ervnce in an enve ope
`-
`p
`g
`V
`
`bearing First Class Postage and addressed to the Commissioner for Patents PO. Box 1450, Alexandria, VA 22313-1450, on the below date
`of deosit.
`
`
`‘ameo 'erson
`Julie Williams
`ignatureo t e 'erson “
`
`Makin- the De-osit:
`Makin- the De osit: -
`
`
`
`Iaeo
`De sit:
`
`12 15 03
`
`
`
`
`
`In re Application of: E. Michael Lunsford, Steve Parker, David Kammer and David Moore
`
`Serial No.: 09/727,727
`
`Examiner: Milord, Marceau
`
`Filed: 11/30/00
`
`Art Unit: 2682
`
`For: A METHOD AND SYSTEM FOR WIRELESSLY AUTODIALING A TELEPHONE NUMBER FROM A RECORD
`
`STORED ON A PERSONAL INFORMATION DEVICE
`
`,
`
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`AMENDMENT TRANSMITTAL
`,.
`Transmitted herewith is an amendment for this application
`
`1 .
`
`RECEIVED
`
`DEC 2 2 2003
`
`Technology Center 2600
`
`me Transmitted herewith is a response to an office action for the above identified patent application.
`(
`7
`sheets)
`........... Transmitted herewith are
`........... Other:
`
`sheets of substitute formal drawings_
`
`2.
`
`Applicant is other than a small entity
`
`Extension of Term
`
`3.
`
`(a)
`
`The proceedings herein are for a patent application and the provisions of 37 C.F.R. 1.136 apply.
`
`[
`
`]
`
`Applicant petitions for an extension of time under 37 C.F.R. 1.136
`(fees: 37 C.F.R. 1 .17(a)-(d) for the total number of months checked belowz)
`
`mm m.
`[ ]one month
`$110.00
`[ ]two months
`$420.00
`[ ]three months
`$950.00
`[ ]fourmonths
`$1,480.00
`
`Fee $
`
`If an additional extension of time is required, please consider this a petition therefor.
`
`(b)
`
`[X]
`
`Applicant believes that no extension of term is required. However, this conditional petition is
`being made to provide for the possibility that applicant has inadvertently overlooked the
`need for a petition for extension of time.
`
`1nf9
`
`ran 1 1/09 Ivar
`
`UNIFIED 1009
`
`UNIFIED 1009
`
`1
`
`
`-
`p
`g
`V
`
`bearing First Class Postage and addressed to the Commissioner for Patents PO. Box 1450, Alexandria, VA 22313-1450, on the below date
`of deosit.
`
`
`‘ameo 'erson
`Julie Williams
`ignatureo t e 'erson “
`
`Makin- the De-osit:
`Makin- the De osit: -
`
`
`
`Iaeo
`De sit:
`
`12 15 03
`
`
`
`
`
`In re Application of: E. Michael Lunsford, Steve Parker, David Kammer and David Moore
`
`Serial No.: 09/727,727
`
`Examiner: Milord, Marceau
`
`Filed: 11/30/00
`
`Art Unit: 2682
`
`For: A METHOD AND SYSTEM FOR WIRELESSLY AUTODIALING A TELEPHONE NUMBER FROM A RECORD
`
`STORED ON A PERSONAL INFORMATION DEVICE
`
`,
`
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`AMENDMENT TRANSMITTAL
`,.
`Transmitted herewith is an amendment for this application
`
`1 .
`
`RECEIVED
`
`DEC 2 2 2003
`
`Technology Center 2600
`
`me Transmitted herewith is a response to an office action for the above identified patent application.
`(
`7
`sheets)
`........... Transmitted herewith are
`........... Other:
`
`sheets of substitute formal drawings_
`
`2.
`
`Applicant is other than a small entity
`
`Extension of Term
`
`3.
`
`(a)
`
`The proceedings herein are for a patent application and the provisions of 37 C.F.R. 1.136 apply.
`
`[
`
`]
`
`Applicant petitions for an extension of time under 37 C.F.R. 1.136
`(fees: 37 C.F.R. 1 .17(a)-(d) for the total number of months checked belowz)
`
`mm m.
`[ ]one month
`$110.00
`[ ]two months
`$420.00
`[ ]three months
`$950.00
`[ ]fourmonths
`$1,480.00
`
`Fee $
`
`If an additional extension of time is required, please consider this a petition therefor.
`
`(b)
`
`[X]
`
`Applicant believes that no extension of term is required. However, this conditional petition is
`being made to provide for the possibility that applicant has inadvertently overlooked the
`need for a petition for extension of time.
`
`1nf9
`
`ran 1 1/09 Ivar
`
`UNIFIED 1009
`
`UNIFIED 1009
`
`1
`
`
`
`.
`
`Attorney Docket No.: 3C.-2910.WHD.US.P
`
`4.
`
`The fee for claims (37 C.F.R. 1.16(b)-(d)) has been calculated as shown below:
`
`Fee Calculation
`
`
` f
`or other than a small entit
`Highest Number
`
`Fee items
`of Claims
`Previously Paid
`
`Present
`Extra Claims
`
`Fee Rate
`
`Claims
`Remaining After
`Amendment
`
`
`
`
`
`
`
`‘- X$18.00
`- x$86.00
`$290.00
`Multiple Dependent Claim Fee (one or more, first added by this
`amendment
`
`
`Total Fees
`
`
`$0.00
`$0.00
`$0.00
`
`-mu. »
`__
`.
`‘ru‘
`.
`.y
`,
`
`.
`
`5.
`
`The full fee due in connection with this communication is
`provided as follows:
`
`«
`Technology Lenter 2600
`
`PAYMENT OF FEES
`
`DEC 2 2 2003
`
`[ x ] The Commissioner is hereby authorized to charge any additional fees associated with this
`communication or credit any overpayment to Deposit Account No.: 23-0085 .
`A duplicate copy of this authorization is enclosed.
`
`[
`
`[
`
`]
`
`]
`
`Acheck in the amount of§
`
`Charge any fees required or credit any overpayments associated with this filing to Deposit
`Account No.:
`23-0085.
`
`Please direct all correspondence concerning the above-identified application to the following
`address:
`
`WAGNER, MURABITO 8: HAO LLP
`Two North Market Street, Third Floor
`San Jose, California 95113
`(408) 938-9060
`
`Respectfully submitted,
`
`j“? /5_ 03 WW
`
`Ronald M. Pomerenke
`Reg. No. 43,009
`
`Da‘ei
`
`9nf9
`
`ran 1 1/09 I/nr
`
`2
`
`
`
`‘I-w,
`
`o
`
`a
`
`3
`
`3COM-2910.WHD.US.P
`
`Patent
`
`
`
`1F (3
`5 M C
`I {5/011
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Examiner: Milord, Marceau
`
`Art Unit:
`
`2682
`
`R EC EIVED
`
`DEC 2 2 2003
`
`Technoiogy Center 260Q
`
`In re Application of
`
`Lunsford et al.
`
`Serial No. 09/727,727
`
`Filing Date: November 30, 2000
`
`For: A Method and System for
`Wirelessly Autodialing a
`Telephone Number from a
`Record Stored on a Personal
`Information Device
`
`) ) ) )l
`
`) )
`
`)
`)
`)
`)
`
`)3
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`RESPONSE TO OFFICE ACTION
`
`Dear Sir:
`
`In response to the Office Action mailed October 9, 2003, the following
`
`responses to the above captioned patent application are respectfully
`
`submitted. Reconsideration of the above captioned patent application is
`
`respectfully requested.
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 1 -
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`3
`
`
`
`._
`
`.
`
`.
`
`Q
`
`4
`
`.
`
`The claims remaining in the present application are Claims 19-34.
`
`REMARKS
`
`35 U.S.C. 103
`
`Claims 19-34 are rejected under 35 U.S.C. §103 as being unpatentable over Bell
`
`US. Patent No. 6,600,902 B1 (hereinafter, Bell) in view of Charlier, US. Patent
`
`No. 6,577,877 B1 (hereinafter, Charlier). The rejection is respectfully traversed
`
`for the following reasons.
`
`Independent Claim 19 recites:
`
`An automated telephone dialing system, comprising:
`a telephone having a wireless port for short range wireless
`data transfer; and
`a personal information device having a wireless port for
`communication with the Wireless port of the telephone, the personal
`information device configlred to control the telephone via a wireless
`communication such that the telephone dials a telephone number
`stored on the personal information device (emphasis added).
`
`Claim 19 recites a system that comprises at least two devices: a telephone
`
`and a personal information device. Claim 19 recites that the personal
`
`information device is able to cause the telephone to dial a telephone number
`
`that is stored on the personal information device. Applicants respectfully
`
`assert that the neither Bell nor Charlier teach or suggest the limitations of
`
`Claim 19, alone or in combination.
`
`Bell teaches a wireless system that allows information to be transferred
`
`from one device to another. However, Applicants have claimed more than
`
`transference of information between one device and another. Applicants
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 2-
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`4
`
`
`
`have claimed that a first device is configured to cause a second device to dial
`
`a telephone number stored on the first device. Bell fails to teach or suggest
`
`the limitation Applicants have underscored above in Claim 19.
`
`Figure 1 of Bell may illustrate a system comprising multiple wireless
`
`stations that can communicate with one another. However, Figure 1 of Bell
`
`fails to teach or suggest that a first device is configured to cause a second
`
`device to dial a telephone number stored on the first device, as claimed by
`
`Applicants.
`
`Figure 2 of Bell illustrates a functional block diagram of a single one of the
`
`wireless devices (col. 4, lines 42-43). The single wireless device may have
`
`various transceivers 20, 21, 22 and a phone book 25A in RAM 25. However,
`
`Applicants do not understand Figure 2 or the associated text (col. 4, line 42
`
`— col. 5 line 9) to teach or suggest a first device being configured to control a
`
`second device such that it causes the second device to dial a telephone
`
`number stored on the first device.
`
`In contrast, Applicants understand Bell to teach that an application may be
`transferred from one device to another. Figure '2 of Bell depicts an
`
`application 27 in ROM 26. At col. 5, line 5 Bell teaches that the application
`
`27 is distributed over the wireless stations 3-6. Bell further states that the
`
`application is a computer program implementing a multiple link data
`
`object conveying a method according to the invention (col. 5, lines 7~9).
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 3 -
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`5
`
`
`
`At col. 5, line 17 et seq. Bell describes the application in more detail,
`
`indicating that Bell envisions the application as “a virtual business card” or
`
`“virtual calendar information”. Applicants note that Bell is silent as to
`
`transferring a telephone number between the devices. Moreover,
`
`Applicants note that the telephone book 25A is located in RAM 25, whereas
`
`Bell indicates that the application 27 that is transferred is located in ROM
`
`26.
`
`Further, even if it is assumed arguendo that Bell suggests that a telephone
`
`number may be transferred from one device to another, Bell does not teach
`
`or suggest the claimed limitation of the first device controlling the second
`
`device such that the second device dials the telephone number that is stored
`
`on the first device.
`
`Bell does state that the wireless device may be capable of making a
`
`telephone call. However, Bell does not teach or suggest that the dialing of
`
`the telephone call at one device is controlled in some fashion by another
`
`device, as Applicants have claimed. At col. 5, line 26 et seq. Bell discloses
`
`that a typical situation is a multiple conveyance, for example, swapping of
`
`business cards and calendar information in a business meeting.
`
`Applicants note that in step 34 of Figure 3 of Bell and the associated text Bell
`
`indicates that the telephone call being placed is an ‘other function’. Thus,
`
`suggesting that the placing of the telephone call is unrelated to the
`
`information transference. Step 33 of Figure 3 is a test to determine if
`
`information is to be swapped. If information is m to be swapped, then step
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 4-
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`6
`
`
`
`34 is performed, which comprises some other function. Bell indicates that
`
`this other function may be displaying information on the screen or making
`
`a telephone call. If the user desires to convey business cards, then the
`
`process of Figure 3 goes on to step 35 to swap the information (col. 5, lines
`
`35-41).
`
`Bell at col. 6, lines 1-38 discusses the use of a personal identification code
`
`(PIN). The use of PINs is to facilitate authentication of “business card
`
`conveying capable links” (col. 6, lines 4-8). However, Applicants do not
`
`understand this passage to be of relevance to the currently discussed claim
`
`limitation.
`
`For the foregoing reasons, Bell fails to teach or suggest the claimed
`
`limitation of the personal information device configpred to control the
`
`telephone via a wireless communication such that the telephone dials a
`
`telephone number stored on the personal information device.
`
`Charlier fails to remedy this deficiency in Bell. As such, the combination of
`
`Bell and Charlier fails to teach or suggest this claimed limitation. Charlier
`
`relates to a Wireless infrared interface for a communication device.
`
`Applicants do not understand Charlier to provide any teaching or
`
`suggestion as to a first device being configured to control a second device,
`
`such that second device dials a telephone number stored on the first device.
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 5 -
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`7
`
`
`
`For the foregoing reasons, neither Bell nor Charlier teach or suggest the
`
`limitations of Claim 19, alone or in combination. As such, Applicants
`
`respectfully request the allowance of Claim 19.
`
`Claim 27 recites:
`
`An automatic wireless telephone dialing method, comprising the
`steps of:
`a) establishing a wireless communications link for a short
`range data transfer between a telephone and a personal information
`device;
`b) accessing a telephone number stored on the personal
`information device; and
`c) controlling the telephone using the personal information
`device to cause the telephone to dial the telephone number stored on
`the personal information device (emphasis added).
`
`For the reasons discussed in the response to Claim 19, Claim 27 is neither
`
`taught nor suggested by Bell or Charlier, alone or in combination. As such,
`
`Applicants respectfully request the allowance of Claim 27.
`
`Claims 20-26 and 28-34 depend from Claims 19 and 34, which are believed to be
`
`allowable for the foregoing rationale. As such, Claims 20-26 and 28-34 are
`
`believed to be allowable.
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 6-
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`8
`
`
`
`"3‘2:
`
`In light of the above listed remarks, reconsideration of the rejected Claims is
`
`W
`
`requested. Based on the arguments presented above, it is respectfully
`
`submitted that Claims 19-34 overcome the rejections of record and, therefore,
`
`allowance of Claims 19-34 is solicited.
`
`Should the Examiner have a question regarding the instant amendment and
`
`response, the Applicants invite the Examiner to contact the Applicants’
`
`undersigned representative at the below listed telephone number.
`
`Respectfully submitted,
`WAGNER, MURABI 0 & HA0 LLP
`
`Dated:
`
`/07 /
`
`,2003
`
`Ronald M. Pomerenke
`
`Registration No. 43,009
`
`Address:
`
`WAGNER, MURABITO & HAO LLP
`Two North Market Street
`Third Floor
`
`San Jose, California 95113
`
`Telephone:
`
`(408) 938-9060 Voice
`(408) 938-9069 Facsimile
`
`Serial No. 09/727,727
`Examiner: Milord, Marceau
`
`- 7 -
`
`Art Unit 2682
`3COM-2910.WHD.US.P
`
`9
`
`
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