UNITED STATES PATENT AND ThADEMARK OFFICE
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`•
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`AddreH:COMMISSIONER FOR PATENTS
`P.O. Box 1450
`AlexandriJl, ViigiiUa 22313·1450
`www.uspto.gov
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`APPLICATION NO.
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`10/262,413
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`FILING DATE
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`09/30/2002
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
`
`Charles L. Karr
`
`1003-2
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`2233
`
`7590
`Dennis J. Dupray
`1801 Belvedere Street
`Golden, CO 8040 l
`
`09/0912003
`
`EXAMINER
`
`PHAN, DAO LINDA
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`ART UNIT
`
`3662
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`PAPER NUMBER
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`DA TE MAILED: 09/09/2003
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 07-01)
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`Apple, Inc. Exhibit 1032 Page 1
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`Applicant(s)
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`Karr et al
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`Art Unit
`3662
`
`Application No.
`10/262,413
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`Examiner
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`Dao L. Phan
`
`~,
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`' Offp<ri8' Action Summa11ry
`'"
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`MONTH(S) FROM
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE
`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 the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`• 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.
`• 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 tenn adjustment. See 37 CFR 1. 704(b).
`Status
`1) IXI Responsive to communication(s) filed on ..::;S""ep"'-'3""'"'0_,_,_2-"0""'"'0_2 ____________________ _
`2b) IXI This action is non-final.
`2a) 0 This action is FINAL.
`3) 0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11; 453 O.G. 213.
`Disposition of Claims
`4) IXI Claim(s)
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`is/are pending in the application.
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`4a) Of the above, claim(s)
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`is/are withdrawn from consideration.
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`5)
`Claim(s)
`6) IXI Claim(s) 48-138
`7) 0 Claim(s)
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`8) 0 Claims
`Application Papers
`9) 0 The specification is objected to by the Examiner.
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`is/are allowed.
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`is/are rejected.
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`is/are objected to.
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`are subject to restriction and/or election requirement.
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`10)0 The drawing(s) filed on
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`is/are a) 0 accepted or b)O 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).
`11 )0 The proposed drawing correction filed on
`is: a)O approved b)O disapproved by the Examiner.
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`If approved, corrected drawings are required in reply to this Office action.
`
`12)0 The oath or declaration is objected to by the Examiner.
`Priority under 35 U.S.C. § § 119 and 120
`13)0 Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) 0 All b)O Some* c)O None of:
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`1.
`2.0
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`Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No.
`
`~--------
`3. 0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau !PCT Rule 17.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`14)0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
`a)
`The translation of the foreign language provisional application has been received.
`15)0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`
`Attachment(sl
`1) 0 Notice of References Cited (PT0·892l
`Notice of Draftsperson's Patent Drawing Review (PT0-948)
`2)
`3) 0 lnfonnation Disclosure Statement(s) (PT0-1449) Paper No(s). __ _
`
`4) 0 Interview Summary (PT0-413) Paper No(s).
`5)
`Notice of Informal Patent Application !PT0-1521
`s1 O 0ther:
`
`U. S. Patent and Trademark Office
`PT0-326 (Rev. 04-01)
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`Office Action Summary
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`Part of Paper No. 4
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`Apple, Inc. Exhibit 1032 Page 2
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`

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`"
`,.,,
`" Application/Control Number: 10/262,413
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`Art Unit: 3662
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`•
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`Page2
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`Claims 48-138 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`Taken as a whole the instant application has an undue multiplicity of claims by virtue that
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`the unreasonable number of claims presented would tend to obfuscate, confuse, and becloud the
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`claimed invention.
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`It is further noted that it would appear that a multiplicity of inventions also appear to be
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`involved and the applicant is requested to group his selection according to read on a single
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`invention. The applicant should group the claims according to what he believes to be distinct
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`inventions which may be restricted in a subsequent action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Dao Phan whose telephone number is (703) 306-4167.
`
`DAO PHAN
`PATENT EXAMINER
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`Apple, Inc. Exhibit 1032 Page 3