Attorney Docket No.: 3COM-2910.WHD.US.P
`
`02/6311
`
` Y
`
`P
`-
`9
`bearingIFIrst Class Postage and addressed to the Commissioner for Patents P.O. Box 1450, Alexandria, VA 22313-1450, on the below date
`of de osit.
`
`
`
`Iateo
`Decosit:
`
`06 09 04
`
`‘ameo 'erson
`Makin. the De-osit:
`
`Julie Williams
`
`Ignatureo t e 'erson ‘ , N
`Makin the De-osit:
`in“ A ‘ .
`
`. AM“
`
`In re Application of: E. Michael Lunsford, Steve Parker, David Kammer and David
`
`oore
`
`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 0N A‘PERSONAL INFORMATION DEVICE
`
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`,
`AMENDMENT TRANSMITTAL
`.
`.
`.
`.
`.
`.
`TransmItted hereWIth Is an amendment for We appIIcatIon
`
`1 .
`
`R E C E IVE D
`
`JUN 2 3 2004
`
`Technology Center 2600
`
`___________ 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)
`
`Extension
`[ ]one month
`[ ]two months
`[ ]three months
`[ ]four months
`
`F_ee
`$110.00
`$420.00
`$950.00
`$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.
`
`1 of 2
`
`rev. 11/98 kgr
`
`UNIFIED 101 1
`
`UNIFIED 1011
`
`
`
`02/6311
`
` Y
`
`P
`-
`9
`bearingIFIrst Class Postage and addressed to the Commissioner for Patents P.O. Box 1450, Alexandria, VA 22313-1450, on the below date
`of de osit.
`
`
`
`Iateo
`Decosit:
`
`06 09 04
`
`‘ameo 'erson
`Makin. the De-osit:
`
`Julie Williams
`
`Ignatureo t e 'erson ‘ , N
`Makin the De-osit:
`in“ A ‘ .
`
`. AM“
`
`In re Application of: E. Michael Lunsford, Steve Parker, David Kammer and David
`
`oore
`
`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 0N A‘PERSONAL INFORMATION DEVICE
`
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`,
`AMENDMENT TRANSMITTAL
`.
`.
`.
`.
`.
`.
`TransmItted hereWIth Is an amendment for We appIIcatIon
`
`1 .
`
`R E C E IVE D
`
`JUN 2 3 2004
`
`Technology Center 2600
`
`___________ 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)
`
`Extension
`[ ]one month
`[ ]two months
`[ ]three months
`[ ]four months
`
`F_ee
`$110.00
`$420.00
`$950.00
`$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.
`
`1 of 2
`
`rev. 11/98 kgr
`
`UNIFIED 101 1
`
`UNIFIED 1011
`
`
`
`Attorney Docket No.: 3COM-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
`
`for other than a small entit
`
`Highest Number
`of Claims
`Previously Paid
`
`Extra Claims
`
`Claims
`Remaining After
`Amendment
`Total Claims -—-_ xs18.oo
`Indeendent Claims——.- X$86.oo
`Multiple Dependent Claim Fee (one or more, first added by this
`$290 . 00
`amendment
`Total Fees
`
`Fee Items
`
`Fee Rate
`
`
`
`PAYMENT OF FEES
`
`The full fee due in connection with this communication is
`provided as follows:
`
`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.
`
`A check in the amount of §_
`
`Charge any fees required or credit any overpayments associated with this filing to Deposit
`Account No.:
`23-0985.
`
`Please direct all correspondence concerning the above-identified application to the following
`address:
`
`WAGNER, MURABITO & HAO LLP
`Two North Market Street, Third Floor
`San Jose, California 95113
`(408) 938-9060
`Customer No: 000041066
`
`Respectfully submitted,
`
`Date:
`
`
`
`John P. Wagner, Jr.
`Reg. No. 35,398
`
`20f2
`
`rev. 11/98 kgr
`
`
`
`L"
`
`g
`k
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Lunsford et al.
`
`Serial No.:
`
`09/727,727
`
`Filed:
`
`November 30, 2000
`
`vvvvvvvv
`
`For: A METHOD AND SYSTEM FOR)
`WIRELESSLY AUTODIALING A
`)
`
`TELEPHONE NUMBER FROM A
`)
`RECORD STORED ON A PERSONAL)
`INFORMATION DEVICE
`;
`
`Commissioner for Patents
`
`Alexandria, VA 22313
`
`Examiner:
`
`Milford, M.
`
`Art Unit:
`
`2682
`
`REC E IVE D
`JUN 2 3 2004
`Technology Center 2600
`
`RESPONSE TO OFFICE ACTION
`
`Dear Sir:
`
`In response to the Office Action dated March 12, 2004, Applicant
`
`respectfully requests the Examiner to consider the following remarks.
`
`REMARKS
`
`Claims 19-34 remain pending in the Application.
`
`BCOM-2910.WHD.US.P
`Examiner: Milford, M.
`
`1
`
`Serial No.: 09/727,727
`Group Art Unit: 2682
`
`
`
`Reiections under 35 USC 103(a)
`
`Claims 19-34
`
`In the Office Action, the Examiner rejected Claims 19-34 under 35 USC
`
`103(a) as being unpatentable over Bell (6,600,902 B1) in view of Sutphin
`
`(5,109,403). Applicant has reviewed Bell in view of Sutphin and respectfully
`
`asserts that the claimed embodiments of the present invention are not obvious
`
`in view of Bell and Sutphin for the following rationale.
`
`Applicant respectfully states that Independent Claims 19 and 27 recite
`
`the feature “a personal information device configured to control a telephone via
`
`a wireless communication such that the telephone dials a number stored on
`
`the personal information device (PID).” As the Examiner has stated, Bell does
`
`not teach or disclose the present feature.
`
`However, Applicant respectfully disagrees that Sutphin remedies the
`
`deficiencies of Bell. Moreover, Applicant understands Sutphin to teach away
`
`from a further feature of Claims 19 and 27. That is, Claims 19 and 27 include
`
`the feature “transferring data over a wireless port for short range wireless data
`
`transfer.” That is, the port for transferring data between the PID and the
`
`telephone is a short-range wireless port. As clearly described in the
`
`specification of the present invention, one embodiment of the technology is
`
`Bluetooth with a limited range (a few feet to a few tens of feet). Applicant
`
`understands Sutphin to teach away from the use of the wireless port and
`
`3COM-2910.WHD.US.P
`Examiner: Milford, M.
`
`2
`
`Serial No.: 09/727,727
`Group Art Unit: 2682
`
`
`
`instead Applicant understands Sutphin (e.g., Figure 1) to utilize the mobile
`
`telephone switching office and a cell—site facility to place a call to a mobile
`
`telephone over a network in the standard fashion for most mobile phone
`
`technology. Therefore, the telephone may be any distance from the host
`
`computer of Sutphin, including across the country, or even the planet, as long
`
`as it is in the mobile network range.
`
`Therefore, the combination of Sutphin with Bell is not obvious due to the
`
`different technologies utilized. As such, the combination of Bell and Sutphin is
`
`improper. Specifically, Sutphin does not teach utilizing a short-range wireless
`
`data transfer at all.
`
`In addition to utilizing a completely different and incompatible wireless
`
`communications method, Applicant respectfully disagrees that. Sutphin
`
`remedies the deficiencies of Bell with respect to the feature “a personal
`
`information device configured to control a telephone via a wireless
`
`communication such that the telephone dials a number stored on the personal
`
`information device (PID)."
`
`Applicant understands Sutphin to teach placing a call to a mobile
`
`telephone from a host computer over a network in a standard fashion. That is,
`
`Applicant understands the mobile phone of Sutphin to monitor the network and
`
`receive a phone call from a host computer via the paging network (the phone
`
`300M-2910.WHD.US.P
`Examiner: Milford, M.
`
`3
`
`Serial No.: 09/727,727
`Group Art Unit: 2682
`
`
`
`constantly monitors the paging network in order to receive any type of call). An
`
`alert signal (e.g., a ring) is generated in the telephone in response to the
`
`initiation signal, and an answer signal is generated by the telephone if a user
`
`answers the call (e.g., the phone signals the host computer that the phone has
`
`been answered) (Abstract).
`
`Applicant further understands Sutphin to teach utilizing a host computer
`
`to initiate a call to the target, or the target to initiate a call to the host, as shown
`
`in Figure 4. Therefore, the host computer of Sutphin does not disclose the
`
`feature of a PID configured to control the telephone via a wireless
`
`communication such that the telephone dials a number stored on the PID.
`
`Instead, Sutphin teaches utilizing the standard mobile network to place a call to
`
`the telephone and await the telephones answer, or for the telephone to initiate
`
`a call to the host. Applicant understands no teachings of Sutphin to utilize the
`
`host to cause the telephone to initiate a call to a number stored on the host and
`
`not on the telephone.
`
`Therefore, Bell in view of Sutphin fails to teach or suggest the Claimed
`
`features of Claims 19 and 27 and, as such, Claims 19 and 27 overcome the
`
`Examiner’s basis for rejections under 35 USC 103(a).
`
`In addition, Claims 20 through 26 depend from the allowable Claim 19
`
`and recite further features of the present claimed invention. Furthermore,
`
`SCOM-2910.WHD.US.P
`Examiner: Milford, M.
`
`4
`
`Serial No.: 09/727,727
`Group Art Unit: 2682
`
`
`
`Claims 28-34 depend from the allowable Claim 27 and recite further features
`
`of the present claimed invention. Therefore, Applicant respect states that
`
`.Claims 20-26 and 28-34 are allowable as pending from allowable base
`
`Claims.
`
`CONCLUSION
`
`In light of the above amendments and remarks, Applicant respectfully
`
`requests allowance of Claims 19-34.
`
`The Examiner is invited to contact Applicants’ undersigned
`
`representative if the Examiner believes such action would expedite resolution
`
`of the present Application.
`
`Respectfully submitted,
`
`WAGNER, MURABITO & HAO LLP
`
`John P. Wagner Jr.
`Reg. No. 35,398
`
`Two North Market Street
`
`Third Floor
`
`San Jose, California 95113
`(408) 938-9060
`
`300M-2910.WHD.US.P
`Examiner: Milford, M.
`
`5
`
`Serial No.: 09/727,727
`Group Art Unit: 2682
`
`
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