Notice of Allowability
`
`Application No.
`
`09/629,577
`Examiner
`
`Applicant(s)
`
`HOLTET AL.
`Art Unit
`
`David ·Lazaro.
`
`2155
`
`-· The MAILING DATE of this communication appears on the cover sheet with the co"espondence address-·
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. [21 This communication is responsive to the amendment filed in Paper 7 on 121111/03.
`2. [21 The allowed claim(s) is/are 9-12.15-19.22-25 and 28~30.
`3. [21 The drawings filed on 07131/00 are accepted by the Examiner.
`4. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) 0 All
`b) 0 Some* c) 0 None of the:
`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)).
`*Certified copies not received: __ .
`5. 0 Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application) since a specific
`reference was included in the first sentence of the specification or in an Application Data Sheet. 37 CFR 1. 78.
`(a) D The translation of the foreign language provisional application has been received.
`6. D Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121 since a specific reference was included
`in the first sentence of the specification or in an Application Data Sheet. 37 CFR 1.78.
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted
`below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE·IYIONTH PERIOD IS NOT EXTENDABLE.
`7. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`8. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) 0
`including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) 0 hereto or 2) D to Paper No. __ .
`including changes required by the proposed drawing correction filed __ , which has been approved by the Examiner.
`including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No. __ .
`
`(b) 0
`(c) 0
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the margin according to 37 CFR 1.121(d).
`9. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment reg9rding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`
`1 0 Notice of References Cited (PT0-892)
`20 Notice of Draftperson's Patent Drawing Review (PT0-948)
`30 Information Disclosure Statements (PT0-1449 or PTO/SB/08),
`PaperNo. __
`40 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`50 Notice of Informal Patent Application (PT0-152)
`6[81 Interview Summary (PT0-413), Paper No.§.
`
`7181 Examiner's Amendment/Comment
`
`8[81 Examiner's Statement of Reasons for Allowance
`
`90 Other (}~~W~
`
`PATRICE WINDER
`PRIMARY EXAMINER
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 11-03)
`
`Notice of Allowabllity
`
`Part of Paper No. 8
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 1 of 50
`
`

`
`Application/Control Number: 09/629,577
`Art Unit: 2155
`
`~ \-!fJJ
`
`"
`
`Page2
`
`DETAILED ACTION
`
`RESTRICTIONS
`
`1.
`
`This application is in condition for allowance except for the presence of Claims 1-
`
`8 to an invention non-elected without traverse. Accordingly, claims have been
`
`cancelled.
`
`EXAMINER'S AMENDMENT
`
`2.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312: To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with ChunNg (Reg. No. 36,878} on 01/23/04.
`
`The application has been amended as follows:
`
`In the claims:
`
`Claims 1-8 are cancelled.
`
`In Claim 9, line 8,. after "message", ~se insert --on the broadcast channel--.
`
`In Claim 9, line 9, after "connect", please insert --in order to maintain an m-regular
`
`graph--.
`
`.
`
`In Claim 23, line 9, after "message', pleai"sert -on the broadcast channel--.
`
`In Claim 23, line 10, after "connect", please insert --in order to maintain an m-regular
`
`graph--.
`
`I
`j
`
`.
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 2 of 50
`
`

`
`Application/Control Number: 09/629,577
`Art Unit: 2155
`
`Page3
`
`3.
`
`The following is an examiner's statement of reasons for allowance: Claims 9-12,
`
`15-19, 22-25 and 28-30 are allowable over the prior art of record based on the
`
`argument set forth by the applicant in Paper 3 starting on page 10 as directed to the
`
`presently amended claims.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled "Comments on
`
`Statement of Reasons for Allowance."
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to David Lazaro whose telephone number is 703-305-
`
`4868. The examiner can normally be reached on 8:30-5:00 M-F.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Hosain Alam can be reached on 703-308-6662. The fax phone number for
`
`the organization where this application or proceeding is assigned is 703-872-9306.
`
`Any inquiry of a general nature or relating to the status ofthis application or
`
`proceeding should be directed to the receptionist whose telephone number is 703-305-
`
`3900.
`
`5<_,/~
`
`.
`David Lazaro
`January 23, 2004
`
`~~
`
`PATRICE WINDER
`PRIMARY EXAMINER
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 3 of 50
`
`

`
`Interview Summary
`
`09/629,577
`
`Examiner
`
`David Lazaro
`
`Applicant(s)
`
`HOLTETAL.
`
`Art Unit
`
`2155
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) David Lazaro.
`
`(2) Chun Ng.
`
`Date of Interview: 23 Januarv 2004.
`
`(3) __ .
`
`(4) __ .
`
`Type: a)t?:?] Telephonic b)O Video Conference
`c)O Personal [copy given to: 1 )0 applicant 2)0 applicant's representative]
`
`Exhibit shown or demonstration conducted: d)0 Yes
`If Yes, brief description: __ .
`
`e)t?:?] No.
`
`Claim(s) discussed: 9 and 23.
`
`Identification of prior art discussed: __ .
`
`Agreement with respect to the claims f)t?:?] was reached. g)O was not reached. h)O N/A.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`reached, or any other comments: Claims 9 and 23 were discussed in order to expedite prosecution of the application.
`Applicant's representative agreed to an examiners amendment so that the body of both Claims 9 and 23 would reflect
`an explicit linking to the broadcast channel and its m-regular structure. The examiner's amendment will make the
`application allowable.
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
`allowable is available, a·summary thereof must be attached.)
`
`THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
`INTERVIEW. (See MPEP Section 713.04). If a reply to the last Office action has already been filed, APPLICANT IS
`GIVEN ONE MONTH FROM THIS INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY
`FORM, WICHEVER IS LAJER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See
`Summary of Record of Interview requirements on reverse side or on attached sheet.
`
`Examiner Note: You must sign this form unless it is an
`Attachment to a signed Office action.
`
`u.s. Patent and Trademark Office
`PTOL-413 (Rev. 04-03}
`
`Interview Summary
`
`Paper No.8
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 4 of 50
`
`

`
`[
`Summary of Record of Interview Re ' ments
`
`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
`• application whether or not an agreement with the examiner was reached at the interview.
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed by the applicant An interview does not remove the necessity for reply to Office action as specified in§§ 1.111, 1.135. (35 U.S.C. 132)
`
`.
`37 CFR §1.2 Business to be transacted In writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be.based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding In relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to r~cord the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make tl)e substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so. It is the examiner's responsibility to see that such a record is ma'de and to correct material inaccuracies
`which bear directly on the question of patentability.
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedvral matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`"Contents" section of the file wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview. In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`- Application Number (Series Code and Serial Number)
`Name of applicant'
`Name of examiner
`Date of interview
`Type of interview (telephonic, video-conference, or personal)
`Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`An indication whether or not an exhibit was shown or a demonstration conducted
`An identification of the specific prior art discussed
`An indication whether an agreement was reached and If so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally·be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification ·of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The ide.ntification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`
`Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is not complete and
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
`statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the
`paper recording the substance of the interview along with the date and the examiner's initials.
`
`2
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 5 of 50
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Vitgini~23!3-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`01/27/2004
`
`7590
`25096
`PERKINS COlE LLP
`PATENT-SEA
`P.O. BOX 1247
`SEATTLE, WA 98111-1247
`
`APPLICATION NO.
`
`09/629,577
`
`FILING-DATE
`
`07131/2000
`
`FIRST NAMED INVENTOR
`
`Fred B. Holt
`
`TITLE OF INVENTION: LEAVING A BROADCAST CHANNEL
`
`~~---------E-~--JNER------------~
`
`LAzARO, DAVID R
`
`ART UNIT
`
`2155
`
`PAPER NUMBER
`
`DATE MAILED: 01127/2004
`
`I ATTORNEYDOCKETNO. I CONFIRMATION NO.
`
`030048003US
`
`4317
`
`APPLN.TYPE
`
`nonprovisional
`
`SMALL ENTITY
`
`NO
`
`ISSUE FEE
`
`$1330
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$0
`
`$1330
`
`DATE DUE
`
`04127/2004
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION!m:IHEMERITS IS CLOSED. TIDS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR TIDS APPLICATION SHALL BE REGARDED AS ABANDONED. TIDS
`STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS AP}lLICATION. THE PTOL-8SB (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLY TO TIDS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
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`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If the status is changed, pay the PUBLICATION FEE (if
`required) and twice the amount of the ISSUE FEE shown above
`and notify the United States Patent and Trademark Office of the
`change in status, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check the box below and enclose
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`D Applicant claims SMALL ENTITY status.
`See 37 CFR 1.27.
`
`II. PART B- FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
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`
`UI. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`R1ail Stop ISSUE FEE unless advised to the contrary.
`' '
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`mai'ntenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 11/03) Approved for use through 04/30/2004.
`
`Page I of3
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 6 of 50
`
`

`
`Comple.te and send this form, tog·
`
`( ) PART B- FEE(S) TRANSMITT(t ( )
`with applicable fee(s), to: Mall Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`.
`Alexandria, Virginia 22313-1450
`or Fax
`(703) 746-4000
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 4 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless.corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS".for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Legibly mark·up with any corrections or use Block I)
`
`0112712004
`
`7590
`25096
`PERKINS COlE LLP
`PATENT-SEA
`P.O. BOX 1247
`-
`,
`SEATTLE WA98111 1247
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papef!l. Each add.itional paper~, .such as an a!!signment or formal drawing, must
`have 1ts own certificate of mathng or transm1ss1on.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal S'ervice with sufficient postage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO on the date indicated below
`'
`
`(Depositors name)
`
`I APPLICATION NO.
`09/629,577
`
`I
`
`FILING DATE
`
`07/31/2000
`
`I
`
`FIRST NAMED INVENTOR
`
`Fred B. Holt
`
`TITLE OF INVENTION: LEAVING A BROADCAST CHANNEL
`
`(Signature)
`
`(Date)
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`030048003US
`4317
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`NO
`
`EXAMINER
`
`LAZARO, DAVID R
`
`ISSUE FEE
`
`$1330
`
`ART UNIT
`
`2155
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$0
`
`$1330
`
`DATE DUE
`
`04/27/2004
`
`CLASS-SUBCLASS
`
`709-204000
`
`I. Change of correspondence address or indication of"Fee Address" (37
`CFR 1.363).
`
`r:l Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`r:l "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list (I) the
`names of up to 3 registered patent attorneys or
`agents OR, alternatively, (2) the name of a single
`firm (baving as a member a registered attorney or
`agent) and the names of up to 2 registered patent
`attorneys or agents. If no name is listed, no name
`will be printed.
`
`2. ______________________ ~
`
`3. ______________________ __
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ONTHEPATENT(printortype)
`PLEASE NOTE: Uriless an assignee is identified below, no assignee data will appear on the patent. Inclusion of assignee data is orily appropriate when an assignment has
`been previously submitted to theUSPTO or is being submitted under separate cover. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
`
`Please check the appropriate assignee category or categories (will not be printed on the patent);
`4b. Payment ofFee(s):
`4a. The following fee(s) are enclosed:
`a Issue Fee
`r:l A check in the amount of the fee(s) is enclosed.
`a Publication Fee
`a Payment by credit card. Form PT0-2038 is attached.
`a Advance Order- #of Copies----------
`r:l The Director is hereby authorized by charge the required fee(s), or credit any overpayment, to
`Deposit Account Number
`(enclose an extra copy of this form).
`
`r:l corporation or other private group entity
`
`r:l government
`
`r:l individual
`
`Director for Patents is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`
`(Authorized Signature)
`
`(Date)
`
`NOTE; The Issue Fee and Publication Fee (if required) will not be accepted from anyone
`other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`This collection of information is required by 37 CFR 1.311. The information is required to
`obtain or retain a benefit b:y the public which is to file (and by the USPTO to process) an
`application. Confidentiality IS governed by 35 U.S.C. 122 and 37 CFR 1.!4. This collection is
`esllmated to take !2 minutes to complete, including ~thering, preparing, and submitting the
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`case. Any comments on the amount of time you require to complete this form and/or
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`Patent and Trademark Office, U.S. Department of Commerce, Alexandria, Virginia
`22313·1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a
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`
`PTOL-85 (Rev. ll/03) Approved for use through 04130/2004.
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`TRANSMIT THIS FORM WITH FEE(S)
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 7 of 50
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United State• Patent and Trademark Offiee
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`I ATTORNEYOOCKETNO. I CONFIRMATIONNO.
`
`09/629,577
`
`07/3112000
`
`Fred B. Holt
`
`030048003US
`
`4317
`
`01/2712004
`
`25096
`7590
`PERKINS COlE LLP
`PATENT-SEA
`P.O. BOX 1247
`SEATTLE, WA 98111-1247
`
`EXAMINER
`
`LAZARO, DA VlD R
`
`ART UNIT
`
`2155
`
`PAPER NUMBER
`
`DATE MAILED: 01/27/2004
`
`Determination of Patent Term Adjustment under 35 U.S.C.154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 766 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 766 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) system (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (703) 305-1383. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office ofPatent Publication at (703) 305-8283.
`
`PTOL-85 (Rev. 11/03) Approved for use through 04/30/2004.
`
`Page3 of3
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 8 of 50
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No. 030048003US
`
`PATENT
`
`APPLICATION No.:
`
`FILED:
`
`FRED B. HOLT
`09/629,577
`July 31, 2000
`
`FOR:
`
`LEAVING A BROADCAST CHANNEL
`
`EXAMINER:
`
`DAVID R. LAZARO
`2155
`ART UNIT:
`CONFIRMATION No:
`
`4317
`
`Comments on Statement of Reasons for Allowance
`
`Mail Stop Issue Fee
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`In the Notice of Allowability mailed January 27, 2004, the Examiner allowed
`
`claims 9-12, 15-19, 22-25 and 28-30. Although the applicant's attorney agrees with the
`
`Examiner's conclusion that these claims are allowable, the applicant's attorney notes
`
`that the claims may be allowable for reasons other than those identified by the
`
`Examiner and does not concede that the Examiner's characterizations of the terms of
`
`the claims and the prior art are correct.
`
`Respectfully submitted,
`Perkins Coie LLP
`
`Chun Ng
`Registration No. 36,878
`
`oate: 3!/dr
`
`--,+-'-L-li!!t+--1---
`
`Correspondence Address:
`Customer No. 25096
`Perkins Coie LLP
`P.O. Box 1247
`Seattle, Washington 98111-1247
`(206) 359-8000
`
`[Q:\Cieru\Boelng (03004)11!003 (lea>lng)WoDIIConvnenls on Slalemem of R"""'"' for Aflowance.docl
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 9 of 50
`
`

`
`ress Mail Label EV343595835US
`
`Attorney Docket No. 030048003US
`
`I )Sj
`~/ll!
`~/j(;
`\ i I
`I. A./
`v
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`IN REAPPLICATION OF: FRED B. HOLT ET AL.
`APPLICATION No.:
`09/629,577
`FILED:
`JULY 31, 2000
`FOR: LEAVING A BROADCAST CHANNEL
`
`EXAMINER: DAVID R. LAZARO
`ART UNIT:
`2155
`CONF. No: 4317
`
`Transmittal of Formal Drawings
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Further to the Notice of Allowance dated January 27, 2004, enclosed are the
`required formal drawings, Figs 1-24 and 26-34.
`
`No fees are believed due in connection with this response. However, if fees are
`due, the Commissioner is requested to charge them to Deposit Account No. 50-0665.
`
`Chun Ng
`Registration No. 36,878
`
`--
`
`Date:_;+--'/!Jr...Lj.~-l)....._(_
`
`Correspondence Address:
`Customer No. 25096
`Perkins Coie LLP
`P.O. Box 1247
`Seattle, Washington 98111-1247
`(206) 359-8000
`
`[PATENT PATENT-US ffransmittal of Formal Drawings.doc] 1
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 10 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 11 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 12 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 13 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 14 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 15 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 16 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 17 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 18 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 19 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 20 of 50
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 21 of 50
`
`

`
`601
`
`602
`
`600
`
`User
`Ports
`
`Application 1
`(channel type
`channel instance)
`
`!Broadcaster
`
`I~
`
`I
`
`I
`
`'-
`
`I
`
`I
`
`I
`
`•
`•
`•
`
`601
`
`Application 2 l
`
`(channel type
`channel instance)
`__j
`
`lll
`
`I
`
`I
`
`" ....
`~,.,H
`
`•
`•
`•
`
`_j~ '1
`
`•
`•
`•
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`
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`603
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`
`fij)
`
`~
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 22 of 50
`
`

`
`701
`
`705
`
`Connect
`
`Seek
`portal
`
`706
`
`Connect
`request
`
`712
`
`Broadcast
`
`704
`
`Acquire
`message
`
`709
`Broadcast
`msg
`queue
`
`710
`
`Connect
`call back
`
`711
`
`Receive
`response
`
`700
`
`I
`
`I
`
`707
`
`702
`Handle~ al
`E msg 1
`Extern
`I
`dispatcher
`
`•
`•
`707
`
`Handle
`EmsgN
`
`708
`
`Handle
`Imsg 1
`
`•
`•
`•
`
`Handle
`ImsgN
`
`703
`Internal
`dispatcher!
`1
`
`. •
`
`•
`
`703
`
`Fig. 7
`
`~ .
`
`<
`
`~ . ,
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 23 of 50
`
`

`
`(Channel Type,
`Channel Instance,
`Connect Aux Info)
`
`Open call in port
`
`802
`
`Fig. 8
`
`Set connect-time
`
`803
`Seek portal - computer
`(channel type channel
`instance)
`
`Return (false)
`
`y
`
`Achieve connection
`
`806
`
`807
`
`Install external dispatcher
`
`808
`
`Install external dispatcher
`
`809
`
`Connect request
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 24 of 50
`
`

`
`Channel Type
`Channel Instance
`
`Select next depth
`
`Return (failure)
`
`Select next portal computer
`
`Fig. 9
`
`y
`
`N
`
`Dial portal computer
`
`Contact process
`
`909
`Hang up selected portal
`computer
`
`911
`Check for external
`call
`
`N
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 25 of 50
`
`

`
`Send external message
`
`Fig.JO
`
`1002
`Receive external message
`
`1005
`Add as connected portal t---=y'-<
`computer
`
`Return
`
`1006
`Add as fellow seeking
`computer
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 26 of 50
`
`

`
`Fig.ll
`
`1103
`Dial call in port of portal
`computer
`
`N
`
`Send external message
`
`1106
`Receive external message
`
`N
`
`1108
`Set expect holes from
`response
`
`1109
`Set diameter from response
`
`y
`
`Hang up
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 27 of 50
`
`

`
`Fig.12
`
`Answer
`
`N
`
`Add other as fellow seeker
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 28 of 50
`
`

`
`Fig. 13
`
`1301
`Connection - state = fully
`connected
`
`1302
`Notify fellow seekers
`
`1303
`Invoke connect call back
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 29 of 50
`
`

`
`1401
`Pick up and receive
`external message
`
`Fig. 14
`
`1416
`
`Hang up
`
`1404
`Handle seeking
`connection call
`
`1406
`Handle connection
`request call
`
`1408
`Handle edge proposal
`call
`
`1410
`
`Handle port
`connection call
`
`1412
`Handle connected
`statement
`
`1414
`Handle condition
`repair statement
`
`y
`
`Y
`
`Y
`
`y
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex. 1026 , p. 30 of 50
`
`

`
`1502
`Ser message to indicate f--....:':Y'-<
`connected
`
`Fig. 15
`
`N
`
`1503
`Set message to not
`connected
`
`1504
`Add other as fellow
`seeking process
`
`1505
`Send external message
`
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR, Ex.