`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`CONFIRMATIONNO.
`
`12/910,706
`
`10/22/2010
`
`J. David Payne
`
`71855/10-351
`
`8703
`
`03/16/2011
`7590
`22206
`EELLERS SNIDER BLANKENSIIP
`BAILEY & TIPPENS
`THE KENNEDY BUILDING
`321 SOUTH BOSTONSUITE 800
`TULSA, OK 74103-3318
`
`TRAN, NGHI V
`
`2451
`
`03/16/2011
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Starbucks Corporation,et al. — Ex. 1007
`U.S. Patent No. 9,454,748
`
`Starbucks Corporation, et al. – Ex. 1007
`U.S. Patent No. 9,454,748
`
`

`

`
`Application No.
`Applicant(s)
`
`Office Action Summary
`
`12/910,706
`Examiner
`NGHI V. TRAN
`
`PAYNE, J. DAVID
`Art Unit
`2451
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`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).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 10/22/2010.
`a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)X] Claim(s) 1-11 is/are pending in the application.
`
`4a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`5)L] Claims)
`is/are allowed.
`6)X] Claim(s) 1-11 is/are rejected.
`7)L] Claim(s) ____ is/are objected to.
`8)L] Claim(s)___ are subjectto restriction and/or election requirement.
`
`Application Papers
`
`9)L] The specification is objected to by the Examiner.
`
`0)L] The drawing(s)filed on
`is/are: a)[_] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)L] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12) Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)L] All
`b)L_] Some * c)L] None of:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) Xx Notice of References Cited (PTO-892)
`2) [_] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`4) CT] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) L] Notice of Informal Patent Application
`6) Cc Other:
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20110309
`
`
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`Claims 1-11 are presented for examination.
`
`Double Patenting
`
`2.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory
`
`obviousness-type double patenting rejection is appropriate wherethe conflicting claims
`
`are not identical, but at least one examined application claim is not patentably distinct
`
`from the reference claim(s) because the examined application claim is either anticipated
`
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`
`F.3d 1428, 46 USPQe2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`
`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`
`F.2d 438, 164 USPQ 619 (CCPA 1970); and /n re Thorington, 418 F.2d 528, 163
`
`USPQ 644 (CCPA 1969).
`
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321 (d)
`
`may be used to overcome an actualor provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 3
`
`be commonly ownedwith this application, or claims an invention made asa result of
`
`activities undertaken within the scopeof a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee mustfully comply with
`
`37 CFR 3.73(b).
`
`3.
`
`Claims 1-11 of the instance application are rejected on the groundof
`
`nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14
`
`of U.S. Patent No. 7,822,816. Although the conflicting claims are not identical, they are
`
`not patentably distinct from each other becausethe limitation of claims 1-11 of the
`
`instance application is overlapping with the limitation of claims 1-14 of U.S. Patent No.
`
`7,822,816 as following:
`
`U.S. Patent No. 7,266,600
`
`Instant Application No. 11/738,732
`
`1. A method for managing data including|1. A method for managing data including
`
`representing said questionnaire;
`
`the stepsof:
`
`the stepsof:
`
`a) creating a questionnaire comprising a
`
`(a) creating a questionnaire comprising a
`
`series of questions;
`
`series of questions;
`
`(6)
`
`tokenizing said questionnaire;
`
`(6)
`
`tokenizing said questionnaire; thereby
`
`thereby producing a plurality of tokens
`
`producing a plurality of tokens
`
`representing said questionnaire;
`
`(c) establishing a first wireless modem
`
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`or wireless LAN network connection with
`
`a remote computing device;
`
`Page 4
`
`(d)
`
`transmitting said plurality of tokens to
`
`(c) transmitting said plurality of tokens to a
`
`a remote computing devicevia said first
`
`remote computing device;
`
`device to collect a response from a user;
`
`wireless modem or wireless LAN network
`
`connection;
`
`e) terminating said first wireless modem
`
`or wireless LAN network connection with
`
`said remote computing device;
`
`(f) after said first wireless modem or
`
`(d) executing at least a portion of said
`
`wireless LAN network connection is
`
`plurality of tokens representing said
`
`terminated, executing at least a portion of
`
`questionnaire at said remote computing
`
`said plurality of tokens representing said
`
`questionnaire at said remote computing
`
`device to collect a responsefrom a user;
`
`(g) establishing a second wireless
`
`modem or wireless LAN network
`
`connection between said remote
`
`computing device and a server;
`
`(h) after said second wireless modem or
`
`(e)
`
`transmitting at least a portion of said
`
`wireless LAN network connection is
`
`responsefrom the userto a server viaa
`
`
`transmitting at least a portion
`established,
`network; and
`
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 5
`
`of said response from the userto said
`
`server via said second wireless modem or
`
`wireless LAN network connection; and
`
`said server.
`
`(i) storing said transmitted response at
`
`(f) storing said response at said server.
`
`4.
`
`Therefore, the limitation of claims 1-11 of the instance application is anticipated
`
`by the limitations of claims 1-14 of U.S. Patent No 7,822,816, and as such is
`
`unpatentable for obvious-type double patenting.
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that
`
`form the basis for the rejections underthis section madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21 (2)
`of suchtreaty in the English language.
`
`6.
`
`Claims 1 and 5 are rejected under 35 U.S.C. 102(e) as being anticipated by Lew
`
`et al., United States Patent Publication Number 2004/0210472 (hereinafter Lew).
`
`7.
`
`With respect to claim 1, Lew teaches a method for managing data [see abstract]
`
`including the stepsof:
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 6
`
`(a)
`
`creating a questionnaire [= survey] comprising a series of questions
`
`[paragraphs 0005-0009];
`
`(6)
`
`tokenizing said questionnaire [= encrypted surveyinformation, paragraph
`
`0013]; thereby producing a plurality of tokens representing said questionnaire
`
`[paragraphs 0005-0009];
`
`(c)
`
`transmitting said plurality of tokens to a remote computing device [= the
`
`survey transmitter may transmit to the remote responding devicein either a wired or a
`
`wireless manner, paragraph 0053];
`
`(d)
`
`executing at least a portion of said plurality of tokens representing said
`
`questionnaire at said remote computing device to collect a response [= feedback] from a
`
`user [= feed back from a user, paragraph 0036];
`
`(e)
`
`transmitting at least a portion of said response from the userto a server[=
`
`a central facility] via a network [paragraph 0050]; and
`
`(f)
`
`storing said responseat said server[= all feedback is transmitted to the
`
`central facility, S6100 of fig.2 and paragraph 0048].
`
`8.
`
`With respectto claim 5, Lew further teaches wherein the transmission of said
`
`tokens in step (c) occurs via the networkof step (e) [fig.3].
`
`9.
`
`Claim 7 is rejected under 35 U.S.C. 102(e) as being anticipated by Sendowski et
`
`al., United States Patent Publication Number 2003/0198934 (hereinafter Sendowski).
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 7
`
`10. With respect to claim 7, Sendowski teaches a methodfor collecting survey data
`
`from a user[see abstract] comprising:
`
`(a)|designing a questionnaire [= survey] having branching logic [= branch
`
`script object 124] on a first computer platform [= web server 121] [paragraphs 0023-
`
`0028 and 0041-0048];
`
`(6)
`
`automatically transferring said designed questionnaire to at least one
`
`loosely networked computer [= automatically generate an HTML question page or
`
`question form, paragraph 0024-0031];
`
`(c)
`
`executing said transferred questionnaire on said loosely networked
`
`computer, thereby collecting responses from the user[see abstract];
`
`(d)
`
`automatically transferring via the loose network any responses so
`
`collected to a central computer [= medical survey provider 120] [paragraph 0020 and
`
`table 3]; and,
`
`(e)
`
`making available on the Web any responsestransferred to said central
`
`computerin step (qd)[fig.1].
`
`Claim Rejections - 35 USC § 103
`
`11.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 ofthis 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 obviousat 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.
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 8
`
`12.
`
`Claims 2-4, 6, and 9-11 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Lew as applied in claim 1 above, in view of Sendowskiet al., U.S.
`
`Patent Application Publication No. 2003/0198934 (hereinafter Sendowski).
`
`13.|With respectto claim 2, Lew doesnotexplicitly show the stepof: (g) translating
`
`said responseto a format recognizable by a particular computer program; and (h)
`
`accessing the translated response from a computer executing said particular computer
`
`program.
`
`In a method of managing data, Sendowski discloses the step of: (g) translating
`
`said responseto a format recognizable [= XML data structural] by a particular computer
`
`program [= branching script engine, paragraphs 0007-0008]; and (h) accessing the
`
`translated response from a computer executing said particular computer program
`
`[paragraphs 0034-0053 andfig.2].
`
`Therefore, it would have been obvious to one ofordinary skill in the art at the
`
`time of the invention was made to modify Lew in view of Sendowski by accessing a
`
`translated response to a format recognizable becausethis feature provides a framework
`
`of reusable software object implementing the creation and execution of any question-
`
`answerbranching scripts [Sendowski, see abstract].
`
`It is for this reason that one of
`
`ordinary skill in the art at the time of the invention would have been motivated in orderto
`
`support thousands of concurrent users whenit is required [Sendowski, paragraph
`
`0005].
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 9
`
`14. With respect to claim 3, Lew does not explicitly show wherein step (a) includes
`
`the sub-steps of:(a) creating a questionnaire by: (i) entering a series of questions into a
`
`questionnaire design computer program; (ii) identifying within said questionnaire design
`
`computer program the type of response allowed for each question of said series of
`
`questions; and(iii) identifying within said questionnaire design computer program a
`
`branching path in said questionnaire for each possible response to each question of
`
`said series of questions.
`
`In a method of managing data, Sendowski discloses wherein step (a) includes
`
`the sub-steps of:(a) creating a questionnaire by: (i) entering a series of questions into a
`
`questionnaire design computer program [paragraphs 0034-0054); (ii) identifying within
`
`said questionnaire design computer program the type of response allowed for each
`
`question of said series of questions [= answertypes, paragraph 0019 and table 2]; and
`
`(iii) identifying within said questionnaire design computer program a branching path in
`
`said questionnaire for each possible response to each question of said series of
`
`questions [paragraph 0018 and table 1].
`
`Therefore, it would have been obvious to one ofordinary skill in the art at the
`
`time of the invention was made to modify Lew in view of Sendowskiby identifying within
`
`said questionnaire design computer program a branching path in said questionnaire for
`
`each possible response to each question of said series of questions becausethis
`
`feature provides a framework of reusable software object implementing the creation and
`
`execution of any question-answerbranching scripts [Sendowski, see abstract].
`
`It is for
`
`this reason that one of ordinary skill in the art at the time of the invention would have
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 10
`
`been motivated in order to support thousandsof concurrent users whenit is required
`
`[Sendowski, paragraph 0005].
`
`15. With respect to claim 4, Lew does not explicitly show wherein step (b) includes
`
`the sub-stepsof: (b) tokenizing said questionnaire thereby producingaplurality of
`
`tokens representing said questionnaire by: (i) assigning at least one token to each
`
`question of said series of questions; (ii) assigning at least one token to each response
`
`called for in said series of questions to identify the type of response required; and(iii)
`
`assigning at least one token to each branchin said questionnaire to identify the required
`
`program control associated with said branch.
`
`In a method of managing data, Sendowski discloses wherein step (b) includes
`
`the sub-steps of: (b) tokenizing said questionnaire thereby producing a plurality of
`
`tokens representing said questionnaire by: (i) assigning at least one token to each
`
`question of said series of questions [= a question uses tokens, paragraph 0019]; (ii)
`
`assigning at least one token to each responsecalled for in said series of questions to
`
`identify the type of response required [= allows the answerto be collected into a name
`
`toke, paragraph 0020]; and (iii) assigning at least one token to each branch in said
`
`questionnaire to identify the required program control associated with said branch
`
`[paragraphs 0041-0049].
`
`Therefore, it would have been obvious to one ofordinary skill in the art at the
`
`time of the invention was made to modify Lew in view of Sendowski by assigning at
`
`least one token to each question of said series of questions, to each responsecalled for
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 11
`
`in said series of questions, and to each branchin said questionnaire becausethis
`
`feature provides a framework of reusable software object implementing the creation and
`
`execution of any question-answerbranching scripts [Sendowski, see abstract].
`
`It is for
`
`this reason that one of ordinary skill in the art at the time of the invention would have
`
`been motivated in order to support thousandsof concurrent users whenit is required
`
`[Sendowski, paragraph 0005].
`
`16. With respectto claims 6 and 9, Lew teaches a method for managing data
`
`transfers between computers [see abstract andfig.1] including the steps of:
`
`(a)
`
`creating a questionnaire [= survey] at a first site [= modulator 10] in a first
`
`computer [= media conveyor 20] located at a secondsite [paragraphs 0026-0029], said
`
`first site and said second site being connected by a network[fig. 1];
`
`(6)
`
`transmitting said question to a remote computer [= remote responding
`
`device] via said network, said remote computer running an OIS [paragraph 0053];
`
`However, Lew doesnotexplicitly show step (c) modifying said questionnaire with
`
`incremental changesat a third site in said first computer located at said secondsite;
`
`and step (d) modifying said questionnaire in said remote computerwith said incremental
`
`changes.
`
`In a method of managing data, Sendowski discloses step (c) modifying said
`
`questionnaire with incremental changesata third site in said first computer located at
`
`said second site [= TSLastModified of table 2 and paragraph 0058]; and step (d)
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 12
`
`modifying said questionnaire in said remote computer with said incremental changes[=
`
`TSLastModified of table 2 and paragraph 0058].
`
`Therefore, it would have been obvious to one ofordinary skill in the art at the
`
`time of the invention was made to modify Lew in view of Sendowski by modifying said
`
`questionnaire with incremental changesata third site in said first computer located at
`
`said second site and modifying said questionnaire in said remote computerwith said
`
`incremental changes becausethis feature provides a frameworkof reusable software
`
`object implementing the creation and execution of any question-answer branching
`
`scripts [Sendowski, see abstract].
`
`It is for this reason that one of ordinary skill in the art
`
`at the time of the invention would have been motivated in order to support thousandsof
`
`concurrent users whenit is required [Sendowski, paragraph 0005).
`
`17.|With respect to claim 10, Lew further teaches wherein saidfirst site and said third
`
`site are the same [fig.1].
`
`18. With respect to claim 11, Lew further teaches wherein said third site is at said
`
`remote computer[fig.1].
`
`19.
`
`Claim 8 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Sendowski, as applied in claim 7 above, in view of Joao, U.S. Patent Application
`
`Publication No. 2001/0056374 (hereinafter Joao).
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 13
`
`20. With respect to claim 8, Sendowski does not explicitly show assessing a charge
`
`for each transferred responsereceived by said central computer.
`
`In a methodfor collecting survey data, Joao discloses assessing a charge [i.e.
`
`compensation, rewards, rebates and/or incentives can be providedfor viewing,
`
`reviewing, participating in and/or interacting with, the entire survey, poll and/or
`
`questionnaire, paragraph 0230] for each transferred responsereceived by said central
`
`computer [paragraphs 0228-0037].
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time of the invention was made to modify Sendowski in view of Joao by assessing a
`
`charge for each transferred response received by said central computer becausethis
`
`feature can receive compensation, a reward, a rebate, and/or an incentive [Joao,
`
`paragraph 0009].
`
`It is for this reason that oneof ordinary skill in the art at the time of
`
`the invention would have been motivated in orderto facilitate commerce between any
`
`parties and/or any numberof parties [Joao, paragraph 0009].
`
`21.—Any inquiry concerning this communication or earlier communications from the
`
`Conclusion
`
`examiner should be directed to Nghi V. Tran whose telephone number is (571) 272-
`
`4067. The examiner can normally be reached on Monday-Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, John Follansbee can be reached on (571) 272-3964. The fax phone
`
`

`

`Application/Control Number: 12/910,706
`Art Unit: 2451
`
`Page 14
`
`numberfor the organization wherethis application or proceeding is assignedis 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, seehttp://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free).
`
`/John Follansbee/
`
`Supervisory Patent Examiner, Art Unit 2451
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`
`
`Applicant(s): Payne
`
`Confirmation No.: 8703
`
`Application No.:
`
`12/910,706
`
`Art Unit: 2451
`
`
`
`
`
`
` Attorney Docket No.: 71855/10-351
`
`Filed:
`
`10/22/2010
`
`SYSTEM AND METHOD FOR DATA
`Title:
`MANAGEMENT
`
`Examiner:
`Nghi V. Tran
`
`
`
`MAIL STOP AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT AND RESPONSE
`
`This paperis filed in response to the Office Action mailed 03/16/2011. Please consider
`
`the instantfiling to be a Petition for a Three Month Extension of Time to Respond. A USPTO
`
`credit card payment form PTO 2038is attached to this filing or charge to a credit card will
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`be authorized through EFS Webfiling.
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`Please amend the application as follows:
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`

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`In the claims:
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`This listing of claims will replace all prior versions and listings of the claims in this
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`application.
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`Please enter new Claims 12 ~ 31.
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`(Previously Presented) A method for managing data includingthestepsof:
`
`(a)
`
`(b)
`
`(c)
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`(d)
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`creating a questionnaire comprising a series of questions;
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`tokenizing said questionnaire; thereby producinga plurality of tokens representing
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`said questionnaire;
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`transmitting said plurality of tokens to a remote computing device;
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`executing at least a portion ofsaid plurality of tokens representing said
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`questionnaire at said remote computing deviceto collect a response from a user;
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`(c)
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`transmitting at least a portion of said response from the user to a server via a
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`network; and
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`(f)
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`storing said responseat said server.
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`2.
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`(Previously Presented) The method for managing data of claim 1 further comprising the
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`step of:
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`(g)
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`translating said response to a format recognizable by a particular computer
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`program; and
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`(h)
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`accessing the translated response from a computer executing said particular
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`computer program.
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`

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`(Previously Presented) The method for managing data of claim 1 wherein step (a)
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`includes the substepsof:
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`(a)
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`creating a questionnaire by:
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`(i)
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`entering a series of questions into a questionnaire design computer
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`program;
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`(ii)
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`identifying within said questionnaire design computer program the type of
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`response allowed for each question of said series of questions; and
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`(iii)
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`identifying within said questionnaire design computer program a
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`branching path in said questionnaire for each possible response to each
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`question ofsaid series of questions.
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`(Previously Presented) The method for managing data of claim 1 wherein step (b)
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`includes the substepsof:
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`(b)
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`tokenizing said questionnaire thereby producing a plurality of tokens representing
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`said questionnaire by:
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`(i)
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`(ii)
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`assigning at least one token to each question of said series of questions;
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`assigning at least one token to each response called for in said series of
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`questionsto identify the type of response required; and
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`(iii)
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`assigning at least one token to each branchin said questionnaire to identify
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`the required program control associated with said branch.
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`(Previously Presented) The method of data management of claim 1 wherein the
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`transmission of said tokensin step (c) occurs via the network ofstep (e).
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`

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`(Previously Presented) A method for modifying a questionnaire used in data
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`managementaccording to the method of claim | includingthe steps of:
`
`(a)
`
`(b)
`
`(c)
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`making at least one incremental changeto a portion of the questionnaire;
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`tokenizing said at least one incremental changeto said questionnaire;
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`transmitting at least a portion of said tokens resulting from step (b) to a remote
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`computing device, said transmitted tokens comprising less than the entire
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`tokenized questionnaire;
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`(d)
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`incorporating said transmitted tokens into said questionnaire at said remote
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`computing device.
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`(Previously Presented) A method for collecting survey data from a user comprising:
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`(a)
`
`(b)
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`designing a questionnaire having branching logic on a first computer platform;
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`automatically transferring said designed questionnaire to at least one loosely
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`networked computer;
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`(c)
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`executing said transferred questionnaire on said loosely networked computer,
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`thereby collecting responses from the user;
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`(d)
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`automatically transferring via the loose network any responses so collected to a
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`central computer; and,
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`(e)
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`making available on the Web any responsestransferred to said central computer in
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`step (d).
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`

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`(Previously Presented) The methodfor collecting survey data according to claim 7
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`further comprising:
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`(f)
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`assessing a charge for each transferred response received by said central computer.
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`(Currently Amended) A method for managing data transfers between computers
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`including the steps of:
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`(a)
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`creating a questionnaireat a first site in a first computer located at a secondsite,
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`said first site and said second site being connected by a network;
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`(b)
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`transmitting said questionnaire to a remote computer via said network, said
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`remote computer running an OIS;
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`(c)
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`modifying said questionnaire with incremental changesat a third site in saidfirst
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`computer located at said secondsite; and
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`(d)
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`transmitting said incremental changes from said first computer to said remote
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`computer via said network;and,
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`(eS modifying said questionnaire in said remote computer with said incremental
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`changes.
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`10.
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`(Previously Presented) The method for managing data transfers between computers
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`according to claim 9 whereinsaid first site and said third site are the same.
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`11.
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`(Previously Presented) The method for managing data transfers between computers
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`according to claim 9 wherein said thirdsite is at said remote computer.
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`

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`12.
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`(New) A method for managing data comprising the steps of:
`
`(a)
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`establishing communications between a handheld computing device and an
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`originating computer;
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`(b)
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`receiving within said handheld computing device a transmission of a tokenized
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`questionnaire from said originating computer, said tokenized questionnaire
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`comprising a plurality of tokens;
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`(c)
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`ending said communications between said handheld computing device and said
`
`originating computer;
`
`(d)
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`after said communications has been ended,
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`(d1)
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`executing at least a portion of said plurality of tokens comprising said
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`questionnaire on said handheld computing device to collect at least one
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`response from a user, and,
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`(d2)
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`storing within said computing device said at least one response from the
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`user;
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`(c)
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`establishing communications between said handheld computing device and a
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`recipient computer; and,
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`(f)
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`transmitting a value representative of each of said at least one response stored
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`within said handheld computing device to said recipient computer.
`
`The method for managing data according to Claim 12, wherein step (b) comprises the
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`steps of:
`
`(b1)
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`creating a questionnaire,
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`

`

`(b2)
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`tokenizing said questionnaire, thereby producinga plurality of tokens
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`representing said questionnaire,
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`(b3)
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`storing said plurality of tokens on a computer readable medium accessible
`
`by said originating computer,
`
`(b4)
`
`(b5)
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`accessing said stored plurality of tokens from said originating computer,
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`transmitting said stored plurality of tokens from said originating computer
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`to said handheld computing device, and,
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`(b6)
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`receiving within said handheld computing device said transmission ofsaid
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`tokenized questionnaire from said originating computer
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`14,
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`(New) The method for managing data according to Claim 12, wherein said originating
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`computer and said recipient computer are a same computer.
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`15.
`
`(New) The method for managing data according to Claim 12, wherein said step (d1)
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`comprisesthe stepsof:
`
`(1)
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`requiring a user to authenticate with said handheld computing
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`device,
`
`(ii)
`
`only if the user is able to authenticate with said handheld
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`computing device, executing at least a portion ofsaid plurality of
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`tokens comprising said questionnaire on said handheld computing
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`device to collect at least one response from a user, and,
`
`(iii)
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`if the user is unable to authenticate with said handheld computing
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`device, taking no further action.
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`

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`16.
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`(New) The method for managing data according to Claim 12, wherein said questionnaire
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`comprisesat least one question.
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`17,
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`(New) The method for managing data according to Claim 16, wherein at least one of said
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`at least one question is selected from a group consisting of a food quality question, a
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`service quality question, a waiting time question, a store number question, a location
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`question, a time question, a date question, a temperature question, and a time of day
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`question.
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`18.
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`(New) The method for managing data according to Claim 12, wherein step (a) comprises
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`the step of establishing communications via the Internet between said handheld
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`computing device and said originating computer.
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`19.
`
`(New) A method for managing data comprising the stepsof:
`
`(a)
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`establishing communications between a handheld computing device and an
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`originating computer, said handheld device havingat least a capability to
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`determine a current location thereof;
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`(b)
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`receiving within said handheld computing device a transmission of a tokenized
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`questionnaire, said tokenized questionnaire comprising a plurality of tokens;
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`(c)
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`ending said communications between said handheld computing device and said
`
`originating computer;
`
`(d)
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`after said communications has been terminated,
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`

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`(d1)
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`executing at least a portion of said plurality of tokens comprising said
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`questionnaire on said handheld co