`Application No.
`
`
`
`
`
`Notice of Allowability
`
`Examiner
`
`Art Unit
`
`Applicant(s)
`
`a,
`
`—--
`
`
`
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If notincluded
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) orother appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. E] This communication is responsive to gm.
`2. D . The allowed claim(s) is/are fl.
`3. [:1 The drawings filed on __ are accepted by the Examiner.
`4. [:1 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) [:I All
`b) [I Some*
`0) El None
`of the:
`1. E] 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(a)).
`“ Certified copies not received:_
`5. CI Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`(a) CI The translation of the foreign language provisional application has been received.
`6. I] Acknowledgment Is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements noted
`below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`7. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`
`
`8. E CORRECTED DRAWINGS must be submitted.
`(a) El
`including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
`1) El hereto or 2) E to Paper No. g.
`
`, which has been approved by the Examiner.
`including changes required by the proposed drawing correction filed
`(b) El
`(c) [I including changes required by the attached Examiner's Amendment] Comment or in the Office action of Paper No.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Identifying lndicla such as the application number (see 37 CFR 1.fl4(c)) should be written on the drawings In the top margin (not the back)
`of each sheet. The drawings should be filed as a separate paper with a transmittal letter addressed to the Official Draftsperson.
`
`9. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`Attachmenfls)
`
`1IZI Notice of References Cited (PTO-892)
`3|] Notice of Drafiperson's Patent Drawing Review (PTO-948)
`5|] Information Disclosure Statements (PTO-1449), Paper No.
`7|] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`.
`
`.
`
`
`
`
`
`
`
`
`2D Notice of Informal Patent Application (PTO-152)
`4:] Interview Summary (PTO-413), Paper No.
`
`6D Examiner's Amendment/Comment
`88 Examiner's Statement of Reasons for Allowance
`
`9:] Other
`
` US. 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 statement of reasons for allowance: The applicant argues
`
`thatVCarrol fails to teach “receiving information representative of a configuration request”.
`However, see Carrols fig. 3, item 320 (placing order). The placing of a order is inherently
`
`“information representative of a request”. It is further specified that Carrol does not teach or
`
`suggest comparing the determined (requested) component and at least one additional component
`
`to at least one of an acceptable or an unacceptable list. Carrol, as indicated in the previous action
`
`compares the requested component with an acceptable list (one of an acceptable and an
`
`unacceptable list); however, he does not teach or suggest comparing an additional component
`
`with one of the list in response to a request. Therefore, the claims are allowable over the art of
`
`record.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment ofthe 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.”
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to John Q. Chavis whose telephone number is 703—305—9665. The
`
`examiner can normally be reached on 830-5 :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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`

`

`Application/Control Number: 09/343,607
`Art Unit: 2124
`
`Page 3
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is 703-306—3900.
`
`@‘2
`
`Jq’k’:
`July 27, 2002
`
`
`
`APPLE
`EXHIBIT 1009 - PAGE 0003
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`

`

`
`
`
`Applicant(s)/Patent Under
`Application/Control No.
`Re’éxamination
`
`
`ALSAFADI ET AL.
`(IQ/343.607
`
`
`
`Art Unit
`Examiner
`
`John Q. Chavis
`2124
`Page 1 °“
`U.S. PATENT DOCUMENTS
`
`Document Number
`Gountry Code-Number-Klnd Code
`
`US-6,385,668
`
`
`.
`'
`u__ aaaaaaau m
`
`inn_—M.m_
`
`um
`10-1993
`Bosfick etal. “
`
`
`
`US—5,898.872
`
`04-1999
`
`Richley, Thomas E.
`
`
`Date
`
`MM-YYYY
`05-2002
`Gaddess et al. m
`104998
`Gorczyca etal. w
`
`
`
`
`
`
`
`
`
`
`
`
`
` 'A copy of this reference is not being furnished with this Office action, (See MPEF' § 707.05(a)i)
`Dates In MM-YYYY format are publicalion dates. Classifications may be US or fOI'Eign.
`U.Si 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 S'mr'I-zs PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trndatnnrll Offlue
`Adduu' COWISSIONER 0F PATENTSAND TRADEMARKS
`Washington, DC. 20231
`www.mpugov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`07/29/2002
`7590
`,F ‘
`_ CORPORATE PATENT COUNSEL
`
`; US PHILIPS CORPORATION
`580 wmrs PLAINS ROAD
`TARRYTOWN, NY 10591
`‘
`
`”mum" "0*
`
`CHAVIS, JOHN Q
`
`2124
`DATE MAILED: 07/29/2002
`
`717-17300!)
`
`09/343,607
`
`06/30/1999
`
`YASSER ALSAFADI
`
`FHA-23.706
`
`8127
`
`TITLE OF INVENTION: RECONFIGURATION MANAGER FOR CONTROLLING UPGRADES OF ELECTRONIC DEVICES
`
`
`
`nonprovisional
`
`Wm...
`NO
`
`$l280
`
`$0
`
`mmuswve
`$1280
`
`10/29/2002
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`WON ON THE MERIIS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN IHREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE 0R THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THISW
`PERIQDCANHQI BE WEED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE REFLECTS A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-SSB (0R AN EQUIVALENT)
`MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL BE REGARDED AS
`ABANDONED.
`
`HOW TO REPLY TO THIS NOTICE:
`1. Review the SMALL ENTITY status shown above. If the SMALL
`ENTITY is shown as YES, verify your current SMALL ENTITY
`status:
`
`A. If the status is changed, pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above and notify 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 ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check the box below and enclose
`the PUBLICATION FEE and 1/2 the ISSUE FEE shown above.
`El Applicant claims SMALL ENTITY status.
`See 37 CFR 1.27.
`
`H. PART B - FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fec(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.
`
`HI. All communications regarding this application must give die 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 payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—SS (REV. 04-02) Approved for use through 01/] ”2004.
`
`Page 1 of 4
`
`a
`
`APPLE
`EXHIBIT 1009 - PAGE 0005
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`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Box ISSUE Fill
`‘
`'
`Commissioner (or Patents
`Washington, I) f‘. 20231
`Eu (703)746-4000
`tit—rough 4 should be completed where
`INSTRUCIIONS: This form should be used for transrnitting the ISEUE FE and PUELICKTION FEE iii trail/red . Biochs 1
`ap ropriate, All fimher correspondence including the Patent, advance order: and notification of maintenance in " Ill
`6 mailed to the current corres ondence addre
`maintenance fee notifications.
`in icated unless canceled below or directed otherwise in Block 1, by (a) specifying a new correspondence addn“
`and/or (b) indicating a separate " EE ADDRESSfisfca;
`n
`:
`in m -I-p m Mywmt onscrm m
`ote:
`certi lcn!"
`‘ maiing can ony ease
`or omesticmai ingso
`e
`07/29/2002
`Fee(s) Tianammw This certificate cannot be used for
`any other
`7590
`accorgilpanying p-rw'is. Each additional paper, such as an assignment or
`CORPORATE PATENT COUNSEL
`form drawing, mm: have its own certificate of mailing or hansmission.
`(irrllfleate of Malling or Transmission
`US PHILIPS CORPORATION
`,
`580 WHITE PLAINS ROAD
`I hereb certify that this Fee_(s) Transmittal
`is being deposited with the
`n
`TARRYTOWN NY 10591
`United tates Postal Service With sufficient ostage for first class mail in an
`‘U
`nvelo e addressed to the Box Issue Fee a dress above, or being facsimile
`
`
`transmitted to the USPTO, on the date indicated below.
`(Depositor's name)
`
`
`
`
`
`ATTORNEY DOCKET NO.
`FIRST NAMED INVENTOR
`FILING DATE
`APPLICATION NO.
`FHA-23.706
`YASSER ALSAFADI
`06/30/1999
`09/343,607
`TITLE OF INVENTION: RECONFIGURATION MANAGER FOR CONTROLLING UPGRADES OF ELECTRONIC DEVICES
`
`CONFIRMATION N0.
`8127
`
`
`
`nonprovisional
`
`NO
`
`$1280
`
`mmow
`30
`
`rommswwa
`$1280
`
`10/29/2002
`
`MCHAVIS, JOHN Q 2124 717-173000
`1.Chan co
`
`f correspondence address or indication of “Fee Address“ (37
`
`CFle63)
`CI Change ofcorn: ondence address (or Change of Correspondence
`Address form PTO 3/122) attached.
`El "Fee Address" indication (or "Fee Address" Indication form
`PTO/SW47; Rev 03-02 or more recent) attached Use of I. Customer
`Number is required.
`
`
`
`
`
`
`2. For printing on the patent front page, list (I)
`the names of up to 3 registered patent attorneys
`
`or agents OR, alternatively, (2) the name of a
`single firm (having as a member a registered
`
`2
`attorney or agent) and the names of up to 2
`registered patent attorneys or agents. If no name
`is listed, no name will be pnnted.
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assiggec is identified below, no assignee data will appear on the patent. Inclusion of assignee data is onl appropriate when an assignment has
`been preViously submitted to the SPTO or is being submitted under separate cover. Completion of this form is NOT a substitute for fi ing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent)
`4a. The following fee(s) are enclosed:
`4b Payment ofFee(s):
`0 Issue Fee
`El A check in the amount of the fee(s) is enclosed.
`C1 Publication Fee
`El Payment by credit card. Form PTO-2038 is attached.
`CI The Commissioner is hereb authorized by char e the required fee(s , or credit. any overpayment, to
`A
`_
`Deposit Account Number _y_—(enc ose an extra copy 0 this form).
`D Advance 0m" # 0fCOPIES ~’—_
`Commissioner for Patents is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
` (Authorized Signature)
`
`D individual
`
`CI corporation or other private group entity El government
`
`(Date)
`
`
`NOIE; II; Issue Fee and Pubiication Fee (if required) Wt" not he accepm Earn anyone
`
`other than the ap licant; a registered attorn
`or a cut; or the assignee or other party in
`interest as shown y the records of the United mines atent and Trademark Office.
`to
`is co ection o in orrnation is re u
`y .
`FR .
`l
`.
`e in ammo is require
`
`obtain or retain a benefit by the pu lie which is to file (and b the USP’I‘O to process) a_n
`application. Confidentiality is governed by 35 U.S.C. 122 and 3 CFR_I.14. This collection is
`
`estimated to take 12 minutes to comtplete, including gathering, preparing, and submitting the
`completed application form to the
`SP’I‘O. Time WI" vary depending upon the individual
`case. Any comments on the amount of time you requ1re to corn etc this form and/or
`
`suggestions for reducin this burden, should be sent to the Chief In orrnation Officer, US.
`
`NOT SEND FEES 0R C'OMPLE ED FORMS TO This AD RESS. SEND TO:
`Patent andTademark ffiee U.S. Department of Commerce Washin
`n DC. 20231. DO
`Commissioner for Parents, Washington. DC 20231.
`
`Under the Paperwork Reduction Act of 1995, no
`ersons are required to respond to a
`
`
`
`collection of information unless it displays a valid OME control number.
`TRANSMIT THIS FORM WITH FEE(S)
`PTOL-BS (REV. 04-02) Approved for use through 01/31/2004. OMB 0651-0033
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`~
`
`,
`
`,
`
`,
`
`.,
`
`APPLE
`EXHIBIT 1009 — PAGE 0006
`


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`


`
`

`

`
`‘
`‘3 UNITED STATES PATENT AND TRADEMARK OFFICE
`'
`
`
`UNITED STATES DEPARTMENT OF COWEBCE
`United States Patent and Trudem-rk Office
`Adda”: COMNHSBIONER 0F PATENTS AN'D TRADEMARKS
`Wnal'nngtnn, D.C 20231
`www uapwgm
`
`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
`
`FHA-23.706
`
`8127
`
`CHAvts, JOHN Q
`
`2124
`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 extension is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) system. (http://pair.uspto.gov)
`
`
`
`
`
`PTOL-SS (REV. 0402) Approved for use through (11/31/2004.
`
`Page 3 of 4
`
`APPLE
`EXHIBIT 1009 - PAGE 0007
`


`    
`


`
`

`

`1.
`
`3- UNITED STATES PATENT AND 'IkADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMNIERCE
`Unload sum. Patent and Trudemnzll Office
`Adds-cu: COMIMIBSIONER OF PATENTS AND TRADEMARKS
`Wllhxnmn, no. 20231
`www.mpmgcw
`
`09/343 ,607
`
`06/30/1999
`07/29/2002
`
`7590
`
`CORPORATE PATENT COUNSEL
`US PHILIPS CORPORATION
`530 WHITE PLAINS ROAD
`TARRYTOWN, NY 10591
`
`YASSER ALSAFADI
`
`FHA-23.706
`
`8127
`
`‘
`
`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 afier October 1, 2002, then the
`amount due may be higher than 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 3mm of Em and Trademark Eggs m M lea; M1; Notice of
`Emposed Bulgmaking, 67 Fed. Reg. 30634, 30636 (May 7, 2002). Although a change to the amount of the 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 web site for the current fees before submitting the payment. The USPTO Internet
`address for the fee schedule is:Wm
`
`If the issue fee paid is the amount shown on the "Notice of Allowance and Fee(s) Due," but not the 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 afier October 1, 2002 (or mailed with a certificate of mailing on or
`afier 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 original or reissue patent, except a design or plant patent:
`
`
`
`By a small entity (Sec. l.27(a))--$655.00
`By other than a small entity--$1,310.00
`
`(b) Issue fee for issuing a design patent:
`
`By a small entity (Sec. l.27(a))--$235.00
`By other than a small entity--$470.00
`
`(6) Issue fee for issuing a plant patent:
`
`By a small entity (Sec. 1.27(a))«$3 1 5.00
`By other than a small entity--$630.00
`
`Questions relating to issue and publication fee payments should be directed 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 112004.
`
`APPLE
`EXHIBIT 1009 - PAGE 0008
`


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`


`
`
`
`