`Art Unit: 2451
`
`Page 3
`
`It is noted that the I OS of 2/6/13, 2/11 /13, 2/12/13 represents multiple thousands of
`
`pages of highly technical disclosure, which meets the test of a "long list". Therefore, the
`
`determination of whether or not references are material to the patentability appears to
`
`be an issue.
`
`In the course of examining or treating a matter in a pending or abandoned
`
`application filed under 35 U.S.C. 111 or 371 (including a reissue application), in a
`
`patent, or in a reexamination proceeding, the examiner or other Office employee may
`
`require the submission, from individuals identified under§ 1.56(c), or any assignee, of
`
`such information as may be reasonably necessary to properly examine or treat the
`
`matter(CFR 1.105).
`
`The references cited in the IDS of 2/6/13, 2/11 /13, 2/12/13 will not be considered
`
`until an underlining of the most relevant documents is provided. Please do not delineate
`
`the references using a highlighter since the documents will be scanned and the
`
`highlighted sections will not be visible. Applicant's forthcoming assistance is gratefully
`
`anticipated.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(B) CONCLUSION.-The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming
`the subject matter which the applicant regards as his invention.
`
`Claims 7,8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`Unified Patents
`Exhibit 1002
`Page 2276 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 4
`
`subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards
`
`as the invention.
`
`As per claim 7,8, recites "the Web", there is insufficient antecedent basis for this
`
`limitation in the claim.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 1-7, 9-11 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over US Patent 5,704,029 issued to Wright, Jr.(Wright) in view of US Patent
`
`6,584,464 issued to Warthen in view of US Publication 2002/0007303 issued to
`
`Brookler et al.(Brookler).
`
`As per claim 1, Wright teaches a method for managing data including the steps
`
`of: (a) creating a questionnaire comprising a series of questions(Figs.1-11, Abstract); (b)
`
`thereby producing a plurality of tokens representing said questionnaire(Figs.1-11,
`
`Abstract); (c) transmitting said plurality of tokens to a remote computing device(col.13,
`
`lines 38-65); (d) executing at least a portion of said plurality of tokens representing said
`
`questionnaire at said remote computing device to collect a response from a user(col.13,
`
`lines 38-65).
`
`Unified Patents
`Exhibit 1002
`Page 2277 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 5
`
`Wright however does not explicitly teach tokenizing said questionnaire; (e)
`
`transmitting at least a portion of said response from the user to a server via a
`
`network; and (f) storing said response at said server. Wright however does suggest that
`
`the questionnaire is tokenized(Figs.1-11, Abstract, col.25, lines 1-50).
`
`Warthen explicitly teaches the known art of tokenizing(Abstract).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright to use the known method of tokenizing
`
`as taught by Warthen in order to provide the predictable result of tokenizing a survey.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to produce electronic surveys and feedback(Wright, Abstract).
`
`Wright in view of Warthen does not explicitly teach (e) transmitting at least a
`
`portion of said response from the user to a server via a network; and (f) storing said
`
`response at said server.
`
`Brookler explicitly teaches (e) transmitting at least a portion of said response
`
`from the user to a server via a network; and (f) storing said response at said
`
`server(Fig.1, para.0033).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen to include storing
`
`user's responses at the server as taught by Brookler in order to provide the predictable
`
`result of having all answered survey questions stored on the server.
`
`Unified Patents
`Exhibit 1002
`Page 2278 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 6
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to have a central location, e.g. server, for all results of a survey which provides
`
`ease of access for the surveyors(Brookler, para.0002).
`
`As per claim 2, the method for managing data of claim 1 further comprising the
`
`step of: (g) translating said response to a format recognizable by a particular computer
`
`program; and (h) accessing the translated response from a computer executing said
`
`particular computer program(Wright, Figs.1-11, Abstract, Brookler, para.0051 ).
`
`Motivation to combine set forth in claim 1 and/or Admitted Prior Art/Admitted Prior
`
`Art/Official Notice is taken; the feature is well known and obvious to one ordinary skill in
`
`the art.
`
`As per claim 3, the method for managing data of claim 1 wherein step (a)
`
`includes the substeps of: (a)creating a questionnaire by: (i) entering a series of
`
`questions into a questionnaire design computer program; (ii) identifying within said
`
`questionnaire design computer program the type of response allowed for each question
`
`of said series of questions; and (iii) identifying within said questionnaire design
`
`computer program a branching path in said questionnaire for each possible response to
`
`each question of said series of questions(Wright, Figs.1-11, Abstract). Motivation to
`
`combine set forth in claim 1 and/or Admitted Prior Art/Official Notice is taken; the feature
`
`is well known and obvious to one ordinary skill in the art.
`
`As per claim 4, the method for managing data of claim 1 wherein step (b)
`
`includes the substeps of: (b) tokenizing said questionnaire thereby producing a plurality
`
`of tokens representing said questionnaire by: (i) assigning at least one token to each
`
`Unified Patents
`Exhibit 1002
`Page 2279 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 7
`
`question of said series of questions; (ii) assigning at least one token to each response
`
`called for in said series of questions to identify the type of response required; and (iii)
`
`assigning at least one token to each branch in said questionnaire to identify
`
`the required program control associated with said branch(Wright, Figs.1-11, Abstract,
`
`Warthen, Abstract). Motivation to combine set forth in claim 1 and/or Admitted Prior
`
`Art/Official Notice is taken; the feature is well known and obvious to one ordinary skill in
`
`the art.
`
`As per claim 5, the method of data management of claim 1 wherein the
`
`transmission of said tokens in step (c) occurs via the network of step (e) (Brookler,
`
`Fig.1 ). Motivation to combine set forth in claim 1 and/or Admitted Prior Art/Official Notice
`
`is taken; the feature is well known and obvious to one ordinary skill in the art.
`
`As per claim 6, a method for modifying a questionnaire used in data
`
`management according to the method of claim 1 including the steps of:
`
`(a) making at least one incremental change to a portion of the questionnaire;
`
`(b) tokenizing said at least one incremental change to said questionnaire;
`
`(c) transmitting at least a portion of said tokens resulting from step (b) to a remote
`
`computing device, said transmitted tokens comprising less than the entire tokenized
`
`questionnaire; (d) incorporating said transmitted tokens into said questionnaire at said
`
`remote computing device(Wright, Figs.1-11, col.16, lines50-55, Abstract, Warthen,
`
`Abstract). Motivation to combine set forth in claim 1 and/or Admitted Prior Art/Official
`
`Notice is taken; the feature is well known and obvious to one ordinary skill in the art.
`
`Unified Patents
`Exhibit 1002
`Page 2280 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 8
`
`As per claims 7, 9-11 rejected for the same reasons as set forth above or
`
`Admitted Prior Art/Official Notice is taken; the feature is well known and obvious to one
`
`ordinary skill in the art.
`
`Claims 8 rejected under 35 U.S.C. 103(a) as being unpatentable over US
`
`Patent 5,704,029 issued to Wright, Jr.(Wright) in view of US Patent 6,584,464
`
`issued to Warthen in view of US Publication 2002/0007303 issued to Brookler et
`
`al.(Brookler) in view of US Publication 2001/0056374 issued to Joao.
`
`As per claim 8, Wright in view of Warthen in view of Brookler does not explicitly
`
`teach the method for collecting survey data according to claim 7 further comprising: (f)
`
`assessing a charge for each transferred response received by said central computer.
`
`Joao explicitly teaches (f) assessing a charge for each transferred response
`
`received by said central computer(para.0230).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen in view of Brookler to
`
`include assessing a charge for each transferred response received by said central
`
`computer as taught by Joao in order to receive compensation, a reward, a rebate,
`
`and/or an incentive (Joao, para. 0009).
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to facilitate commerce between any parties and/or any number of parties (Joao,
`
`para. 0009).
`
`Unified Patents
`Exhibit 1002
`Page 2281 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 9
`
`Claims 12-14, 16-18, 24,25, 28-31 are rejected under 35 U.S.C. 103(a) as
`
`being unpatentable over US Patent 5,704,029 issued to Wright, Jr.(Wright) in view
`
`of US Patent 6,584,464 issued to Warthen in view of US Publication 2002/0007303
`
`issued to Brookler et al.(Brookler) in view of US Patent 6,477,373 issued to
`
`Rappaport et al.(Rappaport).
`
`As per claim 12, Wright teaches a method for managing data comprising the
`
`steps of: (a) establishing communications between a handheld computing device and
`
`an originating computer; (b) receiving within said handheld computing device a
`
`transmission of a questionnaire from said originating computer, said questionnaire
`
`comprising a plurality of tokens; (d 1) executing at least a portion of said plurality of
`
`tokens comprising said questionnaire on said handheld computing device to collect at
`
`least one response from a user, and, (d2) storing within said computing device said at
`
`least one response from the user(Fig.1-11, Abstract, col.13, lines 38-65).
`
`Wright however does not explicitly teach tokenizing said questionnaire;(c) ending said
`
`communications between said handheld computing device and said
`
`originating computer; (d) after said communications has been ended,
`
`(e) establishing communications between said handheld computing device and a
`
`recipient computer; (f) transmitting a value representative of each of said at least one
`
`response stored within said handheld computing device to said recipient computer.
`
`Wright however does suggest that the questionnaire is tokenized(Figs.1-11,
`
`Abstract, col.25, lines 1-50).
`
`Warthen explicitly teaches the known art of tokenizing(Abstract).
`
`Unified Patents
`Exhibit 1002
`Page 2282 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 1 O
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright to use the known method of tokenizing
`
`as taught by Warthen in order to provide the predictable result of tokenizing a survey.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to produce electronic surveys and feedback(Wright, Abstract).
`
`Wright in view of Warthen does not explicitly teach ;(c) ending said
`
`communications between said handheld computing device and said originating
`
`computer; (d) after said communications has been ended, (e) establishing
`
`communications between said handheld computing device and a recipient computer; (f)
`
`transmitting a value representative of each of said at least one response stored within
`
`said handheld computing device to said recipient computer.
`
`Brookler explicitly teaches (f) transmitting a value representative of each of said
`
`at least one response stored within said handheld computing device to said recipient
`
`computer(Fig.1, para.0033).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen to include
`
`transmitting a value representative of each of said at least one response stored within
`
`said handheld computing device to said recipient computer as taught by Brookler in
`
`order to provide the predictable result of having all answered survey questions stored
`
`on the server.
`
`Unified Patents
`Exhibit 1002
`Page 2283 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 11
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to have a central location, e.g. server, for all results of a survey which provides
`
`ease of access for the surveyors(Brookler, para.0002).
`
`Wright in view of Warthen in view of Brookler does not explicitly teach ;(c) ending
`
`said communications between said handheld computing device and said originating
`
`computer; (d) after said communications has been ended, (e) establishing
`
`communications between said handheld computing device and a recipient computer.
`
`Rappaport explicitly teaches the known art of connection failure and reconnecting
`
`of mobile devices(Abstract).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen in view of Brookler to
`
`include the known art of connection failure and reconnecting of mobile devices as
`
`taught by Rappaport in order to provide the predictable result of when connection fails,
`
`the mobile device reconnects and sends information once there is a connection.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to provide reconnection to transfer information to a server.
`
`As per claim 13, the method for managing data according to Claim 12, wherein
`
`step (b) comprises the steps of: (b 1) creating a questionnaire, (b2) tokenizing said
`
`questionnaire, thereby producing a plurality of tokens representing said questionnaire,
`
`(b3) storing said plurality of tokens on a computer readable medium accessible
`
`by said originating computer, (b4) accessing said stored plurality of tokens from said
`
`originating computer, (b5) transmitting said stored plurality of tokens from said
`
`Unified Patents
`Exhibit 1002
`Page 2284 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 12
`
`originating computer to said handheld computing device, and, (b6) receiving within said
`
`handheld computing device said transmission of said tokenized questionnaire from said
`
`originating computer(Wright, Figs.1-11, col.16, lines50-55, Abstract, Warthen, Abstract).
`
`Motivation to combine set forth in claim 1 and/or Admitted Prior Art/Official Notice is
`
`taken; the feature is well known and obvious to one ordinary skill in the art.
`
`As per claim 14, the method for managing data according to Claim 12, wherein
`
`said originating computer and said recipient computer are a same computer(Wright,
`
`Figs.1-11, col.16, lines50-55, Abstract, Warthen, Abstract). Motivation to combine set
`
`forth in claim 1 and/or Admitted Prior Art/Official Notice is taken; the feature is well
`
`known and obvious to one ordinary skill in the art.
`
`As per claim 16, the method for managing data according to Claim 12, wherein
`
`said questionnaire comprises at least one question(Wright, Figs.1-11, col.16, lines50-
`
`55, Abstract, Warthen, Abstract). Motivation to combine set forth in claim 1 and/or
`
`Admitted Prior Art/Official Notice is taken; the feature is well known and obvious to one
`
`ordinary skill in the art.
`
`As per claim 17, the method for managing data according to Claim 16, wherein at
`
`least one of said at least one question is selected from a group consisting of a food
`
`quality question, a service quality question, a waiting time question, a store number
`
`question, a location question, a time question, a date question, a temperature question,
`
`and a time of day question(Wright, Figs.1-11, col.16, lines50-55, Abstract, Warthen,
`
`Abstract). Motivation to combine set forth in claim 1 and/or Admitted Prior Art/Official
`
`Notice is taken; the feature is well known and obvious to one ordinary skill in the art.
`
`Unified Patents
`Exhibit 1002
`Page 2285 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 13
`
`As per claim 18, the method for managing data according to Claim 12, wherein
`
`step (a) comprises the step of establishing communications via the Internet between
`
`said handheld computing device and said originating computer(Wright, Figs.1 -11,
`
`col.16, lines50-55, Abstract, Warthen, Abstract). Motivation to combine set forth in claim
`
`1 and/or Admitted Prior Art/Official Notice is taken; the feature is well known and
`
`obvious to one ordinary skill in the art.
`
`As per claim 24 rejected for the same reasons as set for above, and further (g)
`
`after receipt of said transmission of step (f), transmitting a notice of said received
`
`value representative of each of said at least one response to a second user(Brookler,
`
`para.0033) or Admitted Prior Art/Official Notice is taken; the feature is well known and
`
`obvious to one ordinary skill in the art.
`
`As per claims 25,28-31 rejected for the same reasons as set forth above or
`
`Admitted Prior Art/Official Notice is taken; the feature is well known and obvious to one
`
`ordinary skill in the art.
`
`Claims 15 rejected under 35 U.S.C. 103(a) as being unpatentable over US
`
`Patent 5,704,029 issued to Wright, Jr.(Wright) in view of US Patent 6,584,464
`
`issued to Warthen in view of US Publication 2002/0007303 issued to Brookler et
`
`al.(Brookler) in view of US Patent 6,477,373 issued to Rappaport et al.(Rappaport)
`
`in view of US Publication 2002/0137524 issued to Bade et al.(Bade).
`
`Wright in view of Warthen in view of Brookler in view of Rappaport teaches As
`
`per claim 15, the method for managing data according to Claim 12, wherein said step
`
`(di) comprises the steps of: executing at least a portion of said plurality of tokens
`
`Unified Patents
`Exhibit 1002
`Page 2286 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 14
`
`comprising said questionnaire on said handheld computing device to collect at least one
`
`response from a user.
`
`However does not explicitly teach the art of authentication.
`
`Bade explicitly teaches the well known method of authentication(Abstract).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Warthen in view of Brookler in view of
`
`Rappaport to include the known method of authentication as taught by Bade in order to
`
`provide the predictable result of authentication of a device.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to provide security for a mobile device and information.
`
`Claims 19-21, 26, 27 rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over US Patent 5,704,029 issued to Wright, Jr.(Wright) in view of US Patent
`
`6,584,464 issued to Warthen in view of in view of US Patent 6,477,373 issued to
`
`Rappaport et al.(Rappaport) in view of US Patent 6,462,708 issued to Tsujimoto et
`
`al.(Tsujimoto ).
`
`As per claim 19 Wright teaches method for managing data comprising the steps
`
`of: (a) establishing communications between a handheld computing device and an
`
`originating computer, (b) receiving within said handheld computing device a
`
`transmission of a questionnaire, said questionnaire comprising a plurality of tokens; (d
`
`I) executing at least a portion of said plurality of tokens comprising said questionnaire on
`
`said handheld computing device to (Figs.1-11, Abstract, col.25, lines 1-50).
`
`Wright does not explicitly teach tokenizing a questionnaire;
`
`Unified Patents
`Exhibit 1002
`Page 2287 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 15
`
`(c) ending said communications between said handheld computing device and
`
`said originating computer; (d) after said communications has been terminated, (e)
`
`establishing communications between said handheld computing device and a
`
`recipient computer;
`
`said handheld device having at least a capability to determine a current location
`
`thereof; collect at least said current location of said hand held computing device, and,
`
`(d2) storing within said handheld computing device said current location; (f) transmitting
`
`at least one value representative of said stored current location to said recipient
`
`computer.
`
`Warthen explicitly teaches the known art of tokenizing(Abstract).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright to use the known method of tokenizing
`
`as taught by Warthen in order to provide the predictable result of tokenizing a survey.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to produce electronic surveys and feedback(Wright, Abstract).
`
`Wright in view of Warthen does not explicitly teach
`
`(c) ending said communications between said handheld computing device and
`
`said originating computer; (d) after said communications has been terminated, (e)
`
`establishing communications between said handheld computing device and a
`
`recipient computer;
`
`Unified Patents
`Exhibit 1002
`Page 2288 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 16
`
`said handheld device having at least a capability to determine a current location
`
`thereof; collect at least said current location of said hand held computing device, and,
`
`(d2) storing within said handheld computing device said current location; (f) transmitting
`
`at least one value representative of said stored current location to said recipient
`
`computer.
`
`Rappaport explicitly teaches the known art of connection failure and reconnecting
`
`of mobile devices(Abstract).
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen to include the known
`
`art of connection failure and reconnecting of mobile devices as taught by Rappaport in
`
`order to provide the predictable result of when connection fails, the mobile device
`
`reconnects and sends information once there is a connection.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to provide reconnection to transfer information to a server.
`
`Wright in view of Warthen in view of Rappaport does not explicitly teach
`
`said handheld device having at least a capability to determine a current location thereof;
`
`collect at least said current location of said handheld computing device, and,
`
`(d2) storing within said handheld computing device said current location; (f) transmitting
`
`at least one value representative of said stored current location to said recipient
`
`computer.
`
`Tsujimoto explicitly teaches the known system of a mobile device with a GPS to
`
`determine location(col.1, lines 17-20).
`
`Unified Patents
`Exhibit 1002
`Page 2289 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 17
`
`Therefore it would have been obvious to one ordinary skill in the art at the time of
`
`the invention to modify the teachings of Wright in view of Warthen in view of Rappaport
`
`to include the use of GPS for mobile devices as taught by Tsujimoto in order to provide
`
`the predictable result of a determination of a GPS location of a mobile device.
`
`One ordinary skill in the art would have been motivated to combine the teachings
`
`in order to determine of a GPS location of a mobile device.
`
`As per claim 20, the method for managing data according to Claim 19 wherein
`
`said current location of said handheld computing device is determined using
`
`GPS(Tsujimoto, col.1, lines 17-20). Motivation to combine set forth in claim 1 and/or
`
`Admitted Prior Art/Official Notice is taken; the feature is well known and obvious to one
`
`ordinary skill in the art.
`
`As per claim 21, the method for managing data according to Claim 19, wherein
`
`said originating computer and said recipient computer are a same computer(Wright,
`
`Figs.1-11, col.16, lines50-55, Abstract, Warthen, Abstract). Motivation to combine set
`
`forth in claim 1 and/or Admitted Prior Art/Official Notice is taken; the feature is well
`
`known and obvious to one ordinary skill in the art.
`
`As per claims 26, 27 rejected for the same reasons as set forth above or
`
`Admitted Prior Art/Official Notice is taken; the feature is well known and obvious to one
`
`ordinary skill in the art.
`
`Response to Arguments
`
`Unified Patents
`Exhibit 1002
`Page 2290 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 18
`
`All objections/rejection not specifically addressed below are withdrawn due to
`
`applicant's remarks/amendments. The Declaration under CFR 1.131 is sufficient to
`
`overcome the Lew and Sendowski, those rejections are withdrawn.
`
`The applicant has not challenged the Official Notice that was taken, therefore
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`based upon MPEP 2144.03(C), the common knowledge or well-known statement is
`
`taken to be admitted prior art.
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`Applicant's arguments pertaining to the art filed 12/28/12 have been fully
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`considered but they are not persuasive. The applicant argues in substance, the prior art
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`does not teach, "tokenizing" as claimed by the applicant, page 20-25, is different than
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`the prior art.
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`In reply; In response to applicant's argument that the references fail to show
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`certain features of applicant's invention, it is noted that the features upon which
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`applicant relies (i.e., a token is a logical, mathematical, or branching operation) are not
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`recited in the rejected claim(s). Although the claims are interpreted in light of the
`
`specification, limitations from the specification are not read into the claims. See In re
`
`Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
`
`In further, where applicant acts as his or her own lexicographer to specifically
`
`define a term of a claim contrary to its ordinary meaning, the written description must
`
`clearly redefine the claim term and set forth the uncommon definition so as to put one
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`reasonably skilled in the art on notice that the applicant intended to so redefine that
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`claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52
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`USPQ2d 1029, 1033 (Fed. Cir. 1999). The applicant has not clearly distinguish the term
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`Unified Patents
`Exhibit 1002
`Page 2291 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 19
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`"tokenizing", from the prior art beyond providing para.0054-0055, in which describes,
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`"Each token preferably corresponds to a logical. ... ", however this is merely a
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`suggestion of what a token can be. Nowhere in para.0054-0055, does it clearly define
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`"tokenizing" nor does the claim recite a specific definition. As such, Warthen, Abstract,
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`clearly teaches tokenizing.
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`Examiner's Remarks
`
`The Office encourages the applicant to point to specific location in the
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`specification for all amendments made in the instant specification and all parent
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`applications in order to advance prosecution of the application.
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`The cited particular columns and line numbers in the references as applied to the
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`claims above for the convenience of the applicant. Although the specified citations are
`
`representative of the teachings of the art and are applied to the specific limitations
`
`within the individual claim, other passages and figures may apply as well. It is
`
`respectfully requested from the applicant in preparing responses, to fully consider the
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`references in its entirety as potentially teaching of all or part of the claimed invention.
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`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`Unified Patents
`Exhibit 1002
`Page 2292 of 2584
`
`
`
`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 20
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action. In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Backhean Tiv whose telephone number is (571) 272-
`
`5654. The examiner can normally be reached on M-T 7-5.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, John Follansbee can be reached on (571) 272-3964. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
`
`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). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Backhean Tiv/
`Primary Examiner, Art Unit 2451
`
`Unified Patents
`Exhibit 1002
`Page 2293 of 2584
`
`
`
`)
`PTO/SB/08a (01-
`c code: IDS
`Approved for use through 07/31/2012. OMB 0651-
`31
`Do description: Information Disclosure Statement (IDS) Filed
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COM RCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB contro
`
`ION DISCLOSURE
`BY APPLICANT
`under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`12910706
`
`2010-10-22
`
`First Named Inventor Payne
`
`Art Unit
`
`2451
`
`Examiner Name
`
`BACHHEAN TIV
`
`Attorney Docket Number
`
`71855/10-351
`
`Examiner Cite
`Initial*
`No
`
`Patent Number
`
`Issue Date
`
`Name of Patentee or Ap
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`U.S.PATENTS
`
`Remove
`
`Examiner c·t N Publication
`1 e 0 Number
`Initial*
`
`Kind
`Code1
`
`Add
`
`Remove
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`