throbber

`
`UNITED STATEg'rA'I'ENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMJVIERCE
`United St-tes Patent nnd Trudemnrk Office
`Address: COIVD/HSSIONER OF PATENTS AND TRADEMARKS
`Wa-hmgwni D.C 20231
`www.mzpmgm
`
`APPLICATION NO.
`09/343,607
`
`FILING DATE
`06/30/1999
`
`FIRST NAMED INVENTOR
`YASSER ALSAFADI
`
`ATTORNEY DOCKET NO.
`FHA-23 .706
`
`CONFIRMATION NO,
`8127
`
`02/14/2002
`.
`7590
`CORPORATEPATBNTWUN
`US PHILIPS CORPORATION
`580 WHITE PLAINS ROAD
`TARRYTOWN, NY 10591
`
`CHAVIS’ JOHN-Q
`mama
`
`2l22
`DATE MAILED: 02/]4/2002
`
`6
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`
`
`PTO-90C (Rev. 07-01)
`
`.
`
`\X 6/
`
`APPLE
`EXHIBIT 1007 - PAGE 0001
`

`    
`

`
`

`

`.
`t
`~°”’°" ‘°""" mm”
`
`‘
`‘
`‘
`.
`‘
`Alsefedi et el.
`Applicankvl
`_-III|IlIIIIIIIIIIIIIIIIIIII‘I
`
`- The MAILING DA TE of this communication appear: on the cover sheet with the correspondence address —
`
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY Is SET TO EXPIRE
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136 (a).
`after SIX (6) MONTHS from the mailing date of this communication.
`- If the period for reply specified above ie less than thirty (30) days. a reply within the statutory minimum of thirty (30) days will
`be considered timely.
`- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this
`communication.
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(bl.
`Status
`
`3
`
`MONTH(S) FROM
`
`In no event, however. may a reply be timely filed
`
`URI Responsive to communicationis) filed on papers filed 6-30-99 and 1 1-23-99
`
`2ajI:I This action is FINAL.
`
`2b)! This action is non-final.
`
`3H3 Since this application is in condltion for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice underEx pane Quayle, 1935 CD. 11; 453 0.6. 213.
`Disposition of Claims
`
`4)I)_(I Claim(sj 1-27
`
`is/are pending in the application.
`
`
`
`
`
`4a) Of the above, claimIsI
`is/are withdrawn from consideratio
`
`
`5)EI Claimlsl
`
`
`6). Claim(s) 7-21
`
`7“] Claimjs)
`
`
`SICI Claims
`
`are subject to restriction and/or election requiremen
`
`is/are allowed.
`
`is/are rejected.
`
`is/are objected to.
`
`Application Papers
`9) :I The specification is objected to by the Examiner.
`
`10):I The drewing(s) filed on
`
`is/are objected to by the Examiner.
`
`
`
`HID The proposed drawing correction filed on
`12j_ The oath or declaration is objected to by the Examiner.
`
`is: til—J
`
`approved IN disapproved.
`
`
`
`Priority under 35 U.S.C. § 119
`13”: Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
`a) :I All bjEI
`Some" ch1 None of:
`1. I: Certified copies of the priority documents have been received.
`2. I: Certified copies of the priority documents have been received in Application No.
`3. I: 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(aII.
`“See the attached detailed Office action 'for a list of the certified coples not received.
`
`
`
`
`
`14):! Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(eI.
`
`Atta chmentIs)
`
`15) E Notice of References Cited (PTO-892)
`16)
`Notice of Dreftspenon's Patent Drawing Review (PTO-948)
`
`I8) [I Interview Summary IPTO-413I Paper Nois).
`19] [1 Notice of Informal Patent Application (PTO-152)
`
`17] w Information Disclosure Statementm (PTO-I449) Paper Nojsjz 8‘ 4
`U. 5. Patent and Trademark Office
`PTO-326 (Rev. 9-00)
`
`20) D Other:
`
`Office Action Summary
`
`Part of Paper No. 6
`
`APPLE
`EXHIBIT 1007 - PAGE 0002
`

`    
`

`
`
`
`

`

`
`
`Application/Control Number: 09/343,607
`Art Unit: 2122
`
`Page 2
`
`Alsafadi et a1.
`
`Paper #6
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Ofiice 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.
`
`2.
`
`Claims 1-21 are rejected under 35 U.S.C. 103(a) as being unpatentable over Carroll et a].
`
`(6,301,707) in view of the applicant’s design choice of determining to compare for uncompatible
`
`versus compatible items to determine compatibility.
`
`Claims
`
`Email
`
`1. A processor implemented method for
`controlling the reconfiguration of an
`electronic device, the method comprising
`the steps of:
`
`receiving information representative of a
`reconfiguration request relating to the
`electronic device;
`
`determining at least one device component
`required to implement the reconfiguration
`request;
`
`comparing the determined component and
`information speciiying at least one
`additional component currently implemented
`in the electronic device with at least one of a
`
`list of known unacceptable configurations
`for the electronic device; and
`
`see the title, abstract and the
`Background of the invention.
`
`This feature is inherent in view of
`
`col. 4 lines 37-49, specifically the
`Feature that indicates that
`
`“Reconfiguration can be selectively
`Selectively activated” (re. Requested)
`
`see col. 3 lines 20-35 and col. 5 lines
`54-col. 6 line 12.
`
`see col. 1 lines 43-54, specifically the
`Phrase that indicates “the core
`
`program needs to access only
`selected components... Also, see col.
`6 lines 13-23 (a subset of which are
`Be installed in the target system
`According to a profile of the target
`
`APPLE
`EXHIBIT 1007 - PAGE 0003
`

`    
`

`
`
`
`

`

`
`
`Application/Control Number: 09/343,607
`Art Unit: 2122
`
`Page 3
`
`Alsafadi et a1.
`Paper #6
`
`System that is stored in the target
`system. These features indicate that
`A comparison is occurring; however,
`The comparison is based on the
`“profile of the system”, which infers
`That like items are compared.
`However, it is considered a choice of
`Design to select to compare either
`Items that are compatible (as taught
`By Carroll) or items that are not
`Compatible; since, both provides the
`Same result of determining if the
`Component is compatible with the
`Target. Therefore, it would have
`Been obvious to a person of ordinary
`Skill in the art at the time of the
`invention to substitute for the feature
`
`Of comparing to determine similarity
`(based On the profile of the target
`system), With comparing to
`determine if the items are dissimilar
`
`(Unacceptable configurations), since
`The test merely utilize opposite types
`Of data (similar vs dissimilar) to
`Determine the same result
`
`(compatibility of the update).
`
`see col. 8 lines 49-53.
`
`see the rejection of the last step of
`claim 1, supra.
`
`generating information indicative of an
`approval or a denial of the reconfiguration
`request based at least in part on the result of
`the comparing step.
`
`2. The method of claim 1 fiirther including
`the step of generating information indicative
`of an approval of the reconfiguration
`request if the determined component and the
`additional component are consistent with a
`given one of the known acceptable
`configurations.
`
`3. The method of claim 1 further including
`
`see again the last step of claim 1.
`
`APPLE
`EXHIBIT 1007 - PAGE 0004
`

`    
`

`
`

`

`
`
`Application/Control Number: 09/343,607
`Art Unit: 2122
`
`Page 4
`
`Alsafadi et a].
`Paper #6
`
`the step of downloading the determined
`component to the electronic device if the
`determined component and the additional
`component are consistent with a given one
`of the known acceptable configurations.
`
`4. The method of claim 1 further including
`the steps of: comparing the determined
`component and information specifying at
`least one additional component currently
`implemented in the electronic device with
`the list of known unacceptable
`configurations for the electronic device; and
`
`generating information indicative of a denial
`of the reconfiguration request if the
`determined component and the additional
`component are consistent with a given one
`of the known unacceptable configurations.
`
`5. The method of claim 1 further including
`the steps of: comparing the determined
`component and information specifying at
`least one additional component currently
`implemented in the electronic device with
`the list of known unacceptable
`configurations for the electronic device; and
`
`generating information indicating that the
`requested reconfiguration is unknown if the
`determined component and the additional
`component are not consistent with a given
`one of the known acceptable or
`unacceptable configurations.
`
`6. The method of claim 1 further including
`the step of transmitting in response to the
`reconfiguration request a list of additional
`components required in the electronic device
`in order to implement the reconfiguration.
`
`see the compan'ng step of claim 1.
`
`see the last step of claim 1.
`
`see claim 1.
`
`see claim 1.
`
`7. The method of claim 1 wherein the
`
`See the PCN’s, which identifies the
`
`m.
`
`.
`
`APPLE
`EXHIBIT 1007 - PAGE 0005
`

`    
`

`
`

`

`Application/Control Number: 09/343,607
`Art Unit: 2122
`
`Page 5
`
`Alsafadi et a1.
`Paper #6
`
`information specifying at least one additional
`component currently implemented in the
`electronic device includes identifiers of each
`
`of the components in a set of components
`currently implemented in the electronic
`device.
`
`8. The method of claim 7 wherein the
`
`identifiers of each of the components in the
`set of components are included in the
`reconfiguration request.
`
`9. The method of claim 1 wherein the
`
`reconfiguration request comprises a request
`for an upgrade of at least one of a soflrware
`component and a hardware component of
`the electronic device.
`
`10. The method of claim 1 wherein the
`reconfiguration request is received from the
`electronic device over a network connection
`
`established with a reconfiguration manager
`implementing the receiving, determining,
`comparing and generating steps.
`
`software components, col. 7 lines
`19-32.
`
`See again the rejection of claim 7.
`
`It is considered inherent that the
`software downloaded can be utilized
`
`to update software or hardware (such
`as providing new drivers) “based
`On the profile of the system”
`
`See col. 5 lines 14-29.
`
`
`
`Claims 11-20 are rejected as claims 1-10 above.
`
`The features of claim 21 is taught via claim 1.
`
`Any inquiry concerning this communication or earlier
`3.
`communications from the examiner should be directed to Examiner
`Chavis whose telephone number is (703) 305—9665. The examiner can
`normally be reached on Monday—Friday from 8:30 am to 5:00 pm.
`
`If attempts to reach the examiner by telephone are
`unsuccessful,
`the examiner's supervisor, Gregory Morse, can be
`reached on (703) 308-4789 . The Official Fax Numbers for TC-2100 are:
`
`After-final
`Official
`Non-OfficiallDraft
`
`(703) 746-7238
`(703) 746-7239
`(703) 746-7240
`
`Any inquiry of a general nature or relating to the status of
`
`APPLE
`EXHIBIT 1007 - PAGE 0006
`

`    
`

`
`

`

`' Application/Control Number: 09/343,607
`Art Unit: 2122
`
`Page 6
`
`Alsafadi et a1.
`Paper #6
`
`this application or proceeding should be directed to the Group
`receptionist whose telephone number is (703) 305—3900.
`
`Git
`
`February 8, 2002
`
`Meal
`
`EXAMINER
`
`PRIMA
`
`
`
`,,
`
`.0
`
`V
`
`.,
`
`w 0
`
`_
`
`APPLE
`EXHIBIT 1007 - PAGE 0007
`

`    
`

`
`

`

`Applicant/Patent
`Alsafudi at al.
`
`Examiner
`
`' ’prlication/Control No.
`
`John Chevis
`
`m P595 1 Of 1
`
`09/343,607
`
`
`
`
`
`
`
`
`
`Classificnion 2
`717
`177
`
`l 710
`702
`
`326
`
`710
`
`9
`91
`
`81
`
`10
`
`
`
`
`Count Coda-Number-Kind Code
`MM-YVYY
`
`I. Documem Number
`Date .
`
`A
`6,301,707
`10/2001
`
`U.S. PATENT DOCUMENTS
`Name
`Carroll et al.
`
`3
`
`C
`
`D
`
`5
`
`5,634,075
`
`5,918,194
`
`5,933,026
`
`6,065,068
`
`5/1997
`
`6/1999
`
`8/1999
`5/2000
`
`Smith et al.
`
`Banaska at al.
`
`Larsen at al.
`
`Foote
`
`
`
`
`Count Code-Number-Kind Cede
`
`
`
`
`
`
`
`Document Number
`
`FOREIGN PATENT DOCUMENTS
`
`
`
`
`
`
`Include, as applicable: Author, Thle, Date. Publllher. Edition or Volume. Penlnent Page:
`
`NON-PATENT DOCUMENTS
`
`
`
`
`
`
`
`
`
`‘ Due: in MM-VVYV mm are publication dates.
`
`2 Clusificaiiem may be U.S. or foreign.
`
`' A copy of this reference is not being fumishud with thil 0111:: action. See MPEP 5 707.051”.
`U. S. Palant and Tlademarl Omen
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 6
`
`APPLE
`EXHIBIT 1007 - PAGE 0008
`

`    
`

`
`

`

`Form PTO 948 (Rev. 8-98)
`
`‘
`U.S. DEPARTMENT OF COMMERCE - Patent and Trademark {Mice
`
`NOIICEQEDRAETSPERSQN'S
`
`PA‘IENT‘ DR
`A‘WI‘NGREVIEW
`
`
`
`Application No.
`
`9 5/? 60
`)
`/
`>
`
`
`
`'
`
`'”
`‘
`
`-'
`
`Y
`
`
`
`
`
`
`(a): Acceptable eategaaessiamags
`' ;. 8 ARRANGEMENTOF VIEWS. 37cimis4a)
`
`.
`.
`.
`.
`,
`.,
`5 _ Words do not apps" one horizontal, leftelo-right fashion
`,
`A
`Black ink. Colon:
`
`_,_ Color drawingsare not acceptable until petiton is granted.
`when page Is either upright or turned so that the top
`‘
`,
`,
`
`
`
`
`bEcomes the right side, except for graphs. Fig(s)
`Fig(s)
`f ‘
`‘
`"
`’
`___Pencl1 and non black ink not permitted.tFig(s) ‘

`"
`-
`'
`9‘. SCALE BTCFR 134(k)
`.
`
`
`
`
`
`2. PHOTOGRAPHS. 37 CFR 184 (b)
`_ Scale not large enough to show mechanism without
`1 full-tone set is required. Fig(s)
`
`
`crowding when drawing is reduced in size to two-thirds in
`_ Photographs not properly mounted (must usebrystol board or
`reproduction.
`
`
`
`
`Fig(s)
`photographic double-weight paper). Fig(s)
`_ Poor quality (half-tone). Fig(s)
`10. CHARACTER 0F LINES, NUMBERS, & LETTERS.
`
`
`3. TYPE OF PAPER. 37 CPR 1.s4(e)
`:37 {:11 1.840)
`
`__ Paper notflexible,rstmng, white, and durable.
`,
`‘ ”hues, numbe & letters not uniformly thick and well
`
`
`’. Fig(s)
`.
`definedfcfidurable, and black (poorline quality).
`,
`_
`,_
`_ Erasures, alterations. overwritings. interlineations,
`'Fig(s)l
`‘
`‘
`'
`
`
`folds, copy machine marks not accepted. Flg(s)f »
`ll. SHADING. 37 CFR I.84(m)
`_-Myla_r.:v.elum paper.is not acceptablettoo thin).
`. __ Solid,black«areas pale.. Eig(s)
`_
`,
`
`
`
`Fig(s)
`'
`'
`'
`'
`é Solidblack shading not permitted. Pig(s)‘
`4. SIZE OF PAPER. 37 CFR 1.846): Acceptable sizes:
`I ._. Shade lines;pale; rough and b1Iirred.i Fig(s)
`
`
`_ 21.0 cm by 29.7 cm (DIN size A4)
`12. NUMBERS, LETTERS, & REFERENCE CHARACI'ERS.
`__ 21.6 cm by 27.9 cm (8 1/2 x '11 inches)
`-
`1.84(p)
`.‘
`
`
`
`5
`'_ All draviring sheets not'thevs‘ame size.
`'
`-‘
`Numbers a d rerele ’ characters not plain and legible.
`
`
`Sheet(s)
`Fig(s) 2L: 3
`.
`.
`,
`‘
`
`_ Drawings sheets not an acceptable size. Fig(s)
`_ ‘Figure le ends are poor. Fig(s)
`.
`
`5. MARGINS. 37 CFR 1.84(g): Acceptable margins:
`_ Numbers and reference characters not oriented in the
`samcdliectionasdhe.view. 37 CPR l.84(p)€1)
`‘
`'
`.
`.
`.,
`-
`-
`”Q
`~
`,
`
`
`
`Top 2.5 cm Left 2.5cm Right 1.5 cm Bottom 1.0 cm
`Fig[s)
`_ English alphabet not used. 37 CFR l.84(p)(2)
`SIZE: A4 Size
`
`
`Top 2.5 cm Left 2.5 cm Right 1.5 an Bottom 1.0 cm
`Figs
`.
`,
`
`SIZE: 8 1/2 x 11
`_ Numbers, letters sndgret'erence characters must be at least
`g
`.
`.
`v,
`
`
`Margins not acceptable. Fig(s)
`‘
`.32 cm (1/8 inch) in height. 37 CFR l.84(p)(3)
`
`
`
`
`Top (1')
`Left (L)
`Fig(s)
`-
`-
`._
`
`
`13. LEAD LINES.) 37 CFR 1.84(q)
`Right (R)
`Bottom (B)
`
`
`
`__ Lead lines cross each other. Fig(s)
`6. VIEWS. 37 CFR l.84(h)
`
`REMINDER: Specification may requirerevision to
`—— Lead lines missing. Fig(s)
`
`
`
`14. NUMBERING OF SHEETS OF DRAWINGS. 37 CFR 1.234(1)
`correspond to drawing changes.
`
`__ Sheets not numbered consecutively, and in Arabic numerals
`Partial views. 37 CFR 1.84(h)(2)
`
`
`
`
`_ Brackets needed to show figure as one entity.
`beginning with number 1. Sheet(s)
`
`15. NUMBERING 0F VIEWS. 37 CFR 1.84(u)
`Fig(s)
`
`_ Views not numbered consecutively, and in Arabic numerals,
`_ Views not labeled separately or properly.
`
`
`
`
`
`Fig(s)
`beginning with number 1. Fig(s)
`_ Enlarged View not‘labeled separately or properly.
`16. CORRECTIONS. 37 CFR 1.84(w)
`
`Fig(s)
`__ Corrections not made from prior PTO-948
`
`
`
`
`7. SECI‘IONAL VIEWS. 37 CFR 1.84 (h)(3)
`dated __
`
`'
`__ Hatching not indicated forsectional portions of an object.
`17. DESIGN DRAWINGS. 37 CPR 1.152
`‘
`
`
`Fig(s)
`_ Surface shading shown not appropriate. Fig(s) __
`
`
`__ Sectional designation should be noted with Arabic or
`_ Solid black shading not used for mlor contrast.
`
`FIg(s)
`Roman numbers. Fig(s)
`
`
`
`COMMENTS
`
`
`4
`
`‘
`
`-
`
`'
`
`,
`
`~,
`
`.
`
`y
`
`,
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`~
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`‘
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`
`‘
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`
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`
`
`
`
`DATE TELEPHONE N0. 22 E imM
` REVIEWER
`APPLE
`ATTACHMENT T0 PAPER N08——L
`EXHIBIT 1007 — PAGE 0009
`

`    
`

`
`

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