`
`Notice ofAllowability
`
`09/343,607
`Examiner
`
`Application No.
`
`OF
`
`Applicant(s)
`
`ALSAFADI ET AL.
`Art Unit
`
`John Q. Chavis
`
`2124
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSEDin 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 ALLOWABILITY IS NOT A GRANT OF PATENTRIGHTS. This application is subject to withdrawal from issueat theinitiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.) This communicationis responsive to 5-7-02.
`2. (7 The allowed claim(s)is/are 1-21.
`
`3. The drawingsfiled on
`are accepted by the Examiner.
`4.0 Acknowledgmentis maceofa claim forforeign priority under 35 U.S.C. § 119(a}-(d) or (f).
`a) AH
`b)(1Some*
`c}L)None
`of the:
`1.) Certified copies of the priority documents have been received.
`2. LJ Certified copies of the priority documents have been received in Application No.
`3. [ Copies ofthe certified copies of the priority documents have beenreceivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`| Acknowledgmentis madeofa claim for domestic priority under 35 U.S.C. § 119(@) (to a provisional application).
`(a) () Thetransiation of the foreign language provisional application has been received.
`6.0 Acknowledgmentis madeof a claim for domestic priority under 35 U.S.C. §§ 120 and/or121.
`
`
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE”of this communicationtofile a reply complying with the requirements noted
`below. Failure to timely complywill result in ABANDONMENTofthis application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`7.) A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) whythe oath or declaration is deficient.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`8. EJ CORRECTED DRAWINGSmust be submitted.
`(a) C1]
`including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948)attached
`1) hereto or 2) BJ to Paper No. 6.
`, which has been approved by the Examiner.
`(b) [) including changes required by the proposed drawingcorrectionfiled
`(c) 2 including changes required by the attached Examiner’s Amendment / Commentorin the Office action of Paper No.
`
`
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsIn the top margin (not the back)
`of each sheet. The drawings should befiled as a separate paperwith a transmittal letter addressed to the Official Draftsperson.
`
`9. (J DEPOSIT OF and/or INFORMATIONaboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`
`1B] Notice of References Cited (PTO-892)
`3C] Notice of Draftperson's Patent Drawing Review (PTO-948)
`5) Information Disclosure Statements (PTO-1449), Paper No.
`70] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`.
`
`21 Notice of Informal Patent Application (PTO-152)
`4(0 Interview Summary (PTO-413), Paper No.
`6L] Examiner's Amendment/Comment
`8] Examiner's Statement of Reasons for Allowance
`9C] Other
`
`:
`
`
`
`
`
`
`
`
`
`
`
` U.S. Patent and Trademark Office
`PTO-37 (Rev. 04-01)
`Notice of Allowability
`Part of Paper No. 8 .
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0001
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`


`
`

`

`
`
`Application/Control Number: 09/343,607
`Art Unit: 2124
`
`Page 2
`
`Reason for Allowance
`
`The following is an examiner’s statementofreasonsfor allowance: The applicant argues
`thatCarrol fails to teach “receiving information representative of a configuration request”.
`However, see Carrols fig. 3, item 320 (placing order). The placing of a orderis inherently
`
`“information representative of a request”. It is further specified that Carrol does not teach or
`
`suggest comparing the determined (requested) componentandat least one additional component
`to at least one of an acceptable or an unacceptablelist. Carrol, as indicated in the previous action
`compares the requested component with an acceptable list (one ofan acceptable and an
`unacceptablelist); however, he does not teach or suggest comparing an additional component
`with one ofthelist in response to a request. Therefore, the claims are allowable overthe art of
`
`record.
`
`Any comments considered necessary by applicant must be submitted no later than the
`paymentofthe 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.”
`
`Anyinquiry concerning this communication or earlier communications from the
`examiner should be directed to John Q. Chavis whose telephone numberis 703-305-9665. The
`
`examiner can normally be reached on 8:30-5:00.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, Gregory Morse can be reached on 703-308-4789. The fax phone numbers for the
`organization where this application or proceeding is assigned are 703-746-7239 for regular
`communications and 703-746-7238 for After Final communications.
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0002
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`


`
`
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`

`

`Application/Control Number: 09/343,607
`Art Unit: 2124
`
`Page 3
`
`Anyinquiry of a general nature orrelating to the status ofthis application or proceeding
`
`should be directed to the receptionist whose telephone numberis 703-306-3900.
`
`Jqc
`July 27, 2002
`
`neATENTTFEXAMINER
`Soa CENTER 2100
`
`
`
`APPLE
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`EXHIBIT 1009 - PAGE 0003
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`

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`
`F2 ang aD~S©
`
`
`
`
`Application/Contral No.
`Applicant(s)/Patent Under
`Reéxamination
`
`09/343,607
`
`ALSAFADI ET AL,
`
`Examiner
`
`
`
`John Q. Chavis
`
`
`
`U.S. PATENT DOCUMENTS
`5
`worry|Neda
`
`
`
`
`
`
`
`CcpacooO&&nN
`04-1999|Richley, ThomasE.|7300|¥
`
`
`PE[e [usscenas eon [emtrrJ
`
`
`
`
` Document Number
`
`
`Country Code-Number-Kind Code
`0308056
`
`
`
`Date
`MM-YYYY
`03-1989
`
`Country
`
` “A copyofthis referenceis not being fumished with this Office action, (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be USorforeign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 8
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0004
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`


`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFIGE
`United States Patent and Trademark O:
`UNITED STATES DEPARTMENT OF COMMERCE
`Addregs: COMMISSIONER OF PATENTSaNDTENADEMARKS
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`07/29/2002
`7590
`f
`_ CORPORATE PATENT COUNSEL
`US PHILIPS CORPORATION
`580 WHITE PLAINS ROAD
`TARRYTOWN,NY 10591
`’
`
`APPLICATION NO.
`
`CHAVIS, JOHN Q
`
`2124
`DATE MAILED:07/29/2002
`
`717-173000
`
`09/343 ,607
`
`06/30/1999
`
`YASSER ALSAFADI
`
`PHA-23.706
`
`8127
`
`TITLE OF INVENTION: RECONFIGURATION MANAGER FOR CONTROLLING UPGRADES OF ELECTRONIC DEVICES
`
`
`
`APPLN. TYPE
`nonprovisional
`
`SMALL ENTITY
`
`ISSUE FEE
`$1280
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`$1280
`
`DATE DUE
`10/29/2002
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCEASA PATENT.
`ON THE MERITS IS CLOSED, THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENTRIGHTS.
`THIS APPLICATIONIS SUBJECT TO WITHDRAWALFROMISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT.SEE 37 CFR 1.313 AND MPEP1308.
`
`THE ISSUE FEE AND PUBLICATIONFEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATEOF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
`PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C, 151. THE ISSUE FEE DUE INDICATED ABOVE REFLECTS A CREDIT
`FOR ANY PREVIOUSLYPAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (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 REPLYTO THIS NOTICE:
`I. Review the SMALL ENTITY status shown above.If the SMALL
`ENTITYis shown as YES,verify your current SMALL ENTITY
`status:
`A.Ifthe status is changed, pay the PUBLICATION FEE(ifrequired)
`and twice the amount ofthe ISSUE FEE shown aboveandnotify the
`United States Patent and Trademark Office ofthe change in status, or
`B. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`If the SMALL ENTITYis shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B.If applicant claimed SMALL ENTITYstatus before, or is now
`claiming SMALL ENTITY status, check the box below and enclose
`the PUBLICATIONFEEand1/2 the ISSUE FEE shown above.
`O Applicant claims SMALL ENTITYstatus.
`See 37 CFR 1.27.
`
`If. PART B - FEE(S) TRANSMITTAL should be completed andreturned 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
`completed and an extra copy of the form should be submitted.
`
`i, All corsmunications regarding this application must give the application number. Please direct all communications prior to issuance to
`Box ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER:Utility patents issuing on applications filed on or after Dec. 12, 1980 may require paymentof
`maintenancefees. It is patentee’s responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (REV. 04-02) Approved for use through 01/31/2004.
`
`Page 1 of 4
`
`¢
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0005
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`

`

`PART B - FEE(S) TRANSMITTAL
`Complete andsendthis form, together with applicable fee(s), to: Mail Box ISSUE FE}
`soos
`Commissioner fr Patents
`Washington, D.(. 20231
`Fax (703)746-4000
`through 4 should be completed where
`INSTRUCTIONS: This form should be used Tor transmitting the ISSUE FEE and PUBLICATION FEE Gf ered), Blocks 7
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fer:
`ill be mailed to the cucrent correspondence addre:
`maintenance fee notifications.
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence addre:...
`and/or (b) indicating a separate "FEE ADDRESS"for
`
`
`
`
`
`ote: ote:Acertifica!:Legibly mark-up with any comectious or use Bloc -. mailing can only be used for domestic mailings of the
`
`
`07/29/2002
`7590
`Fee(s) Transmit’ This certificate cannot be used for
`any other
`accompanying papers, Each additional paper, such as an assignment or
`CORPORATE PATENT COUNSEL
`formal
`drawing, must have its own certificate ofmailing or transmission,
`Certificate of Mailing or Transmission
`US PHILIPS CORPORATION
`I hereby
`580 WHITE PLAINS ROAD
`certify that this Fee(s) Transmittal
`is being deposited with the
`TARRYTOWN,NY 10591
`United States Postal Service with sufficient postage for first class mail in an
`envelope addressed to the Box Issue Fee address above, or being facsimile
`transmitted to the USPTO, onthe date indicated below,
`
` (Depositor's name)
`
`
`
`ATTORNEY DOCKET NO.
`FIRST NAMED INVENTOR.
`FILING DATE
`APPLICATION NO.
`PHA-23.706
`YASSER ALSAFADI
`06/30/1999
`09/343,607
`TITLE OF INVENTION: RECONFIGURATION MANAGERFOR CONTROLLING UPGRADES OF ELECTRONIC DEVICES
`
`CONFIRMATION NO.
`8127
`
`FURLINTIONTE®|TOTAL FERO)DUB
`NO
`$0
`nonprovisional
`$1280
`$1280
`10/29/2002
`
`aC
`
`2124
`
`717-173000
`
`HAVIS, JOHN Q
`
`1C
`
`FR 1
`
` : REScorrespondence address or indication of“Fee Address” (37
`
`
`
`2. For printing on the patent front page,list (1)
`
`the names of up to 3 registered patent attomeys
`or agents OR, alternatively, (2) the name of a
`
`2
`single firm (having as a member a registered
`attorney or agent) and the names of up to 2
`.
`registered patent attomeysor agents. If no name
`3
`is listed, no namewill be printed.
`
`3. ASSIGNEE NAME ANDRESIDENCE DATA TO BE PRINTED ON THE PATENT (printor type)
`PLEASE NOTE:Unless an assignee is identified below, no assignee data will appear on the patent.Inclusion ofassignee data is onl: appropriate when an assignment has
`been previously submitted to the USPTO oris being submitted under separate cover. Completion ofthis form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`© Changeofcorrespondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`ee
`ss
`(“Fee Address" indication (or "Fee Address”Indication form
`PTO/SB/47; Rev 03-02 or ore recent) attached, Use ofa Customer
`Numberis required,
`
`Please check the appropriate assignee category or categories (will not be printed onthe patent)
`4a. The following fee(s) are enclosed:
`4b. Payment ofFee(s):
`Q Issue Fee
`QA checkin the amountofthe fee(s) is enclosed.
`O Publication Fee
`Q Payment by credit card. Form PTO-2038is attached,
`O Advance Order - # of Copies
`The Commissioneris hereby authorized by charge the required fee(s), or credit any overpayment, to
`Deposit Account Number (enclose an extra copy of this form).
`Commissioner for Patents is requested to apply the Issue Fee and Publication Fee(ifany) or to re-apply any previously paid issue fee to the application identified above.
` (Authorized Signature)
`
`Qindividual
`
`OQ corporation or other private group entity © government
`
`(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 ofthe United States
`Patent and Trademark Office.
`This collection of Information is required by 37 CFR 1.311, The information is required to
`
`obtain orretain a benefit by the public which is to file (and by
`the USPTO to process) an
`application. Confidentiality is governed by 35 U.S.C. 122 and 3 CFR1.14. This collection is
`
`estimated to take 12 minutes to complete, including gathering, preparing, and submitting the
`completed application form to the
`USPTO. Time will vary depending uponthe individual
`case. Any comments on the amount of time you require to complete this form and/or
`suggestions for reducing
`this burden, should be ‘sent to the Chief Information Officer, U.S.
`
`Patent and 7 ‘ademark
`Office, U.S. Department of Commerce, Washington, D.C. 20231. DO
`NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND ‘TO:
`
`Commissioner for Patents, Washington, DC 20231.
`persons are required to respond to a
`Under the Paperwork Reduction Act of 1995, no
`
`collection of information unless it displays a valid OMB contro] number.
`
`TRANSMIT THIS FORM WITH FEE(S)
`PTOL-85 (REV.04-02) Approved for use through 01/31/2004. OMB 0651-0033
`U.S.Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`~ eae
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0006
`    
`


`
`

`

`www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`09/343,607
`
`06/30/1999
`07/29/2002
`
`7590
`
`CORPORATE PATENT COUNSEL
`US PHILIPS CORPORATION
`580 WHITE PLAINS ROAD
`TARRYTOWN,NY 10591
`
`YASSER ALSAFADI
`
`PHA-23.706
`
`8127
`
`CHAVIS, JOHN Q
`
`24
`DATE MAILED:07/29/2002
`
`Determination of Patent Term Extension under 35 U.S.C. 154 (b)
`(application filed after June 7, 1995 but prior to May 29, 2000)
`
`The patent term extension is 0 days. Any patent to issue from the above identified application will include an
`indication of the 0 day extension on the front page.
`
`If a continued prosecution application (CPA) was filed in the above-identified application, the filing date that
`determines patent term extensionis the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrievai (PAIR) system. (http://pair.uspto.gov)
`
`
`
`
`
`PTOL-85 (REV.04-02) Approved for use through 01/31/2004.
`
`Page 3 of 4
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0007
`    
`


`
`

`

`
`
`Unrrep STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`www-.uspto.gov
`
`09/343,607
`
`06/30/1999
`07/29/2002
`
`7590
`
`CORPORATE PATENT COUNSEL
`US PHILIPS CORPORATION
`580 WHITE PLAINS ROAD
`TARRYTOWN,NY 10591
`
`YASSER ALSAFADI
`
`PHA-23.706
`
`$127
`
`CHAVIS, JOHN Q
`
`2124
`DATE MAILED:07/29/2002
`
`Notice of Fee Increase on October 1, 2002
`
`If a reply to a "Notice of Allowance and Fee(s) Due"is filed in the Office on or after October 1, 2002, then the
`amount due may be higherthan that set forth in the "Notice of Allowance and Fee(s) Due"since there will be an increase
`in fees effective on October 1, 2002. See Revision of Patent and Trademark Fees for Fiscal Year 2003; Notice of
`Proposed Rulemaking, 67 Fed. Reg. 30634, 30636 (May 7, 2002). Although a change to the amountofthe publication fee
`is not currently proposed for October 2002, if the issue fee or publication fee is to be paid on or after October 1, 2002,
`applicant should check the USPTO website for the current fees before submitting the payment. The USPTO Internet
`address for the fee scheduleis: http://www.uspto.gov/main/howtofees,btm,
`
`
`
`If the issue fee paid is the amount shown on the "Notice of Allowance and Fee(s) Due," but notthe correct amount
`in view of the fee increase, a "Notice to Pay Balance of Issue Fee" will be mailed to applicant. In order to avoid
`processing delays associated with mailing of a "Notice to Pay Balance of Issue Fee," if the response to the Notice of
`Allowance and Fee(s) due form is to be filed on or after October 1, 2002 (or mailed with a certificate of mailing on or
`after October 1, 2002), the issue fee paid should be the fee that is required at the time the fee is paid. If the issue fee was
`previously paid, and the response to the "Notice of Allowance and Fee(s) Due" includes a request
`to apply a
`previously-paid issue fee to the issue fee now due, then the difference between the issue fee amount at the time the
`response is filed and the previously paid issue fee should be paid. See Manual of Patent Examining Procedure, Section
`1308.01 (Eighth Edition, August 2001).
`
`Effective October 1, 2002, 37 CFR 1.18 is proposed to be revised to change the patent issue fees as set forth below. As
`stated above,the final fees may be a different amount, and applicant should check the web site given above when paying
`the fee.
`
`(a) Issue fee for issuing each originalor reissue patent, except a design or plant patent:
`
`By a smallentity (Sec. 1.27(a))--$655.00
`Byother than a small entity--$1,310.00
`
`(b) Issue fee for issuing a design patent:
`
`By a small entity (Sec. 1.27(a))--$235.00
`By other than a small entity--$470.00
`
`(c) Issue fee for issuing a plant patent:
`
`By a small entity (Sec. 1.27(a))--$315.00
`By other than a small entity--$630.00
`
`Questionsrelating to issue and publication fee payments should bedirected to the Customer Service Center
`of the Office of Patent Publication at (703) 305-8283.
`
`Page 4 of 4
`
`PTOL-85 (REV. 04-02) Approved for use through 01/3 1/2004.
`
`APPLE
`


`EXHIBIT 1009 - PAGE 0008
`    
`


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`