_U_NI_T_E_D_S_T_AT_E_S_P_A_T_EN_T_AN __ D_T_RAD ___ E_M_ARK ___ O_F_FI_C_E ____ --'!==~~~~"""""",.,.,...,.....,,...,,__ ___ \)_~)·
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`AddroAA: COMMISSIONER FOR PATENfS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.U"Plo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENfOR
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`10/262,413
`
`09/30/2002
`
`Dennis J. Dupray
`
`1003-2
`
`2233
`
`7590
`Dennis J. Dupray
`180 I Belvedere Street
`Golden, CO 80401
`
`0412812004
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`PAPER NUMBER
`
`DATE MAILED: 04/28/2004
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`Apple, Inc. Exhibit 1034 Page 1
`
`

`
`Offic Action Summ ry
`
`Application No.
`
`Applicant(s)
`
`101262,413
`
`Examiner
`
`DUPRAY ET AL.
`
`Art Unit
`
`- I
`
`3662
`Dao L. Phan
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspond nee address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 2. MONTH(S) 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 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 term adjustment. See 37 CFR 1. 704(b).
`
`-
`
`Status
`
`1)[gj Responsive to communication(s) filed on 09 March 2004.
`2a)0 This action is FINAL.
`2b)0 This action is non-final.
`3)[gj 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)[gl Claim(s) 139-198 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[gj Claim(s) 139-197 is/are allowed.
`6)0 Claim(s) __ is/are rejected.
`7)0 Claim(s) 198 is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 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.
`
`Attachment(s)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [gj Information Disclosure Statement(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 042104
`
`Apple, Inc. Exhibit 1034 Page 2
`
`

`
`Application/Control Number: 10/262,413
`Art Unit: 3662
`
`Page2
`
`1.
`
`Claim 198, lines 5-6, "wherein said information is obtained form communications
`
`from one or more communication networks communicating with the networked entities"
`
`is objected to because it's unclear. Appropriate correction is required.
`
`2.
`
`3.
`
`Claims 139-197 are allowed.
`
`Claim 198 would be allowable if rewritten or amended to overcome the
`
`objection( s ).
`
`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Dao L. Phan whose telephone number is (703)306-
`
`4167. The examiner can normally be reached on M-F 9:00-5:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Tarcza Thomas can be reached on (703)306-4171. The fax phone number
`
`for the organization where this application or proceeding is assigned is 703-872-9306.
`
`5.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`Apple, Inc. Exhibit 1034 Page 3