Apple Computer Inc. v. Burst.com, Inc.
EXHIBITS re 74 Declaration in Support, filed byApple Computer Inc.. (Attachments: # 1 Exhibit L Part 1# 2 Exhibit L Part 2# 3 Exhibit L Part 3# 4 Exhibit L Part 4# 5 Exhibit L Part 5# 6 Exhibit L Part 6# 7 Exhibit L Part 7# 8 Exhibit L Part 8)(Related document(s) 74 ) (Brown, Nicholas) (Filed on 12/9/2006)
Apple Computer Inc. v. Burst.com, Inc.
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Doc. 79 Att. 6
UNITED STATES DEPARTMENT OF COMMERCE
Address: CUMMISSIONER OF PAWNTS AND TRAOEMARKS .. . .. .
Patent and Trademark Office
E3M1/0903 RICHARD A. LANG C/O INSTANT VIDEO TECHNOLOGIES; INC.. 500 SANSOME STREET. SUITE 503 SAN FRANCISO. CALFORINA 94111
m e f
NOTICE OF ABANDONMENT
This application is abandoned in view of: Applicant`s failure to timeiyfile a proper responseto the Office letter mailed on
0 A response (with a Certificate of Mailing or Transmissionfo )time of-month(@) rejection.
,which Is after the expiration of the period for response (including a total extension of which expired on ,but it does not constitute a proper responseto the final
was received on
0 A proposed responsewas received on
0 No response has been received.
(A proper responseto a final rejection consists only of: a timely filed amendment which places the application In condition for allowance; a Notice of Appeal; or the filing of a contlnulng application under 37 CFR 1.62 (FWC).
Appllcant's failure to timely pay the required issue fee within the statutory period of three months from the maillng date o the Notice of Allowance. f
0The issue fee (with a Certificate of Mailing or Transmlsslon of
The submitted issue fee of $s i
) was received on
insufflcient. The issue fee required by 37 CFR 1.I8is $ . -
0The issue fee has not been received.
Appllcant's failure to timely file new formal drawings as required in the Notlce of Aliowabllity.
0Proposed new formal drawings (with a Certificateof Mailing or Transmission of
0The proposed new formal drawings filed 0 No proposednew formal drawings have been received.
are not acceptable.
The express abandonment under 37 CFR 1.62(g) in favor of the FWC application filed on
47 !$) ,iqw .
The letter of express abandonmentwhich is signed by the attorney or agent of record, the assignee of the entire interest, or all of the applicants. The letter of express abandonmentwhich is signed by an attorney or agent (acting in a representative capacity under 37 CFR 1.34(a) upon the filing o a continuing application. f The decision by the Board of Patent Appeals and interferences rendered on for seeking court review of the decision has expired and there are no allowed claims. and because the period
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MON 1 5 : 0 7 FAX 703 3 O F
USPTO GROUP 280
(1 1 Marc A. Sockol I1 Huy Nguven 2
Date of Interview Type:
Jun 3 , 1997 0
1 Telephonlc X
0 Personal (copy ISgiven to
5 applicant's representatlve).
Exhibit shown or demonstratlon conducred:
No. If yes, brief description:
was not reached.
Claim's) discussed: 2 7 Identification of prlor art dlscussed: lzeki (4,974,1781 ,Eogers 14,920,432) snd Muramuto (4,947,0541, rhe applied arr
Adding in claim 2 7 new limirarion * 8 receiver", the amended c a m 2 7 would overcome fhe applied an. However. the li new limirarion raises new issue that require a furrher search and consideration and willnot be entered.
Description of the general nature o what was agreed io If an agreement was reached, or any other comments: f
(A fuller description, if necessary, and a copy of the amendments, if available, which the examlner agreed .would render the claims allowable must be sttached. Also, where no copy of the amendents which would render the claims allowable is available, a summary thereof must be attached.)
11 is not necessary for applicant to provide a separate record of the substance of the inferview.
Unless the paragraph above has been checked to indlcate to the contrary, A FORMAL WRITTEN RESPONSE TO THE LAST OFFICE .'.3T:3N IS NOT WAIVED AND MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW. (See MPEP Section 713.04). If a response to the last Office acrion has already been filed, APPLICANT I GIVEN ONE MONTH S FROM THIS INTERVIEW OAT TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVEW.
Since the Examiner's inrerview summary above (including any attachments1 reflects a complete response 1 0
E x a m i m r Nor.:
You murl *ion 4mt $ramp chis torrn unlcav it is an arrdchment to a ri9n.d Officc &.ion.
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STATE OR COUNTRY
SHEETS TOTAL DRWGS. CLAIMS
FILING FEE RECEIVED
%I I6.Q -
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APPROVED FOR LICENSE
I ITI A LS N
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> Case 3:06-cv-00019-MHP
Document 79-7 Filed 12/09/2006 Stzple Issue Slip Here
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INDEX OF CLAIMS
N I ......................... A 0
-._ Page 7 of 40
Staple Issue Slip Hae
INDEX OF CLAIMS
: ; . i p i' .. Case 3:06-cv-00019-MHP
. .. .
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Form PTO 1130 (REV 2/94)
US DEPARTMENT OF COMMERCE ..
PACE DATA ENTRY CODING SHEET FILING DATE
PatentandTrademarkOffice lsT u ,
PTOL.SZB (AW a m
__-_ _-_ .
GPO 1 8 8 n ~ ~ i ~ ~ z 1 ~ 0 ~ 0 8
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Serial Number:' 08/896,727 Art Unit: 2712
Chim Rejections - 35 U.S.C. 8 I03
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
rejections set forth 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 of this title, if the differences between the subject matter sought to be patented and thc prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertziins. Patentability shall not be negatived by the manner in which the invention was made.
Claims 27-41,43-68,70-100, 102-113,115-129 and 131-194 are rejectedunder 35
U.S.C. 103(a) as being unpatentable over Izeki et a1 in view of the admitted prior art in the specification at pages 7-8 and Hamilton et a1 (4,897,717). Regarding claims 27,43,85, 105, 115, 131, 132, 143, 158-161, 162, 169, 170, 172, 173, 176, 186, 189, 192, and 194, Izeki et a1 discloses a video and audio recording apparatus, Figs 1-5, for receiving audiohide0 information, compressing the audio / video information, and storing the compressed audiohide0 information in a storage means for later selectively retrieving and transmitting the audiohide0 information to another audiohide0 apparatus. The apparatus comprises input means (43 and 44) for receiving audio and video information to produce the compressed video and audio information; means (53,52,110) for storing the compressed audio and video information; means for receiving the compressed audio and video information; and editing means (47) for editing the compressed audiohide0 information and for storing the edited audio or video information in the storage means; and output means (80) for outputting the edited audiohide0 information away from the audio and video apparafus.
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Serial Number: 08/896,727 Art Unit: 2712
Izeki et al fails to specifically teach that the compressed audiohideo information are the time-compressed audiolvideo information as recited in claims 27,43, 55, 85, 105, 115, 131, 132,
143,162,173, and 194.
However, it is noted that employing means for time-compressed audiohide0 information
so that the compressed audiohideo information can transmitted at high speed (in flash or burst
period) and so that to increase the capacity of a storage means is well known in the art and available in market at the time the invention was made as admitted by applicant in the specification, page 7 and 8. Therefore, it would have been obvious to one of ordinad skill in the a art to employ means for time- compressing audiolvideo information as an alternative compressing device for the compressing means of Izeki et a1 to time-compress the audiohideo information of Izeki et al in order to increase the transmission speed of the audiohide0 information as well as to increase the capacity of storing the audiolvideo information of the storage means. Izeki as modified with the admitted prior art fails to teach that the audiohide0 a transmitted in a burst time period that is shorter than the real time as recited in claims . Hamilton et al discloses a fast transfer means (Fig. 1) for transferring compressed audiohide0 data in a period that is shorter than the real time period as recited in claims. It would have been obvious to one of ordinary skill in the art to modify Izeki as modified with the admitted prior art above with Hamilton by providing a fast transfer means as taught by Hamilton in the apparatus of the modified Izeki with the admitted prior art above for transferring
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Art Unit: 2712
the compressed audiohideo data at a period that is shorter than the real time period thereby allowing the audiohide0 data transferred with high speed, Further for claims 43,44, 55,60, 131, 132 and 148, Izeki et al fails to teach that the audiohide0 information are compressed video motion programs from library. However, it is noted that audiohide0 information comprising compressed video motion programs from a video library (Video on demand) or from a broadcast via a tuner and that compressing motion video program are well known in the art . Therefore Official Notice is taken and it would have been
obvious to one of ordinary skill irithe art to use the audiohide0 apparatus of Izeki et a1 to receive the compressed motion programs as an alternative video information source to process and store the motion video programs for later viewing. Regarding claims 48, 50, 51,62, 83, 105, 133, 138, 134, 135, and 136,'Izeki et a1 fails to specifically teach a decompressing means for decompressing the compressed audiohide0 information. However, it is noted that using a decompressing means to reverse the compressed audiohideo information is well known in the art and as admitted by the applicant in the specification. Therefore, it would have been obvious to one of ordinary skill in the art to employ decompressing means into Izeki et a1 apparatus to reverse the compressed audiohide0 information to original audiohideo information to accommodate with receiving devices such as a television monitor or recorder device. Regarding claims 28,49,53,71,75, 116, 135, 137,138,140, and 141, Izeki et a1 further teaches a monitor (48) for monitoring the editing of the stored audiohideo information.
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Serial Number: .08/896,727 Art Unit: 2712
Regarding claims 29,30,37,38,39,41,56,57,77-78,95,96,97,98, 117, 118, 124, 126, 127, 129,142, 144, 145, 166, 183-185, and 187, Izeki et a1 fails to teach the use of fiber optic, telephone and microwave to couple to the input port or output port for receiving the audiokideo information from a tuner or cable and for transmitting the audiohide0 information is well known in the art . Therefore, it would have been obvious to one of ordinary skill in the art to use a fiber optic, telephone and microwave line for receiving the audio/video information at the input port and for transmitting the audio /video information from the output port. Regarding claims 31,32,59;-65,67,68,91,92,93, 102, 103, 104, 106, 107, 108, 109, 110, 112, 119, 120,146,147, 154, 155, 156, 164, 165, 179, 180, 188, 190, 191, and 193, Izekiet al fails to specifically teach that the storage means comprises an optical disk, or a WORM memory, or a semiconductor memory, or a bubble memory, or a erasable optical disk, or a CD
ROM, or a digital paper. However, employing an optical disk, erasable optical disk, a
semiconductor, bubble memory, CD ROM or a digital paper for storing information is well known in the art (See Izeki et al column 7, lines 23-31) and as admitted by the applicant in the specification. Therefore, it would have been obvious to one of ordinary skill in the art to use an optical disk, erasable optical disk, a bubble memory, digital paper, CD ROM, or WORM memory
as an alternative storage means of Izeki et al for storing the audiohide0 information of Izeki et al.
Regarding claims 33 and 34 and further for claims 85 and 172, Izeki et a1 teaches means for converting the input audiohide0 information into digital audiohide0 information and for
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Art Unit: 2712
storing the digital audiohide0 information (column 3, lines 39-43) and means for converting the digital audiohide0 information into analog audiohideo information (column 5, lines 40-5 1). Regarding claims 36, 54,94, and 182, Izeki et a1 fails to teach that the audiohide0 information is taken from a tape recorder. However, it is noted a tape recorder which capable of reproducing audiohide0 information is well known in the art . Therefore ,it would have been obvious to one of ordinary skill in the art to use the input of Izeki et a1 to receive the audio/video information from a video tape recorder as being an alternative audiohide0 information source. et Regarding claims 35 and 123-,~Izeki a1 teaches that the input audiolvideo information . supplied from a video camera. Regarding claims 40 and 128, Izelti et a1 fails to specificallyteaches that the input audiohideo information received Tom computer. However, it is noted that audiohide0 information which are generated by a computer is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to supply generated audiohide0 information from a computer as an alternative audiohide0 information source of Izeki et al. Regarding claims 61,63,70,73,75,79, 80, 82, 84, 87-88, 89,90, 149, 150, 151, 152, 157, 158, 159, 162, 163, 167, 168, 177, and 178, Izeki et a1 further teach aremovable recorder such as a tape recorder (54) for storing the audiolvideo information from the storage means. Regarding claim 86, Izeki et a1 further discloses a character generating means for generating title associated with the audiohide0 information by the user but fails to specifically teach that the title is indicating timing information. However, it would have been obvious to one
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Serial Number: .08/896,727 Art Unit: 2712
of ordinary skill in the art to use the character generating means of Izeki et a1 for generating the
character indicating the date or time, considered as the claimed timing information, of receiving the audiohide0 information of Izeki et a1 through the input by the user (key board)(column 2, lines 65-68). Regarding claims 99 and 100, Izeki et al further discloses a digital control unit means(41,56) for controlling editing h c t i o n including memory for storing instruction information to perform editing function but fails to specifically teach that the memory id a ROM However, it is noted that employing a ROM for storing necessary instruction information in a control device to control an apparatus is well known in the art . Therefore, it would have been obvious to one of ordinary skill in the art to use well known ROM as an alternative memory for the memory (56) of Izeki et al in order to accurately edit the audiohide0 information.
Claim 101 is rejected under 35 U.S.C. 103(a) as being unpatentable over Izeki et al in
view of the admitted prior art in the specification ,papers 7-8, and Hamilton as applied to claim
98 above, and further in view of Muramoto et al.
Izeki et a1 fails to teach a RGB converter for converting the stored information to RGB format. However, it is noted that employing a RGB converter for converting information into RGB format is well known in the art. For example, Muramoto teaches a RGB converter for converting stored information to RGB format. Therefore it would have been obvious to one of
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Serial Number: 081896,727 Art Unit: 2712
ordinary skill in the art to employ the well known converter as taught by Muramoto with the apparatus of Izeki for converting the information to RGB format in order to reproduce the RGB format on an appropriate monitor.
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Huy Nguyen whose telephone number is (703) 305-4775. The examiner can normally be reached on Monday to Friday from 6:30AM to 5:OOPM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner%supervisor,
Andrew Faile, can be reached on (703) 305-4380. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Group receptionist whose telephone number is (703) 305-3900.
Any response to this action should be mailed to:
Commissioner of Patents and Trademarks Washington, D.C. 2023 1
or faxed to:
(703) 308-9051, (for formal communications intended for entry)
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