throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Docket No. LEN0O001-RE
`Control No. 90/012,669
`Confirmation No. 3700
`
`US. Patent No. 6,624,843
`Art Unit: 3992
`Examiner: Yuzhen Ge
`
`PATENT
`
`Title: Customer Image Capture And Use ThereofIn A Retailing System
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`DearSir:
`
`I, Jerry W. Lennon,declare as follows:
`
`1.
`
`Jam over the age of 18 and a residentof the State of Illinois. If called upon to do so, I
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`could and wouldtestify to the following facts.
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`2.
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`Ireside in Woodridge,Illinois, and have a mailing address of 7719 Butternut Court,
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`Woodridge, IL 60517.
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`3.
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`invented the subject matter disclosed and claimed in the above-referenced United States
`
`Patent No. 6,624,843 (hereinafter the “‘843 patent’).
`
`4.
`
`The ‘843 patent has a filing date of December 8, 2000 and claimspriority to U.S.
`
`Provisional Patent Application No. 60/170,057 (hereinafter the “‘057 provisional
`
`application”).
`
`5.
`
`6.
`
`The ‘057 provisional application hasa filing date of December 10, 1999.
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`Independent claim 1 of the ‘843 patent recites an apparatus for manipulating a customer
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`image corresponding to a customer. The apparatus includes (1) a controller and (2) an
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`image capture system coupled to the controller. The image capture system captures the
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`customer image of the customer and provides the customer imageto the controller. The
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`apparatus includes (3) a database coupled to the controller. The database stores the
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`customer image andat least one apparel style image correspondingto a potential purchase
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`item. The apparatus includes (4) an image display system coupled to the controller. The
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`image display system displays a composite image that includes the customer image and any
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`one ofthe at least one apparel style image, thereby allowing the customerto assess the
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`potential purchase item without havingto try it on.
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`Independent claim 14 of the ‘843 patent recites a method for manipulating a customer
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`image corresponding to a customer. The method includes (1) capturing the customer
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`image. The method includes (2) generating a composite image comprising the customer
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`image and oneofat least one apparel style image corresponding to a potential purchase
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`item. The step of generating the composite image further comprises retrieving the
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`customer image in responseto a request for the composite image. The methodincludes(3)
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`displaying the composite image, thereby allowing the customerto assess the potential
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`purchase item without havingto try it on. The method includes (4) storing the customer
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`image.
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`All other claims of the ‘843 patent are dependentdirectly or indirectly on claims 1 and 14.
`
`I am informed that the “843 patentis the subject of an Ex Parte Reexamination under 37
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`C.F.R. § 42.100 (hereinafter the “Request’’) filed by Third Party Requestor (hereinafter the
`
`“Requestor”’). Iam informed that the Requestor cited Saigo, U.S. Patent No. 6,142,628
`
`(hereinafter “Saigo”) and Rom, U.S. Patent No. 6,307,568 (hereinafter “Rom’’), to argue
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`that the claims of the “843 patent are invalid in view ofthe art.
`
`I am informedthat the
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`Examinerhas rejected claims 1-2, 4-7, 14, 16-17 and 19 under 35 U.S.C. 102(e) as being
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`anticipated by Saigo and/or Rom.
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`10.
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`I am informed that the effective date of Saigo is May 7, 1999.
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`11.
`
`I am informed that the effective date of Rom is October 28, 1998.
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`12.
`
`I declare that I conceived ofthe inventionsrecited in the rejected claims of the ‘843 patent
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`prior to October 28, 1999, the earliest of the effective dates of Saigo and Rom, and worked
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`with diligence to reduce to practice the inventions described in the rejected claims.
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`13.
`
`Exhibit “A” and Exhibit “B” show that I conceived of the inventionsrecited in the
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`rejected claims of the ‘843 patent no later than March of 1998, prior to October 28, 1998,
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`the earliest of the effective dates of Saigo and Rom.
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`14.
`
`Exhibit “A” and Exhibit “B” are two Non-Disclosure/Non-Circumvent AgreementsthatI,
`
`as an independent contractor and designate of StarToonsInc., entered into with John A.
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`Tolson Hon March 12, 1998 and Michael Ryan on March 13, 1998, respectively.
`
`I entered
`
`into the agreement in Exhibit “A” to discuss Mr. Tolson’s potential investment in my
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`efforts to build a system to actually reduce to practice the subject matter claimed in the
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`“843 patent.
`
`I entered into the agreement in Exhibit “B” to discuss Mr. Ryan’s potential
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`role in helping to oversee business operationsrelating to my efforts to reduce to practice
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`the subject matter claimed in the ‘843 patent.
`
`15.
`
`Addendum (B) of each of the agreements in Exhibit “A” and Exhibit “B” describes an
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`implementation of the invention — an application referred to as “Image You Wear” — and
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`showsthat I had conceived of the inventionsrecited in the rejected claims of the ‘843
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`patent no later than March 12, 1998.
`
`16.
`
`Addendum (B) of each of the agreements in Exhibit “A” and Exhibit “B” also describes
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`how to make and use an implementation of the invention recited in the rejected claims of
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`the ‘843 patent.
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`17.
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`I acted with due diligence to reduceto practice the inventions describedin the rejected
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`claims of the ‘843 patent from March 12, 1998 to December 10, 1999, the date the ‘057
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`provisional application wasfiled.
`
`18.
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`For example, I was an independent contractor for StarToonsInc., including during the time
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`period of March 12, 1998 to December 10, 1999. During this time period I engaged in
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`regular discussions with StarToonsInc. regarding the subject matter claimed in the ‘843
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`patent, including discussions regarding joint efforts between StarToonsInc. and myself to
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`build a system to actually reduce to practice the subject matter claimed in the ‘843 patent.
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`Aspart of these discussions, StarToons Inc. granted me permission to engage in
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`discussions, as a StarToonsInc. designate, with potential investors that may be interested in
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`investing in building a system to actually reduce to practice the subject matter claimed in
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`the ‘843 patent.
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`19.
`
`The Non-Disclosure/Non-Circumvent Agreements shown in Exhibit “A” and Exhibit “B”
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`with Mr. Tolson and Mr. Ryan were signed in preparation for Mr. Tolson’s potential
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`investment in my efforts to help build such a system, and Mr. Ryan’s potential assistance in
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`oversight of a business entity to build and market the system.
`
`20.
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`Unfortunately, my health started to quickly deteriorate almost immediately after I signed
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`the March 1998 Non-Disclosure/Non-Circumvent Agreements. As a result, my work on
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`the inventions of the “843 patent was significantly slowed by my poor health. Although I
`
`did not knowit at the time, my deteriorating health turned out to be caused by advanced
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`liver disease. My advancedliver disease is described in Exhibit “C,” whichis a Petition to
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`MakeSpecial dated December 6, 2001 that wasfiled in the United States Patent and
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`Trademark Office, and includesa letter from my doctor, James R. Clark, M.D, dated
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`November14, 2001.
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`21.
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`Even though I was in extremely poorhealth, I made continuous attempts between March
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`12, 1998 and December10, 1999 to reduceto practice the inventions described in the
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`rejected claims of the ‘843 patent.
`
`22.
`
`Exhibit “D” - Exhibit “H”are sketches, renderings and memos from around the summer
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`of 1999 regarding the designs that I helped develop in collaboration with StarToonsInc.,
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`which describe an implementation of the invention described in the rejected claims of the
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`“843 patent. In particular, Exhibit “D”is a July 1999 rendering of an implementation of
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`the invention described in the rejected claims of the “843 patent. Exhibit “E”is a July 22,
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`1999 facsimile transmission referring to renderings of an implementation of the invention
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`described in the rejected claims of the ‘843 patent. Exhibit “F” and Exhibit “G”are
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`additional renderings from July 23, 1999 of an implementation of the invention described
`
`in the rejected claims of the ‘843 patent. Exhibit “H”is a letter from me to Mr. Doug Rice
`
`regarding revisions to the renderingsillustrated in Exhibit “F,” which is an
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`implementation of the invention described in the rejected claims of the ‘843 patent.
`
`23.
`
`Exhibit “I” is a June 22, 1999 detailed description of an implementation of the invention
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`described in the rejected claims of the ‘843 patent.
`
`24.
`
`Exhibit “J” is a redacted confidential business plan of “Image You Wear,Inc.,” the
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`company jointly set up by Mary Ann Tobar and me on June 23, 1999 in order to build and
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`market a system to implementthe inventions described in the rejected claims in the “843
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`patent.
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`25. Exhibit “D” — Exhibit “J” demonstrate that, evenwith deteriorating healthand severely
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`limited physical abilities, 1 made diligent efforts to reduce to practice an implementation of
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`the invention described in the rejected claims ofthe‘843patent.
`
`26. Exhibit “K” is a redacted letter to the patentattorney RobertP. Hart ofBanner & Witcoff
`
`Ltd, dated November 9, 1999, requestingthat a patent application be prepared and filed
`
`with respect to the subject matter claimed in the ‘843 patent.
`
`27. OnD ecember 10, 1999, the *057 provisional application was filed, thus constructively
`
`reducing to practice the subject matter claimed in the ‘843 patent.
`
`28.
`
`In summary, I conceived ofthe inventions described im the rejected claims ofthe ‘843
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`_ Patent prior to October 28, 1998(the earliest ofthe effective dates ofSaigo and Rom), and
`
`worked with diligence to rechice the inventions to practice,which occurred onDecember
`
`10, 1999, when the ‘057 provisional application was filed. Any perceived delay in
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`reductionto.practice from. October 28, 1998 toDecex nber 10, 1999 was due to my poor
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`health during this period, which was caused by a serious medical condition.
`
`29. The acts described above all took place in the United States ofAmerica.
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`36. Uhereby declare that all statements made hercin ofmy own knowledge are true and that all
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`statements made on information and beliefare believed to be true; and further that these
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`statements were made with the knowledge that willful false statements and the like so made
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`are punishable byfine or imprisonment, or both, under [8 U.S.C. § 1001, and that such
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`willful false statements mayjeopardize the validity ofthe application or any patentissuing
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`thereon.
`
`Date: February 11,2013
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`Exhibit A
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(4 PAGES INCLUDING THIS COVER PAGE)
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`ST
`
`Non-Disolosure/Non-Circunivent Agreement
`
`and
`This Agreament entered inte this 12 day of March, 1998 by and between John A. Tolson
`any of his officers, directors, ernployeas ancl afffiates, and StarToons inc. and their officers,
`directors, amployees and their designate Jerry W. Lannen.
`
`Se Hh resolved, that in consideration of the recitals contained herein, and other valuable
`considerations, which is hereby acknowledged, the undersigned parties do hereby agree that
`
`&. bach of the parties agrees that the information contained In Addendum (8) shall remain the
`properly of the revealing party for the duration of this Agreamant.
`
`BS. in rgcagnition of such property each of the parties herato pledge fo the other that neither
`they Nor any person, corporation or ifs divisions, subsidiaries, agents or consultants with whom
`Hey are associated will make any contact with, deal ar othenvise become invatved in any
`relationship,
`transaction and or negotistion with any buyers, sellers, provider,
`institution,
`corporation, partnership or individual, trusts, government, investors and fenders revealed t
`them during, the durafion of this Agreement on Inferactive or Media projects that involve the
`concept this Agreement covers as outlined in the Addendums (8) without a contract between
`all the signing cartlas made pany to fis Agreement,
`
`C. Each party herefo stisuates that they shall keep totally confidential any and all concepts,
`scrips and applications conceming inferactive or media projects,
`resources and expert
`support, Le. names, telephone and facsimile numbers, anc other matters ansing beiwean the
`parties hereto.
`Each pramises not fo disclose fo any other person or entity any such
`information without permission by the other party hereto in writing.
`
`Q. Kis agreed that this Agreement shall remain in effect far the period of three (3) years or the
`fe of any agreements, contracts or commercial arrangements or which ever shall be longer.
`Buyers, sellers, providers, instiuions, corporations, indhiduails, trusts, governments, investors
`and lenders shail remain the property of the revealing party for the duration of this Agreement,
`
`&. in the event of any disputes in connection with this Agreement, the parties agree to settle
`osfore the American arbliration board as construed anc govemed by the laws of the State of
`Hinais, Their judgment shell be consitered binding and final fo both parties,
`in the event thet a
`ensuing judgment is reached all arbitration cost and reasonable afforney fees shail be paid by
`the faulfed party as construed and governed by the laws of the State of Mineis.
`
`Ths agreement incorporates are supersedes all prior negotiations and agreements, any
`addifions or amendments must be in witing and agreed by both signing parties
`
`A
`
`en
`
`By:
`
`=e
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`Addendum (3B)
`
`“MAGE YOU WEAR"
`
`Abstract: The program and apnlication called, “mage You Wear consist of using the ability of fifth generation computers
`to exaauie furzy programs, fo use discretion fo select vast arunts of visual information from a database ta match rea!
`lime caplured viteo,
`
`GancentimageYouWearis an orginal program application to be marketed to upscale fashion merchandisers who
`focus inelr sales fo retell customers. The retailer wil recognize the enteriainmant value as well as the unigue methad to
`showsass their merchandise, by placing thelr customers in featured or aelecied merchandise in a virtual reality setting in
`an interactive way that will act as a point of purchase sale fool thal wil trigger impulse sales.
`
`The conlent can be created from providing a tani key ayatem or, modifying the offenis existing hardware and software to
`deliver a stand alone system with on auing update service. The sppieation Bossibities are only limitedby she carvent
`aalected and ihe storage capacity of fhe system and the creafivity OF fhe content dat is selected by the programmer.
`
`Concept overview A viieo foop is selecter! of a parsun while shopping where the system is installed, The subjectis
`unaware they are being selected and taped. This can be dene from a video camera that can dauive as a security camera,
`The selected parson is reconied when they enter inte a select camera eld. This angie is used as a reference guide te
`stlect and to maich the subject to 4 previous video tape af merchandise that was selected and displayed an a fve
`fumeay model that traveled dhe sare carrera pati: with their face and arms mask oul by blue screen effect, The
`program then using fuezy logic matches (he sujet fo featured merchandise that fits the subject’ physical characteristic
`and Rody Janguage when Mere is a ated Hf ie modified and afaredt
`CAS otae
`aS
`Later when ihe subject wancdars into fhe interior of the depariment were the actual featured or selectad merchandise is
`displayed, the subject composite image is recagnized by the computer and this triggers the selected composite on s
`monilor showing the parson wearing and madeling the selected featured merchandise in a creative Setting that always
`Complements the person whose nage was selected. Again unitizing discretion to pick physical and personally
`characteristic the program will seleot virtual realist setting fa enhance the composite Image that will focus the attention of
`the subject or (hase in the viewing area to inspect ihe actual merchandise to consider purchasing .
`
`Atter market: the slorad image oan be sent to the Intemet address of the subject as a reminder of the Just haw the
`merchandise isoked on ihe subject Le. fike a post card aciveriisament of a safe inquiry but customized,
`
`Marketing: Based the wide distrifution methods apen te this apoloation this pragramis sulted to be structures as @
`Hoensed franchise company ~-Besides major Retailers all intemet providers will see the advantage of Being able to
`provide this kind of services.
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`Moermeof Tinderstanding
`
`PRODUCT / MEBTING DISCLOSURE FORM
`
`MEETING DATE:
`
`63/12 /98 TIME 110-00AM
`
`DISCLOSURE To Jonh A.Tolson il
`
`ABDRESS 305 Chicago Ave. Evanston TL 60202
`
`INDIVIDUALS PRESENT AT MEETING:
`
`SENKAME
`
`Jonh A.Tolson tl Vice President
`tnatetyAAA
`SANAANANANNS
`PRINT NAME & NILE
`
`ECIMPANY
`
`
`
`“conamnunene
`
`“SIGN NAME
`
`sosnennnnnenenabtyWiLessonProjectIntecrstorStrPensIno,
`
`PRINT NAME & TTILE
`COMPANY
`
`SEINKAMERENEEEnae
`
`LJonn A.Jorson. do herbyacknowledge that dhe procuct/concem! knownaa ‘Image You Wear 7 was revealedto me today
`by STARTOONS INC. and Jerry WLennon, (hercinafier known as “Ineentors”}. THis product/concept is NOY omrently under any
`sage of development by my fin. I schnowledgethat a fall produet/concept desoription with technical and marketing kaormation was
`revealing fo nie andany members ofnyfirms Usted aboveunder the tars ofa secrecy agreement signedprior te the infirmation boing
`revealed. | further acknowledge that the product’ onacegt was revestedto me and my firmfor the perpose of our evaluationoftheides
`with respect to possible investment, purchase or license for commercial use and profit, My signature on the Hine belowindicates Try
`uooeptance ofall formsof thesecrecy agreement and acknowledgment of the idea ax an arisinal product’conceptof Reantors.
`ee
`i,oe foe SF.
`b
`Signature onl&SiBicRetetedlbLOMBBEcen Viate (02LI
`f
`£ i
`?
`“Fy
`.
`~
`“Sa oe
`7oO
`cA
`i“
`“
`
`WitnessfhSeeaSer.ereoeBbeoeteeeaeoatnnenceticancaenntnennnaennntnaccaneeneurennns
`
`Lo /
`OR
`éé
`i, derry W. Lennon /and or StarToons Ine. (hereafter known as “Iiventore”}, de hereby acknowledge that the
`prodact/concept known aadmage You Wear ™that I revealed today 48 a produet/concapt alreadyander development by.
`Jonh ATolson HlThis has been domonetrated to me by the immediate presentation of materials and/or documentation
`that validetes the existence of prior work on a concept or product thet
`is similar in application and capability to my
`product/concept. The Inventor acknowledges that the above mentioned individual/Cxsmpany is not bound by the secrecy
`agrosmant signed if connection with this prodact concept and that no remuneration ar compensation is due to lnventors from
`the above ousitioned person or companyin respect to this praduct/ orncapt idea.
`
`ceevrreeennneeennenee
`
`
`
`
`For Inventars|{‘StarToons inc, and/or JerryWwLennon)
`
`Date: _
`
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`Exhibit B
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(3 PAGES INCLUDING THIS COVER PAGE)
`
`PERFECT CORP. EXH. 1010
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`This Agreement entered info this Thrtieth Day of March, 1898 by and belween Michael Syan
`and (8) any of his, officers, directors, employees and affiiaies, and StarToans Inc. and their
`officers, directars, employees and their designate Jarry W. Lennon.
`
`Be & resolved, that in consideration of the recitals confained herem, and other valuable
`considerations, which is hereby acknowledged, the undersigned parties do hereby agree that
`
`&. Each of the parties agrees that the Infarmatian canfained in Addendum (8) shall remain ihe
`property of the rewealing party for the duration of this Agreement.
`
`&. In recoandion of such property each of the parties herefa pledge to the other thal neither
`they nor any person, carporation or ts divisions, subsidiaries, agents or cansullanis with wham
`they are assacisied wil make any coniact with, deal ar otherwise become involved in sny
`relationship,
`transaction and or negafiafion wih any Buyers, sellers, provider,
`institution,
`corporation, parinership or individual, trusts, government, investors and lenders revealed te
`them during, the duration of this Agreement an inferactive or Mecig profots that involve the
`concent his Agreement covers as outlined In the Addencun? (8) without a contract between all
`ihe signing parties made party to this Agreement.
`
`. Each party herete stoulates thet they shall keap totally confidential any and all concenis,
`seripis ard apnplicationa conceming ifergeiive or media orojects,
`resources and exper
`support, Le. names,lephane and facsinuie numbers, and other maters arising bebyveen ihe
`parties hereto. Each promises not
`te discigse fo any other persen ar aniity any such
`information without permission by the other party Aereto in writing.
`
`. H is agreed that this Agrsernant shall remain in effect far the periad of three (3) years or the
`1S af any agreements, comracts or commersial arrangements or which ever shall be longer.
`esis fers, Sellars, providers, institutions, corporations, individuals, trusts, govenmimenis, investors
`She tenders shall remain the property af ihe revealing panyfor fhe durationof this Agreement,
`
`E IA the event of any disputes in cannection with this Agreemant, the paries agree fo settle
`before the American arbitration board as construed and governed dy the laws of the Slate of
`Hingis. Thay judgment ehell bs considered binding and final ia beth pariies.
`In the event hata
`Snaunig ludgment is reached all arbiiratian cost and reasonable aflorney fees shall be paid by
`the fauled parly as cansirued and governed by the laws af the State of Minas.
`
`TRS agreement mcarnories and supersedes gi afer neggiations and agreements, any
`Sddidions or amendments must be in wring and agresd by both signing parties
`Pal
`StarToons ing
`
`—esa
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`Addenda: 13)
`“MASEYOU WEAR”
`
`‘
`ok: The programs and application celled, “Eee Fou Wear” consist ofusing the
`
`ab
`afBh generation commaters fer crecute faney programe, tr ae dinortinn te select
`weet amountof'sisual information from a database to maicl coaltime captured siden.
`
`ceercet deomge For Mer is ant origingl program agetication to be marketed to upscale
`fahion merchendinars whe fhaus thar axles to neiall customers. The retaileroll pecogmiae
`the enteriaianent value ae wall as theankgue method 40 shownnss thar merchaading, by
`gincing tele cuntomers ix Gaahured ar eolected merchandive in a virtual reality settingin as
`iasactive verythat will act as a pede efporchane ade coalthet will grlggar imepades salen
`
`The content cae be created thoes providing a han key sytemor, modifting the clients
`aciating hardware and sodhnare todeliver 4 stand alone gystem: with at going npdate
`sevvios. The qaaviontin:aneuiiiities ane only Anaited by the coment aniectedond! the
`swaearecapacityQFthesree walvascreativityaf decontent thariyselectedDyshe
`
`myerviee A vider long is eeleoted ofa person wiles ahopgiag wherethe system
`vomavtalled Thesubject isummwaretheyane being selectedaendtaped. This canbedene
`from a video camere Glut cay deadly axea avenrity camara The adeted posetis
`sepnrded whee they enter Ree o andert camerafede, This angle is cand aa a redirence
`guide ta select and to matok tha mubjent fo a previous vidge tags ofmerchandixe that war
`atited aad diuoleved os e Sens aameay aaa thal traveled Sie corer centpa with
`
`matches the aubiect to Setered morshundise that fits the subjects physical charanteriatic
`and dodk Jonge wher dere oo mitod ff 2 aneliiedaadsored
`Later wis the suhjest wanders inte the terior ofthe department were the actual
`
`thetured or selectedmerchunvliveis displaynd, il: eijent eamposiis dmage & recognized
`by thecougaater and this wlggerethe eadacted compasite aw amontior showing Ge pers
`‘pearingaid madeting teectectedFeaturedmarekiandionimacreativeoettingthat alveays
`a
`s the parson whoo imagewae aglected, Aguin undtining diacration to nick
`
`sysies aed porsamaity chanscteristic theprogramwill selectvirtualrealist setting30
`
`Schawonthecormpoctaanfatwilegtbesnetionofthe subjectcsthoseithe
`
` SORT HS
`
`virwing area to Rapest the actual merchandise 40 conaider gurchagag Alte
`mets ihe
`stored image cas he senttythe lotemnet address ofthe aubloct axareminder
`oF chejase
`iene the cuechesdinn louked an the auhlect Le. Eke a post cand adeartiagment ofa aglebot
`sustomiand.
`
`Marketing: Based the wide distitution mathods open te tis apploation this progrant is
`auitedto be Gruskue a3 a Heensed Sanchise company,besides major Retailers all Teterset
`companies wilacetheadvantageo'beingabletopedetskindofeevee
`
`
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

`Exhibit C
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(5 PAGES INCLUDING THIS COVER PAGE)
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`(Attorney Docket No. 0477S000)
`
`
`
`
`
`CaneNepaltage’nglMenge!maeengiMeaggel
`
`yt.
`Exaruner: Unassigned
`
`Xe
`o, hy
`
`ay
`
`
`
`in the Application af erry W. Lennon
`
`Appieation No. G0/793,197
`
`Filed: December 8, 2000
`
`For:
`
`CUSTOMER IMAGE Caprurr anp Use
`
`US. Patent and Trademark QMice
`Pp,9, Rox DAi7F
`Asington, VA 222020527
`
`“a
`Dear Sir:
`
`GroupArtUnit: 2771
`THEREOS IN A RETARANG ByYSTEM
`PETITIONTOMAKESPECIAL
`
`Applicant reapectfilly petitions to make the above-cited applicationspecial for accelerated
`
`examination. The aplication was fled on December 8, 2000 and has net received any examination
`
`by the eNEITLNET, All of the claimsare directedfo a single Invention,
`
`As provided by 37 CFR 11G1{c), the reasonfor the request is that the Applicant maynot be
`
`able {¢ assist In the prosecution ofthe application dueto thestate of Applicant's health, Adoctor's
`
`certificate 18 attachedto corroborate this possibility.
`
`Although applheant believes that na fee is required, the Conmimissioner is authorized to charge
`
`any fees in commection with this Petition to Deposit in No. O 1-850.
`
`.
`|
`.
`Deted: December 6, 2001
`
`BANDS & WITCH, Ui,
`
`PEN BOUT# WadKEREdy=
`
`Respectfully submitted,
`
`Banner &Wrreorr, Lyn.
`
`ge
`Zz
`Ry: ketmed} ee
`Renneth PF. Simicdik
`Registration No. 44344
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

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`PERFECT CORP. EXH. 1010
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`OF. Wishing, Oe soggy, OO NOT SERS SEES OR OUMPLETED FORMS TG THIS ADDRESS. SEND Th As
`Patants, Washington, O° 2as37.
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

`
`
`*
`
`
`
`
`
`OFrs
`
`CERTIFICATE OF EXPRESS MAIL
`(PATENT)
`
`MeohnalgayCe
`SF
`SEM?2109
`
`Express Mail No. EV D37270RS9US
`Deposited December 6, 2001
`
`f hereby certify that the attached correspondence, identiied below, is being deposited
`
`wrth the United States Postal Service as “Express Mail Post Office to Adkressee” undeoe
`
`S37 CPR. 116 on the date uudicated above and is addressed to LS, Patent and Trademark Office,
`
`PLO. Bow 2327, Arlington, Virgmia 22202.
`
`
`
`
`
`Lennon, US. Pater Application No. 00/733197 for Customer [Mace Caprugs ann
`
`Use THEREOFIN 8 RETAILING SYSTEM
`
`x T
`
`ransmittal (7 page}
`¥etition to Make Special (1 page}
`Physician's Certificate (7 page}
`eS
`Return Recegny Pastcard
`
`&&&&
`
`* Attomey DockerNo. 04775 0001
`
`BASNER. 8 WITPCOER, LARS
`
`Hi Seuth Wacker Drive
`Chicago,seats GON
`Teleghans (232) 725-100)
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

`Exhibit D
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(2 PAGES INCLUDING THIS COVER PAGE)
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

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`PERFECT CORP. EXH. 1010
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`
`PERFECT CORP. EXH. 1010
`
`
`
`
`
`
`
`

`

`Exhibit E
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(2 PAGES INCLUDING THIS COVER PAGE)
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

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`
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`
`
`
`
`
`
`
`PERFECT CORP. EXH. 1010
`
`

`

`Exhibit F
`
`DECLARATION OF JERRY W. LENNON PURSUANTTO 37 C.F.R.§ 1.131
`
`(2 PAGES INCLUDING THIS COVER PAGE)
`
`PERFECT CORP. EXH. 1010
`
`PERFECT CORP. EXH. 1010
`
`

`

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