Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 1 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 1 of 33
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`EXHIBIT Q
`EXHIBIT Q
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`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 2 of 33
`se 2:22-cv-01776-WSH Hecument 295! Filed 07/20/23 Page 2 of 33
`NITED STATES
`PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`17/086,181
`
`10/30/2020
`
`Keith R. McNally
`
`1245-003.CN3
`
`9878
`
`ROGITZ & ASSOCIATES
`Jeanne Gahagan
`4420 Hotel Circle Court
`stn250
`
`SAN DIEGO, CA 92108
`
`CHAMPAGNE, LUNA
`
`3627
`
`10/14/2021
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`John @rogitz.com
`Noelle @rogitz.com
`eofficeaction @ appcoll.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 3 of 33
`ment
`29-
`|
`Page
`30
`Application No.
`Applicant(s)
`17/086,181
`McNally, Keith R.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUNA CHAMPAGNE
`3627
`No
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 07 October 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on__; the restriction requirement and election have been incorporatedinto this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 1,3-8 and 13-16 is/are withdrawn from consideration.
`) © Claim(s)___is/are allowed.
`)
`Claim(s) 2 and 9-12 is/are rejected.
`) © Claim(s)___is/are objected to.
`) ©) Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11)M The drawing(s)filed on 1030/20 is/are: a) accepted or b)C) 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).
`
`Priority under 35 U.S.C. § 119
`12)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 3/29/21.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211007
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 4 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 4 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application is being examined under the pre-AlAfirst to invent provisions.
`
`Election/Restrictions
`
`Applicant's election without traverse of claims 2, 9-12 in the reply filed on 9/23/21 is acknowledged.
`
`Claims 1, 3-8, 13-16 are withdrawn. Claims 2, 9-12 are presented for examination.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 3/29/21 has been considered by the
`
`examiner.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(bo) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 1 recites the limitation "said web server computer" line 3. There is insufficient antecedent
`
`basis for this limitation in the claim. Furthermore, it is unclearif the web server computer is the “intelligent
`
`web server”.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a} which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`(a) A patent maynot be obtained though the invention is not identically disclosed or described
`as set forth in section 102, if the differences between the subject matter sought to be patented
`and the prior art are such that the subject matter as a whole would have been obvious at the
`time the invention was madeto 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.
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 5 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 5 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 3
`
`Claims 2, 9-12 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turcan et al.
`
`(2004/0125940 At),
`
`in view of BUTTERLY et al.
`
`(2002/0123913 A1),
`
`in view of Gardner et al.
`
`(2002/0178034 A1).
`
`Re-clain 2, Turcar) ei al. disclose An intelligent web server with multi-modes of contact, multi-
`
`communications protocols, multi-user and parallel operational capabilities for use in a hospitality market
`
`comprising;
`
`--at least one said web server computer; at least one hospitality software application, stored and integrated
`
`with at least one web server computer; (See e.g. paragraphs [0016] - an application program installed in the
`
`agent station. -[0040] The DHCC Application 110 may be downloaded from telecommunications network 204, data
`
`network 230, or provided on a storage media (e.g., diskette, CD-ROM, or installed by the computer system
`
`manufacturer) to install on the agent workstation 100 to enable, disable, and further control a variety of DHCC Services).
`
`--a master database comprising data and parameters of the at least one hospitality software application
`
`stored with the at least one web server computer and with a usable file structure dictated prior to execution
`
`--and with predefined formats stored within it and which intelligently learns, updates and stores multiple
`
`communication modes of contact and related operational parameters with hospitality entities and for
`
`hospitality users along with their prior preferences, if any; (see e.g. paragraphs [0012]-a memory device for
`
`Storing the data, a processor communicating with the memory device, and a call center application for managing a
`
`communications profile. --The processor selects data stored in the memory device based upon the communications
`
`profile, and typically includes information about (1) guest data associated with the incoming communication, (2) data
`
`associated with the designated party,
`
`(3) data associated with at least one of services, products, and business
`
`operationsaffiliated with the hospitality call center, (4) data associated with network configuration, (5) data associated
`
`with a configuration profile of the communications device, and (6) data associated with communications systemsof the
`
`hospitality call center.
`
`[0045]- For example, the data stored on file server 216 may need to be converted from a data format compatible with
`
`the agent station 100 (and/or for storage on the file server 216) to another data format compatible with the
`
`communications device. The data formats may include printed text formats, a voice data formats, a video data formats,
`
`a dual tone multi-frequency data formats, and a digital data format (e.g., ASCIl).
`
`[0038]- (5) customizing the communications profile associated with DHCC DataServer 42 including an access agent, a
`
`messaging agent, and a hospitality center requirements agent; --DHCC Application 110 allows the agent to control how
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 6 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 6 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 4
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`the associated data is processed into the communications system of the hospitality center including (i) sending the data
`
`to a local storage device (such aslocalfile server 216 shown in FIG. 1),
`
`[0054]- Accordingly, this invention allows the guest 1202 to use the interactive guest services to register for DHCC
`
`services by providing a list of communications devicesaffiliated with a guest (so that the DHCC application can format
`
`and/or otherwise configure incoming communications and/or associated data for the communications device),
`
`--at least one Communications Control Software Framework, (CCSF) which enables via its centralized
`
`system layer architecture the at least one web server computer to communicate with two or more wireless
`
`handheld computers and for multiple modes of contact, multiple communications protocol functionality,
`
`integrated with the master database and with the at least one hospitality software application; (see e.g.
`
`paragraphs 0012-Further, the communications interface may include meansfor providing messaging delivery means
`
`for delivering and confirming receipt/review of the incoming communication (including associated data).
`
`[0015] Another embodiment describes a method for communicating an incoming communication to a call management
`
`system or other similar system (e.g., private branch exchange (PBX)) that connects at least one agent station withat
`
`least_one telephone line, associating a communications profile with the incoming communication, accessing a
`
`communications network and/or an interactive guest services system ofthe call center to determine a status, and based
`
`uponthe status, communicating the incoming communication and/or data to the communications device of a designated
`
`party (e.g., a staff member and/or a guest). Similar to above, the status provides information aboutavailability and/or
`
`location of the designated party, availability and/or location of the communications device, messaging delivery
`
`capabilities of the communications device, and/or messaging delivery confirmation to the communications device.
`
`Further, the system may include status processing means that use the status to provide routing instructions to the
`
`communications interface for connecting the incoming call and/or associated data with the communications device.
`
`[0038] (2) accessing a guest directory including guestprofiles that provide up-to-date detailed information about the
`
`guest, such as looking up the name and/or hotel room of the guest, a status of the guest, communications devices
`
`affiliated with a guest, routing addresses of the communications devices such as radio frequency identifiers, service
`
`node addresses, IP addresses, email addresses, and/or other electronic address information, and other information
`
`associated with the guest, such as information stored in an interactive quest system (3) messaging options, such as
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`taking, saving _(e.g., email, voicemail, journal, etc.), retrieving, distributing (e.g., routing to one or more designated
`
`parties, delivery options including dates, times, priorities, etc.),
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 7 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 7 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 5
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`[0039] Thus, DHCC DataServer 42 functions as a computer server, database, and processor and is dedicated to
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`managing DHCCactivity over the hospitality’s proprietary and non-proprietary networks.)
`
`--wherein the at least one web server computer is integrated with the CCSF --as part of the same wireless
`
`handheld computer initiated user hospitality task. (see e.g. paragraphs [0045, 0047, 0039, 0034] The incoming
`
`communication and/or associated data may include voice, video, text, and/or other electronic data that is routed over
`
`the wide area network 214 through the communications interface 240 (or alternate communications means as shown
`
`in FIGS. 8-11) to the available communications device ---The communications interface 240 not only communicates
`
`the incoming communication and/or associated data, but also formats and/or otherwise configures the incoming
`
`communication and/or associated data (including messages transcribed by an agent) for the communications device.
`
`For example, the data stored onfile server 216 may need to be converted from a data format compatible with the agent
`
`Station 100 (and/or for storage on the file server 216) to another data format compatible with the communications
`
`device. The data formats may include printed text formats, a voice data formats, a video data formats, a dual tone multi-
`
`frequency data formats, and a digital data format (e.g., ASCII). --0034-allow the agent station 100 to be portable.)
`
`Turcanet al. do not explicitly disclose the following limitations.
`
`However, BUTTERLY et al. disclose ----wherein the at
`
`least one web server computer is
`
`programmedwith instructions enabled to choose and apply multiple and different modes of contact and/or
`
`different communications protocols with the hospitality entities and/or said users associated with the user
`
`requested hospitality application tasks (see e. g. paragraph 0036 - Hotel communication. See FIG. 6.
`
`Because the data processed by the LMSis current data pertaining to lodging whichis to actually occur within a relatively
`
`Short time frame, it is important to rapidly communicate with the hotel when additional rooms will be needed. Various
`
`methods can be used such as fax, email, system to system interface, or other. The following examplesillustrate the
`
`preferred methods of contact.
`
`[0037] The time periods X and Y for communicating with the hotels are determined by each hotel's unique contract with
`
`each airline and may differ for each airline or hotel. If an ADD requestis made and the flight is more than Y hours from
`
`arrival, the hotel is notified by fax of the request. For convenience, multiple ADD requests are grouped together and
`
`sent to the hotel in a single fax report at a specified time. If rooms are available for crew members, the hotel confirms
`
`the changes, preferably by return fax. If no rooms are available, the next hotel on the list of approved hotels is queried
`
`until a room is found. See FIG. 8.
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 8 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 8 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 6
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`[0038] If an ADD request is made andthe flight is less than Y hours from arrival but more than X minutes away, the
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`hotel is notified immediately by fax of the request. If an ADD requestis made andthe flightis less than X minutes away,
`
`the hotelis notified immediately by phone of the request.
`
`[0039] If an INCREASE request is made and the flight is more than X minutes from arrival,
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`the hotel is notified
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`immediately by fax of the request. If an INCREASE request is made andthe flight is less than X minutes away, the
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`hotelis notified immediately by phone of the request. If a REDUCE requestis made, the hotel may be notified by fax
`
`of the requestif the changeis for the current day. Typically airlines procedures do not make cancellations in inventory
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`rooms becausethe room might be needed for crew from anotherflight. If cancellations are made, the decrease is made
`
`at or near the date of the layover whenthe likelihood of subsequent changesisless. )
`
`Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective
`
`filing date of the invention to modify Turcan et al., and include the steps cited above, as taught by
`
`BUTTTERLYet al., because sometimesit is important to rapidly communicate with the hotel (see e.g. paragraph
`
`0036).
`
`Although Turcan et al. disclose enabl(ing) the integration of the at least one hospitality software
`
`application via the CCSF with one or more non- hospitality application; (see e.g. paragraphs /0039] in an
`
`embodiment, the DHCC DataServer 42 has the ability to communicate with various networks, including internal and
`
`external telecommunications and/or data networks using appropriate protocols, such as standard transmission control
`
`protocol and Internet protocol
`
`(TCP/IP).
`
`--
`
`[0038] controlling communications outside of
`
`the hospitality's
`
`communications system, such as communications with a telecommunications network and/or a data network.)
`
`Turcan etal., in view of BUTTERLYetal., do not explicitly disclose the following limitations.
`
`However, GARDNER etal. disclose
`
`--at least one external software API, which enables the
`
`integration of the at least one hospitality software application via the CCSF with one or more non- hospitality
`
`application; (see e.g. paragraphs [0039] -Booking channels 24 receive booking information from customers and
`
`connects by open application programming interfaces ("APis") to reservation services 30. Reservation services 30
`
`provides centralized and integrated marketing at the point of sale. --Reservation services 30 interfaces with supplier
`
`interfaces 28 to provide information to suppliers.
`
`0040] Additionally, automated travel system 10 also interfaces with airline usage data suppliers through usage capture
`
`62. Usage capture 34 processesairline usage data and interfaces with settlement/reporting services 32. The data from
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 9 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 9 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 7
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`the settlement/reporting services 32 is configured to interface with credit card companies, Direct EFT ("electronic funds
`
`transfer") account handling, andairline yield systems.
`
`[0029] FIG. 6 is a diagram showing the APIs, services and external APIs for a Flight Schedule/Availability module;
`
`[0092] Requestflight availability external communication API 172 provides flight schedule information and availability
`
`by booking class downto the flight segment level. This information is requested from a host reservation system 174
`
`using external communication protocols. )
`
`--a master database that is accessible via its own database API (see e.g. paragraphs [0705] FIG. 8
`
`illustrate the APIs, service drivers and services available to master reservation APlis/services 122. Master reservation
`
`APIs/services 122 performsall of the inserts, updates and retrieval to/from master reservation database 134.
`
`Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective
`
`filing date of the invention to modify Turcanet al., in view of BUTTERLYet al., and include the API feature,
`
`as taught by GARDNER etal., in order to ensure that data and requests passed to back-end services are
`
`functionally valid, and minimize the amount of work a traveler needs to do to create or maintain a booking.
`
`(see e.g. paragraph 0067)
`
`493
`Re-claims 9-12, Turcan et al. disclase a web server of claim 2 in which ine al leasi one hospitality software
`
`application includes executable instructions for food/drink ordering, for hotel reservations, for restaurant
`
`reservations, for event ticketing (see ¢.q. paragraph [0014] an interactive guest services system for managing
`
`guest services provided to a guest, such as, for example, services related to business services, entertainment services,
`
`hotel services, concierge services, restaurant services, travel services, tourist services, and childcare services.)
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner should be
`
`directed to LUNA CHAMPAGNE whosetelephone number is (571)272-7177. The examiner can normally
`
`be reached M-F 8:00-5:00.
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 10 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 10 of 33
`
`Application/Control Number: 17/086,181
`Art Unit: 3627
`
`Page 8
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO
`
`supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the
`
`USPTO Automated Interview Request (AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian
`
`Zeender can be reached on 571 272-6790. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To file
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`and manage patent
`
`submissions
`
`in Patent Center,
`
`visit:
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`https://patentcenter.uspto.gov. Visit
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`https:/Awww.uspto.gov/patents/apply/patent-center
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`
`/LUNA CHAMPAGNE/
`Primary Examiner, Art Unit 3627
`
`October 7, 2021
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 11 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 11 of 33
`Application/Control No.
`Applicant(s)/Patent Under
`17/086,181
`Reexamination
`McNally, Keith R.
`Art Unit
`3627
`
`LUNA CHAMPAGNE
`
`Page 1 of 1
`
`.
`.
`Notice ofReferences Cited
`
`Y Examiner
`
`*
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`U.S. PATENT DOCUMENTS
`
`
`
`[=[us-zooorzasiear_foozou[auTTERLY,Jonn|_cosaroazs [705
`
`Document Number
`
`Date
`
`wes
`
`NON-PATENT DOCUMENTS
`
`*A copyofthis reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYYformat are publication dates. Classifications may be US orforeign.
`U.S. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20211007
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 12 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 12 of 33
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit: 3627
`
`Examiner: Champagne
`
`DOCKET NUMBER:
`1245-003.CN3
`CONFIRMATION.
`NO.: 9878
`
`November16, 2021
`4420
`Hotel
`Circle
`Court, Suite 230
`San Diego, CA 92108
`
`) ) ) ) ) ) ) ) ) ) )
`
`First Named Applicant: McNally
`
`Serial No.: 17/086,181
`
`Filed: October 30, 2020
`
`An Application Software based Information
`For:
`Management And Real Time Communications System
`Including Intelligent Automated Assistants (Bots) In A
`Computing Ecosystem Including Different Types Of
`Remote Computing Devices With Different User Interfaces
`And With A Master Database That Is Accessible From
`AndStored At A Central Location
`
`RESPONSE TO OFFICE ACTION
`
`Commissionerfor Patents
`Alexandria, VA
`
`DearSir:
`
`This respondsto the Office Action dated October 14, 2021.
`
`1245-C3AM1
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 13 of 33
`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 13 of 33
`
`CASE NO.: 50X8972.01
`Serial No.: 11/946,322
`November16, 2021
`Page 2
`
`PATENT
`Filed: November28, 2007
`
`1.
`
`2.
`
`(canceled).
`
`(currently amended) An intelligent web server computer with multi-modes of
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`contact, multi- communications protocols, multi-user and parallel operational capabilities for use in
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`completing @ remotely initiated hospitality food/drink delivery or pick up ordering tasks sarket
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`comprising;
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`at least one said web server computer with web server software;
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`at least one hospitality food/drink ordering software application for delivery or pick up
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`orders=sterecd-end integrated with theat least one said web server computer;
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`an advanced master database comprising data and parameters of the at least one
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`hospitality food/drink ordering software application integrated stered with the at least one saidweb
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`server computer and with a usable menu file structure dictated prior to task execution and is
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`accessible via its own database API and with one or more predefined formats stored within it
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`and which intelligently learns, updates and stores multiple communication modes of contact and
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`related operational parameters for #4 hospitality entities and for remote hospitality users along
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`with their prior attributes or preferences, if any and then intelligently applies them;
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`atteast-one Middleware/Framework Communications Control Software Feastewerk
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`(MFCCSF) which enablesvia its centralized system layer architecture the at least one said web
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`server computer to communicate with two or more remote wireless handheld computers and for
`
`1245-C3AM1
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`

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`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 14 of 33
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`CASE NO.: 50X8972.01
`Serial No.: 11/946,322
`November16, 2021
`Page 3
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`PATENT
`Filed: November28, 2007
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`multiple modes of contact, multiple communications protocol functionality, integrated with the
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`master database and with the at least one hospitality food/drink ordering software application;
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`at least one external software API, which enables the full integration of the at least one
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`hospitality food/drink ordering software application and +4 the MFCCS# with one or more non-
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`hospitality applications via the internet;
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`at least one software food/drink menu interface API which integrates with and leverages
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`the advanced master database to enable the importing of food/drink menus including required
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`and non-required modifiers which are then automatically reflected throughout the master menu
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`tree file structure, improving efficiency while eliminating the necessity of continually querying or
`
`checking every tree branch in the master menutree file structure when responding to remote user
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`requested tasks and/or other inputs;
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`wherein the at least one said web server computer is integrated with the MFCCSE, the
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`hospitality food/drink ordering software and is programmed with instructions enabled to
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`intelligently choose and apply multiple and different modes of contact and/or different
`
`
`communications protocols, if applicable with the said hospitality entities and/or said remote users
`
`associated with the user requested hospitality food/drink delivery or pick up ordering application
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`tasks and is enabled to support the completion of those tasks.
`
`
`
`1245-C3AM1
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`

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`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 15 of 33
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`CASE NO.: 50X8972.01
`Serial No.: 11/946,322
`November16, 2021
`Page 4
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`3-16 (canceled).
`
`PATENT
`Filed: November28, 2007
`
`17.
`
`(new) Theintelligent web server of claim 2 further enabled to assign and apply sub-
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`modifiers to the required or non required modifiers.
`
`18.
`
`(new) The intelligent web server of claim 2, further enabled to include meal
`
`preparation times in the food/drink ordering.
`
`19.
`
`(new) Theintelligent web server of claim 2, further enabled to include the ability to
`
`simulate communications for a testing purpose and to monitor andstore all communicationstraffic
`
`throughit, to enable moreefficient troubleshooting and/or error detection.
`
`20.
`
`(new) Theintelligent web server of claim 2, further enabled to integrate and apply
`
`affinity and frequent customer rewards programs to the food/drink ordering as claimed.
`
`1245-C3AM1
`
`

`

`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 16 of 33
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`CASE NO.: 50X8972.01
`Serial No.: 11/946,322
`November16, 2021
`Page 5
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`Remarks
`
`PATENT
`Filed: November28, 2007
`
`In response to the rejections discussed further below, Applicant cancels all claims except
`
`Claim 2, amending Claim 2 to focus in food and drink ordering aspects and adding four new
`
`dependent claims. The instant claims optimize the clarity of their uniqueness and novelty to more
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`clearly distinguish them from the references of record. Detailed specification citations are presented
`
`to illustrate support and assist the examiner.
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`It is believed that the instant amendments overcomethe indefiniteness rejections, leaving the
`
`obviousness rejections at issue.
`
`Obviousness Rejections, Claim 2 Based on Turcan, Butterly, and Gardner
`
`Turcanis directed to a different principle of operation than Claim 2, namely, to telephonycall
`
`center operations, nowhere suggesting hospitality software applications, much less remote ordering
`
`for remote delivery/pick up orders as now claimed. Indeed, Turcan is an AT&T publication that not
`
`surprisingly is directed to telephony and call center operations for on-premise communication to
`
`various customers and/or locations associated with that particular call center physical layout and site
`
`and is single thread-communications based. In other words, Turcan’s objective is to route a single
`
`communication to a particular location and/or device/customer. There is nothing in Turcan regarding
`
`hospitality software applications much less requiring multi-thread and multiple communications and
`
`the intelligence and logic to ensure that a particular hospitality task is actually completed. Modifying
`
`Turcan to meet Claim 2 would thus defeat a principle of operation of Turcan and be improper, /n re
`1245-C3AM1
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`

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`Case 2:22-cv-01776-WSH Document 29-17 Filed 07/20/23 Page 17 of 33
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`CASE NO.: 50X8972.01
`Serial No.: 11/946,322
`November16, 2021
`Page 6
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`PATENT
`Filed: November28, 2007
`
`Ratti, 270 F.2d 810, 813 (CCPA 1959). Further, modifying Turcan to be a food and drink ordering
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`system would defeat the purpose of Turcan hence be improper, /n re Gordon, 733 F.2d 900, 902
`
`(Fed. Cir. 1984).
`
`Turcan does not teach the previously claimed CCSF (renamed now as the MFCCS to fully
`
`align with the disclosure in the center of Figure 10) and its layered approach. There is no
`
`discussion/teaching of the layered design architecture in Turcan. Turcan also does not teach/disclose
`
`the intelligent learning capability of the claims.
`
`Therejection relies on Butterly and Gardnerto render obvious, via combinations with Turcan
`
`several of the missing limitations. However, both of the secondary references are travel-related
`
`teachings and thusthe person having ordinary skill in the art (PHOSITA) imp