`equipment, a winch, a loading mechanism, an unloading mechanism, a cutting
`mechanism, a bailing mechanism, a gun, a weapon system, a self-defense
`system, an electronic warfare system, a battery, a fuel cell, a window which
`turns opaque or darker depending upon interior lighting, and a monitoring
`device for at least one of reading and monitoring at least one of a status and a
`condition of at least one of a fuel supply, a water or coolant supply, an electrical
`generator or alternator operation, a battery charge level, an engine temperature
`level, and a vehicle operation. (emphasis added).
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`In view of the Specification and the intrinsic evidence of the ‘O76 Patent, it is
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`clear that any ordinary and customary meaning for "first control device" which would
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`allow for an "at least one of a vehicle system, a vehicle equipment system, a vehicle
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`component, a vehicle device, a vehicle equipment, and a vehicle appliance", or any
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`component or portion of same, to serve as the "first control device", would be inconsistent
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`with, and would contradict, the Specification and the intrinsic evidence of the ‘O76 Patent.
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`The Examiner cannot, without contradicting the Specification and the intrinsic
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`evidence, simply "break up" the alarm unit or system of Ramono into pieces so as to have
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`the alarm unit or system serve as both the "first control device" and the "at least one of a
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`vehicle system, a vehicle equipment system, a vehicle component, a vehicle device, a
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`vehicle equipment, and a vehicle appliance" elements of Claim 3. Further, the Examiner
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`cannot simply "break up" into pieces the alarm unit or system of Ramono so as to have a
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`component or portion of same serve as the "first control device" to control another vehicle
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`system, vehicle equipment system, vehicle component, vehicle device, vehicle equipment,
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`or vehicle appliance.
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`In this regard, the Examiner cannot properly assert that a component or portion
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`of the alarm unit of system of Ramono can serve as the "first control device", such as to
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`control a horn, a vehicle external light system(s), vehicle head lights, tail lights or flashers,
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`or any other vehicle system, vehicle equipment system, vehicle component, vehicle device,
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`vehicle equipment, or vehicle appliance, as all of the above listed entities are
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`unequivocally disclosed in the Specification and the intrinsic evidence, as being an "at
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`least one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance".
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`As a result, any interpretation of the ordinary and customary meaning in light of
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`the Specification and the intrinsic evidence for "first control device" which would allow
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`the alarm unit of system, or any component or portion of same, of Ramono to serve as the
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`"first control device", so as to control a light, a horn, or some other vehicle system, vehicle
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`equipment system, vehicle component, vehicle device, vehicle equipment, or vehicle
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`appliance, would be inconsistent with, and would contradict, the Specification and the
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`intrinsic evidence of the ‘O76 Patent. Any such construction would be untenable and
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`incorrect.
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`In this regard, when the "first control device" and the "at least one of a vehicle
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`system, a vehicle equipment system, a vehicle component, a vehicle device, a vehicle
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`equipment, and a vehicle appliance" are given their ordinary and customary meanings, as is
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`prescribed by MPEP §2258(I)(G), and when the intrinsic evidence of Claim 5 of the ‘O76
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`Patent is properly considered, the vehicle alarm unit or system, or any component or
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`portion of same, of Ramono, cannot serve as the “first control device" of Claim 3 of the
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`‘O76 Patent.
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`In view of the foregoing, the Patent Owner respectfully submits that Ramono does
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`not disclose, teach, or suggest, the first control device of Claim 3 and, therefore, that
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`Ramono does not disclose, teach, or suggest, the first control device which at least one of
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`generates and transmits the first signal of Claim 3. In this regard, the Patent Owner further
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`submits that Ramono does not disclose, teach, or suggest, the first signal of Claim 3 “for at
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`least one of activating, de-activating, disabling, and re-enabling, at least one of a vehicle
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`system, a vehicle equipment system, a vehicle component, a vehicle device, a vehicle
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`equipment, and a vehicle appliance".
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`In view of the foregoing, Ramono, in failing to disclose, teach, or suggest, the
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`recited first control device and the recited first signal of Claim 3 of the ‘O76 Patent, does
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`not disclose, teach, or suggest, many of the specifically recited features of Claim 3 of the
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`‘O76 Patent, which features are important and recited features of said Claim 3. In view of
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`the foregoing, Ramono does not anticipate, or otherwise render obvious or unpatentable,
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`Claim 3 of the ‘O76 Patent. In view of the above, the Patent Owner respectfully submits
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`that Claim 3 of the ‘O76 Patent is patentable over Ramono.
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`IIB. Any Construction For "second control device" Which Would Allow
`The Fixed Radio Station St Of Ryoichi To Serve As The "second control
`device" Of Claim 3 Would Be Erroneous:
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`The Patent Owner respectfully submits that any construction for the "second
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`control device" of Claim 3 which would allow the fixed radio station St of Ryoichi to serve
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`as the "second control device" of Claim 3 would be contrary to, and would contradict, the
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`Specification and the intrinsic evidence of the ‘O76 Patent and, thus, would be erroneous.
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`The "second control device" of Claim 3, in at least one exemplary embodiment,
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`can, for example, be identified as being the server computer S10 of Fig. SB, the computer
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`970 of Fig. MA, or the server computer 952 or the computer 970 of Fig. llB. In each and
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`every exemplary instance, the respective server computer S10 of Fig. SB, the computer 970
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`of Fig. MA, or the server computer 952 or the computer 970 of Fig. llB, are not simply
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`components of a communication system or a communication network on, over, or via,
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`which any one control device can communicate with another control device. Claim 3
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`specifically recites three distinct and separate control devices, that is, for example, the first
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`control device (CPU 4), the second control device (server computer 910), and the third
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`control device (home and/or personal computer 150) of Fig. SB; the first control device
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`(CPU 4),
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`the second control device (computer 970), and the third control device
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`(transmitter 2) of Fig. HA; and the first control device (CPU 4), the second control device
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`(server computer 9S2 or computer 970), and the third control device (home and/or personal
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`computer lS0) of Fig. llB. Communication between any of the above-referenced control
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`devices occurs on, over, or via, a communication system or a communication network.
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`In
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`fact, the Specification and the intrinsic evidence of the ‘O76 Patent contains an abundance
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`of evidence supporting the fact that the invention of Claim 3 operates "in conjunction with"
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`a communication system or a communication network.
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`There is no support in the Specification or the intrinsic evidence of the ‘O76
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`Patent that would properly allow, under any ordinary and customary meaning for "second
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`control device", that a component of any such communication system or communication
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`network can serve as a "second control device".
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`In fact, the Specification and the intrinsic
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`evidence point to the contrary.
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`The Patent Owner submits that any interpretation that would allow the radio
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`station St of Ryoichi to serve as the "second control device" of Claim 3 would contradict
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`the Specification and the intrinsic evidence of the ‘O76 Patent and, therefore, would
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`contradict the ordinary and customary meaning of the words "second control device" in
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`light of the Specification and the intrinsic evidence of the ‘O76 Patent.
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`The radio station St of Ryoichi is merely a component of the communication
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`system or communication network over which a user of the telephone disclosed therein
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`transmits a signal to the personal radio paging unit 9 at the vehicle. Ryoichi, at Col. 14,
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`lines 13-18, provides:
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`“A calling number is dialed by the Qushbuttons of a general wire teleghone
`unit TEL (FIG. 1), and those pushbuttons which represent a code number, e.g.,
`“OO6“ (decimal notation) corresponding to a desired message signal are pushed.
`A radio wave indicating these calling and message numbers is automatically
`radiated from a fixed radio station St of a teleghone comgany, and the
`personal radio paging unit 9 receives the calling number and the following
`message number “OO6.“ (emphasis added).
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`The Patent Owner submits that use of the words “in conjunction with“ in the
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`Specification and the intrinsic evidence of the ‘O76 Patent are still further evidence that the
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`elements of Claim 3 and the communication system or the communication network in
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`connection with which same can operate are separate and distinct entities, and that the
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`communication system or the communication network, or any component or portion of
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`same, are separate and distinct entities from each of the first control device, the second
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`control device, and the third control device, of Claim 3.
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`Support for the above position can be found in the Specification and the
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`intrinsic evidence of the ‘O76 Patent Specification. See, for example, Col. 1, lines 25-32;
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`Col. 3, lines 31-39; Col. 4, lines 3-1 1; Col. 6, lines 22-28; Col. 15, lines 34-48; Col. 17,
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`lines 38-46; Col. 22, lines 4-l6; Col. 23, lines l-l4; Col. 26, line 66 to Col. 27, line lO;
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`Col. 35, lines 13-19; Col. 35, line 19 to Col. 36, line 2; Col. 35, line 19 to Col. 36, line 2;
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`Col. 36, lines 7-l6; Col. 58, line 61 to Col. 62, line 8; and Col. 100, lines 32-55.
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`The ‘O76 Patent, at Col. 1, lines 25-32, provides:
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`“The present invention pertains to a control, monitoring and/or security
`apparatus and method and, in particular, to a control, monitoring, and/or
`security, apparatus and methodfor exercising and/or providing control,
`monitoring and/or security, vehicles, motor vehicles, marine vessels and
`vehicles, aircraft, recreational vehicles, residential premises, commercial
`premises, structures and/or equipment, in a network environment."
`(emphasis added).
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`The ‘O76 Patent, at Col. 3, lines 3 1-39, provides:
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`“The apparatus of the present invention includes a transmitter systemfor
`transmitting an electrical, an electronic, an electromagnetic or other
`suitable signal, transmittable over a communication system and/or
`medium, upon an activation by the owner or authorized user or operator of
`the vehicle, motor vehicle, marine vessel, aircraft, recreational vehicle,
`and/or the owner, occupant and/or authorized individual of and for the
`residential premises and/or the commercial premises.“ (emphasis added).
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`See also, the ‘O76 Patent, at Col. 4, lines 3-1 1, which provides:
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`“The transmitter/receiver combination should provide for the transmission
`and for the reception of a multitude of remote electrical, electronic,
`electromagnetic, and/or other suitable signals, over long distances and/or in
`a mobile and/or a wireless communications environment. Telephone
`signals and telephone communication devices can be utilized in the present
`invention as well as personal computers which can be utilized with
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`telecommunications and/or other suitable communication systems
`and/or mediums." (emphasis added).
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`The ‘O76 Patent, at Col. 6, lines 22-28, also provides:
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`“ The apparatus may also be utilized in coniunction with a comguter
`network such as an on-line service and/or on, or over, the Internet and/or
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`the World Wide Web, by employing an appropriate server computer and/or
`an associated Web Site and/or Web Site technology in coniunction with an
`aggrogriate communication medium." (emphasis added).
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`The ‘O76 Patent, at Col. 15, lines 34-48, further provides:
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`“In any of the above described embodiments, the present invention may be
`utilized in coniunction with any suitable communication device(s) and/or
`communication system (s). In this manner, the present invention may be
`utilized in conjunction with a telephone, a touch tone telephone, a cordless
`telephone and/or a cellular or mobile telephone, a home and/or a personal
`computer having associated telecommunication devices or other suitable
`peripheral device(s) such as a modem and/or a fax/modem, personal
`communication devices which can ogerate over an aggrogriate
`telecommunications system, and/or other suitable communications
`systems and/or mediums, including radio signal, optical, satellite and/or
`other communications systems and/or mediums. Any suitable
`communication system and/or medium may be utilized." (emphasis added).
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`The ‘O76 Patent, at Col. 17, lines 38-46, still further provides:
`
`“It is yet another object of the present invention to provide a control,
`monitoring and/or security apparatus and method for vehicles, motor
`vehicles, marine vessels and vehicles, aircraft, recreational vehicles,
`
`residential premises and/or commercial premises which is utilized in
`coniunction with a central security office and/or agency and/or with, or
`over, an on-line service and/or on, or over, the Internet and/or the World
`Wide Web and/or other in formation structure, infra-structure, system
`and/or communication system or medium.“ (emphasis added).
`
`See also, the ‘O76 Patent, at Col. 22, lines 4-l6, which provides:
`
`“As described hereinafter, the transmitter system 2 may also be a home
`and/or a personal computer, having associated telecommunication devices
`or other suitable peripheral device(s) such as a modem and/or a fax/modem,
`or other personal communication device, which can ogerate over an
`aggrogriate telecommunications system, and/or other suitable
`
`l4
`
`16
`
`

`
`communications systems, including radio signal, optical, satellite and/or
`other communications systems. The communications system utilized may
`operate anywhere in the electromagnetic and/or radio spectrum. In this
`regard, Qersonal communication service (PCS) systems and devices,
`including stationary, portable and/or hand-held devices, may also be
`utilized." (emphasis added).
`
`See also, Col. 23, lines 1-14, of the ‘O76 Patent, which provides:
`
`“The receiver 3 or beeper or pager, or the communication system which
`services same, in turn, provides an indication, in the form of a signal
`transmission, back to the transmitter 2 and, in particular, to the transmitter
`receiver 2C, which signifies that a signal has been received by the apparatus
`1. The receiver 3 also generates data which is indicative of the signal, or a
`portion thereof, which has been received. In this regard, in the preferred
`embodiment, the receiver 3 is provided with its own transmitter 3A, or the
`communication system or service which services the receiver 3 may
`provide a transmitter (not shown) as may be the case with certain pager
`systems, such as and including two-way pager systems, for transmitting
`signals back to the transmitter system 2.“ (emphasis added).
`
`The ‘O76 Patent, at Col. 26, line 66 to Col. 27, line lO, also provides:
`
`“The vehicle equipment system(s) ll may also include an intercom system
`or device or telephone, cellular, digital or otherwise, for providing a means
`by which to allow the user or operator, or other authorized operator, to
`communicate with the operator and/or occupants of the vehicle over a
`designated communication line. The vehicle equipment system 11 can also
`include video conferencing devices and/or equipmentfor enabling the
`vehicle occupants and/or individuals inside the vehicle, outside the
`vehicle, and/or in the vicinity of the vehicle, to engage in and/or partake
`in video conferences and/or video conferencing with others via a
`communication network." (emphasis added).
`
`The ‘O76 Patent, at Col. 35, lines 13-19, also provides:
`
`“In another preferred embodiment, the aggaratus I can be utilized in
`coniunction with a computer so that the authorized user or operator can
`utilize the apparatus over an on-line service and/or on, or over, the Internet
`and/or the World Wide Web and/or other suitable communication
`
`network or medium.“ (emphasis added).
`
`See also, the ‘O76 Patent, at Col. 35, line 19 to Col. 36, line 2, which provides:
`
`15
`
`17
`
`

`
`"FIG. 5B illustrates another preferred embodiment wherein the apparatus 1
`is utilized in coniunction with an on-line service and/or on, or over, the
`Internet and/or the World Wide Web and/or other suitable
`
`communication network or medium. .
`
`.
`
`.
`
`In the embodiment of FIG. 5B, the authorized user or operator may transmit
`data directly to the apparatus l via the home and/or personal computer l50.
`The authorized user or operator may also transmit data directly to the
`server 510 over an appropriate communication network or medium.
`
`By using the computer ISO in conjunction with an appropriate
`communication medium, the authorized user or operator may then access
`the dedicated server 510 such as on-line and/or via the Web Site 520 and
`
`thereby receive any and all of the above-described data from the server
`510 over the on-line service and/or on, or over, the Internet and/or the
`World Wide Web and/or other suitable communication network or
`
`medium. The authorized user or operator may also enter command codes
`and other data so as to provide control over the apparatus l via the server
`510. .
`.
`.
`
`Applicant also hereby incorporates by reference herein all of the methods
`and/or techniques [or providing information and/or data over on-line
`
`services and/or on or over the Internet and/or the World Wide Web or
`
`other suitable communication network or medium, along with
`client/server and/or Web Site technology and methods and/or techniques
`utilized in conjunction therewith, which are known as of the filing date of
`this application." (emphasis added).
`
`Further, support can also be found at Col. 36, lines 7-16, of the ‘O76 Patent,
`
`which provides:
`
`"In this regard, the authorized user or operator may utilize
`the apparatus to its fullest capabilities over an on-line service and/or
`on, or over, the Internet and/or the World Wide Web or other suitable
`communication network or medium. In this manner, the embodiment of
`
`FIG. 5B may allow the authorize