Apple Computer Inc. v. Burst.com, Inc.

Filing 79

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)

Case 3:06-cv-00019-MHP
Apple Computer Inc. v. Burst.com, Inc.

Document 79-8

Filed 12/09/2006

Page 1 of 25
Doc. 79 Att. 7

....

Serial Number:.08/896,727 Art Unit: 2712

Page 9

[phone], (for informal or draft communications, please label "PROPOSED" or

"DRAFT")

Hand-delivered responses should be brought to Crystal Park 1 , 2121 Crystal Drive, Arlington, 1 VA., Sixth Floor (Receptionist).

H.N

November 22,1997

APBU-00000632
Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 2 of 25

!I"'
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1 ;.

POWER TO INSPECT I COPY
1!
In re Application of
I .

Dnckat N u m m (Opllonnl)

Asslatent Cornmissianer for Pa!ents Wmhington, OC 20231
"l(rga,u
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permit ths foUavh5j panan(8) to ~cspsct and make copies of the above idur,liWS dp~IiCdItoii' Qhnyaut Shodb, Chhun Pho or Henry Doung all of Fanpat --

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,;y Applicant.
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Assignee of record of the entifc .ntereat

Attorney or agont of record Ragistretw2

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.

APBU-00000633

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 3 of 25

-

UNITED STATES UEPARTMENT OF COMMERCE Patent and Trademark Office
Address:
COMMISSIONER OF PATENTS AND TRADEMARKS

APPLICATION NO.

\

FILINQ DATE

1

FIRST NAMED INVENTOR

I

AlTORNEY DOCKETNO.

LM11/0708

MARK A SOCKOL 2225 EAST BAYSHORE ROAD STE 200 PALO ALTO CA 94303

7

MAMINER

. N b U Y t l J , 1-1

I

I

ARTUNIT

2/12
DATE MAILED:

I

PAPER NUMBER

07'0at'9a

Please find below and/or attached an Office communication concernlng this appllcatlon or proceeding.
Commlssloner o Patents and Tradomarks f

PTO-EM: (RW. 2/08)
V . S . GPO 19984374yMIomZ

1- File COPY

APBU-00000634

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 4 of 25

[Applidtion No.

-

I ApplicantM
Lang

081896,727

Notice of Abandonment
This application is abandoned in view of:

Examiner

'

Huy Nguyen

[XI applicant's failure t o timely file a proper response to the Office letter mailed on

Nffv25, 7997

.

0 A response (with a Certificate of
monthls)) which expired on

, which I after the expiration of the period for response [including a total extension of time of s

Mailing or Transmlssion of

) was received on

0 A proposed response was received on

, but it does not constitute a proper response t o the final rejection. ( A proper response t o a final rejection consists only of: a timely filed amendment which places the application In condition for allowance; a Notice of Appeal; or the fiilng of a continuing application under 37 CFR 1.62 [FWC)).

[XI No response has been received.

0 applicant's failure t o timely pay the required issue fee within the statutory period of three months from the mailing date
of the Notice of Allowance.
) was received oh 0 The issue fee (with a Certificate of Maliing br Transmlssion of 0 The submitted issue fee of $ is insufficient. The issue fee required by 3 7 CFR 1.1 8 is $

.

0 The issue fee has not been received.
0 applicant's failure t o timely file new formal drawings as required in the Notice of Aiiowabiiity.
0
Proposed new formal drawings (with a Certificate of Maliing or Transrnlssion of received on are not acceptable.
) were

0 The proposed new formal drawings filed

0 No proposed new formal drawings have been received.
0 the express abandonment under 3 7 CFR 1.62(g) in favor of the FWC application filed on 0 the letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire
interest, or all of the applicants.

0 the letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under
37 CFR 1.341a)I upon the filing of a continuing application.

c 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 aiiowed claims.

I

and because the period

0 the reason(s1 below:

U. S. Patent and Tiadernah Olllca

PTO-1432 (Rev. 5-95]

Notice of Abandonment

Part of Paper No.

35
.

_-

APBU-00000635

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 5 of 25

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

APPLICANT SERIAL NO.: FILING DATE: TITLE EXAMINER: GROUP ART UNIT ATTY.DKT.NO.:

Richard Lang 08/896,727 July 18,1997 Burst Transmission Apparatus and Method Audio/Video Information Huy Nguyen 2712 816US
I

:Q

`

W

ASSISTANT COMMISSIONER FOR PATENTS WASHINGTON, DC 20231
REOUEST FOR A THREE MONTH EXTENSION OF TIME
SIR

Applicant hereby requests a three-month extension of time in responding to the Patent Office communication mailed November 25,1997. Enclosed herewith is a check in the amount of $475.dursuant to 37 C.F.R. §l.l7(c). Please charge our Deposit Account No. 06-0600 for additional fees that may be incurred. A duplicate copy of this letter is enclosed for this purpose. Respectfully submitted, Date:

36. /

9w

Charles B. Katz, R e m o . 36,564 CARR & FERRELL~LP 2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303 TEL [phone] FAX: [phone]

APBU-00000636

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 6 of 25

APPLICANT: SERIAL NO.:

Richard Lang 08/896,727 July 18,1997 Burst Transmission Apparatus and Method Audio/Video Information
'a ;

FILING DATE:
TITLE: EXAMINER

co .OD kc

Huy Nguyen
.

. Ln cI
T
'4

Q

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ZG

GROUP ART UNIT
ATTY.DKT.NO.:

2712 816US

ASSISTANT COMMISSIONER FOR PATENTS WASHINGTON, DC 20231
REOUEST FOR A THREE MONTH EXTENSION OF TIME

SIR:
Applicant hereby requests a three-month extension of time in responding to the Patent Office communication mailed November 25,1997. Enclosed herewith is a check
in the amount of $475.00 pursuant to 37 C.F.R. §1,17(c).

Please charge our Deposit Account No. 06-0600 for additional fees that may be incurred. A duplicate copy of this letter is enclosed for this purpose. Respectfully submitted, Date:

!q9$
CARR & FERRELL LLP 2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303 TEL: [phone] FAX [phone]
i

1
I
8

I

1
I

APBU-00000637

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 7 of 25

UNITED STATES NT AND TRADEMARK OFFICE

APPLICANT SERIAL NO.: FILING'DATE: TITLE: EXAMINER ART UNJT
ATTY. DKT. NO:

Richard Lang
08/896,727

July 18,1997
Burst Transmission Apparatus and Method for Audio/Video Information Huy Nguyen
2712 816TJS
. . ...

h'

rn
'Iy
-1

2
4

E

4 V-l

-

I hereby certify that this paper is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Assistant Commissioner for Patents, Washington, D.C. 20231, on the date printed below:

CERTIFICATEOF MAILING

\

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w

.

Date:

M$ a!, f?%?

Charles B. M z

Assistant Commissioner for Patents Washington, DC 20231
AMENDMENT AND RESPONSE
It

In response to the Office Action mailed November 25,1997, please amend the above-identified application as follows:

APBU-00000638

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 8 of 25

In the Claims:
Please cancel claims &-4:, prejudice.

4i-66, 76-113,115-129 and 131-194 without

/

J'*

/

i!

Please add the following new claims 195-218:
___,_L

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.----

----

1$ . An audio/video transceiver apparatus comprising: # 2
input means for receiving audio/video source information, said audio/video source information comprising a multiplicity of video frames collectively representing at least one full motion video program; compression means, coupled to said input means, for compressing said audio/video source information into a digital time compressed representation thereof, wherein said digital time compressed representation of said audio/video source information is capable of being transmitted in a burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audio/video source information; storage means, coupled to said compression means, for storing said digital
tjme compressed representation of said audio/video source information; and

3
4 5
6

7
8

9 10

11
12
13

14
15

transmission means, coupled to said storage means, for transmitting said digital time compressed representation of said audio/video source information away from said audio/video transceiver apparatus in said burst transmission

16 17

time period.

-2-

APBU-00000639

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 9 of 25

1
2

&

The audio/video transceiver apparatus of claim N f u r t h e r comprising

3.

editing means, coupled to said storage means, for editing the digital time compressed representation of said audio/video source information stored in said storage means and for storing the edited digital time compressed representation of said audio/video source information in said storage means.

3
4
5

1
2

3".The audio/video transceiver apparatus of claimX6, wherein said P 3
transmission means is configured to receive the edited digital time compressed representation of said audio/video source information and to transmit the edited digital time compressed representation of said audio/video source information away from said audio/video transceiver apparatus in said burst transmission timeperiod.

3

4
5

6

The 1 J%f audio/video transceiver apparatus of claim H f u r t h e r comprising:
2

4

LL

decompression means, coupled to said storage means, for selectively decompressing the digital time compressed representation of said audio /video source information stored in said storage means; and editing means, coupled to said decompressionmeans and said storage means, for editing the decompressed digital time compressed representation of said audio/video source information, and for then storing the edited decompressed digital time compressed representation of said audio/video source information in said storage means.

3

4
5
6

7
8
,

9

APBU-00000640

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 10 of 25

L3

The audio/video transceiver apparatus of claim&

3

wherein said input

means comprise analog to digital converter means for converting analog audio/video source information received at said input means to corresponding digital audio/video source information.

zsa/

(f7
An audio/video information transfer network comprising a plurality of
'

audio/video transceivers coupled via at least one communication link, each of the audio/video transceivers comprising:

4.

input means for receiving audio/video source information, said audio/video source information comprising a multiplicity of video frames collectively representing at least one full motion video program; compression means, coupled to said input means, for compressing said audio/video source information into a digital time compressed representation thereof, wherein said digital time compressed representation of said audio/video source information is capable of being transmitted in a burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audiohide0 source information; storage means, coupled to said compression means, for storing said digital time compressed representation of said audio/video source information; and transmission means, coupled to said storage means, for transmitting said digital time compressed representation of said audio/video source information

5
6
7
8

9
10

11
12

13
14

15

16
17

-4-

APBU-00000641

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 11 of 25

18

away from said audio/video transceiver apparatus in said burst transmission time period.

19

1
2

4

The audio/video transfer network of claim said input means of at least one of said plurality of audio/video

3

transceivers includes a fiber optic input port; said transmission means of at least one other of said plurality of audio/video transceivers includes a fiber optic output port; and said at least one communication link includes a fiber optic transmission line coupling in communication said fiber optic input port with said fiber'optic outputport.

4
5

6
7

8

1 J ? The audio/video transfer network of claim p g w h e r e i n saidtransmission E'

8

(P

2
3

means of at least one of said plurality of audio/video transceivers includes a modem, and said at least on? communication link includes a telephone transmission 1i.ne.

4

1 S The audio/video transfer network of c l a i m m , wherein at least one of
I

4

lp

2
3
4 5

said audio/video transceivers further comprises editing means, coupled to said storage means, for editing the digital time compressed representation of said audio/video source information stored in said storage means and for storing the edited digital time compressed representation of said audio/video source

-5-

APBU-00000642

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 12 of 25

6

information in said storage means.

1
2

bo

The audio/video transfer network of c l a i m X , wherein at least one of

6

said audio /video transceivers further comprises: decompression means, coupled to said storage means, for selectively decompressing the digital time compressed representation of said audio /video source information stored in said storage means; and editing means, coupled to said decompression means and said storage means, for editing the decompressed digital time compressed representation of said audio/video source information, and for then storing the edited
'

3
4

.5
6
7 8 9 10

decompressed digital time compressed representation of said audio/video source information in said storage means.

1 J0?Z The audio/video transceiver network of claima88;ivherein at least one of
2

@

lo.

said plurality of audio/video transceivers further comprises analog to digital converter means for converting analog audio/video source information received at said input means to corresponding digital audio/video source information.

3
4

I

1 2W A method for handling audio/video source information, the method

J2

2
3

comprising the steps of: receiving audio/video source information,said audiohide0 source information comprising a multiplicity of video frames collectively constituting at

4

APBU-00000643

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 13 of 25

5
6
7
8

least one full motion video program; compressing the received audio/video source information into a digital time compressed representation thereof, the digital time compressed representation of said audio/video source information having an associated burst transmission time period thatis substantially shorter than a time period associated with real time viewing by a receiver of said audio/video source information; storing the digital time compressed representation of said audio/video source information; and
,

9

10
1 1

12 13
14

transmitting, in said burst transmission time period, the stored digital time

15 ' compressed representation of said audio/video source information to a selected

16

destination.

1
2 3

2.es: The method of claimmfurther comprising the steps of:
editing the stored time compressed representation of said audiohide0 source information; and
'

$ 3

55

4
5

storing the edited time compressed representation of said audiohide0
1

source information.

1 -2d
2

fi

The method of claimrn, further comprising the step of converting the

52

received audio/video information from an analog format to a digital format.

-7-

APBU-00000644

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 14 of 25

1 &Ef
2

as

The method of c l a i m w h e r e i n the step of transmitting the stored

P

digital time compressed video information further comprises sending said time compressed data to one of a plurality of audio/video transceivers connected over at least one communications link.

3
4

1

9. method of clai The
~

said at least one communications link

2

comprises an optical channel.

1
2

p.The method of claimHwherein said at least one communications link
comprises a telephone transmission channel.

4q

as

,

1
2

@

The method of claimwfurther comprising the step of providing a

3.p

network that includes a plurality of audio/video transceivers, coupled via at least one communications link, said selected destination comprising at least one of said plurality of audio/video transceivers.

3

4

1 23%
2

i. 2h

The method of claim

said at least one communications link

comprises an optical channel.

1

P.

The method of c l a i m w h e r e i n said at least one communicationslink

G

2

comprises a telephone transmission channel.

-8-

APBU-00000645

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 15 of 25

1

A method for handling audio/video source information, the method $&=6
comprising the steps of: receiving audio/video source information as a digital time compressed representation thereof, said audio/video source information comprising a multiplicity of video frames collectively constituting at least one full motion video program selected from a video library storing a plurality of video programs in a digital time compressed representation thereof for selective retrieval; said at least one video program being received by a receiver in a burst transmission time period that is substantially shorter than a time period ` associated with real-time viewing by a receiver of said at least one video program; storing the digital time compressed representation of said audio/video source information; and transmitting, in said burst transmission time period, the stored digital time compressed representation of said audio/video source information to a selected destination.

9b

2
3
4

5
6
7
8

9
10 1 1
12

13 14

15

16
17

I

1
2 3

9 %

The method of claim=,

%further comprising the step of providing a

network that includes a plurality of audio/video transceivers, coupled via at least one communications link, said selected destination comprising at least one of said plurality of audio/video transceivers.

4

-9-

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 16 of 25

1 2

The method of c l a i m , wherein said at least one communications link comprises an optical channel.

9 %

1
2

9J* The method of c h i Pp wherein said at least one communications link m 2d
comprises a telephone transmission channel.

APBU-00000647

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 17 of 25

REMARKS Reconsideration of the' Application, as amended by the present communication, is hereby respectfully requested. Claims 27-41/43-68! 70-113,115-129 and 131-194 were originally presented for examination in the Application.In the Office Action dated 11/25/97, the .foregoing claims were rejected under 35 U.S.C. §103(a). Responsive to the Office Action, all of the original claims have been cancelled, and new claims 195-218 have been added. It is submitted that the new claims more clearly describe the invention and distinguish the same over the prior art of record. Before turning to the specific rejections, a discussion of the general nature
of the invention may be helpful to provide a context for analysis of the claims.

The present invention teaches a system and method for transmitting audio/video source information, namely full motion video programs, between devices. The audio/video information is time compressed to thereby allow transmission in a burst transmission time period which is substantially shorter
.

than the time associated with real-time viewing of the video program by a receiver of the program. For example, a video program having an associated viewing time (i.e., running length) of one hour could be time compressed and transmitted to a receiver in a burst transmission time period which is substantially less than one hour. The burst transmission technique employed by the invention offers significant advantages over prior art audio/video information delivery systems

-11-

APBU-00000648

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 18 of 25

and methods. One illustrative example involves video library systems (also known as video-on-demand systems), wherein a video program selected from a collection of multiple programs is delivered to a client in response to a request therefrom. In a conventional video library system, each (uncompressed)video program is delivered to the requesting client on a substantially real time basis, i.e., the transmission period is equal to the time associated with viewing of the program by the receiver. By using the burst transmission system and method of the present invention, the transmission throughput (ie., the rate at which audio/video information can be delivered to the system clients given a certain amount of bandwidth) is increased, enabling servicing of a larger number,of clients. Furthermore, the system's clients can be serviced faster and more efficiently than by a conventional system. Utilization of the technique embodied by the invention also lends enhanced functionality to.the video library system,

such as the ability to selectively "pause"or "rewind"the video program.

Rejections Under 35 U.S.C. 6103(a) Claims 27-41,43-68,70-113,115-129, and 131-194 stand rejected under 35 U.S.C. §103(a) as being unpatentable over Izeki et al. (U.S. Pat. No. 4,974,178) in view of Hamilton et al. (U.S. Pat. No. 4,897,717). The Applicant respectfully traverses the Examiner's rejection as applied to new claims 195-218. Izeki et al. teaches a system for editing information including pictures, sounds, and characters. The information is received through input units (43,45)

-12-

APBU-00000649

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 19 of 25

I

,

and is preferably converted into a prescribed format by converting unit (46). The converted information, held in first storage means 53, is then edited by editing unit 47, and the edited information is stored in second storage means. The edited information can then be conveyed via an interface to a storage device such as magnetic tape. It is to be appreciated that the Izeki et al. device does not provide for burst transmission of video programs over a communications channel; rather, it is intended to facilitate production of a master tape comprising picture and sound information. Hamilton et al. teaches a digital compression technique utilizing a discrete sine transform, segmentation and predictive analysis to avoid compression losses and thereby improve the quality of reconstructed images. Hamilton et al. does
not teach or suggest any specific implementation of the compression technique

described therein. All of the claims in the present Application recite structures or steps wherein audio/video information representative of a video program is stored in digital time-compressed form, and the digital timecompressed audio/video information is then transmitted in a burst transmission time period substantially shorter than the time associated with real-time viewing of the audio/video information by a viewer. For example, independent claim 195 recites an audio/video transceiver comprising, inter alia: compression means, coupled to said input means, for compressing said audio/video source information into a digital time compressed representation thereof, wherein said digital time compressed representation of said audio/video source information

- 13 -

APBU-00000650

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 20 of 25

is capable of being transmitted in a burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audio/video source information; [andl transmission means, coupled to said storage means, for. transmitting said digital time compressed representation of said audio/video source information away from said audio/video transceiver apparatus in said burst transmission time period. Similarly, claim 206 recites a method for handling audio/video information, the method including the steps of, inter alia: compressing the received audio/video source information into a digital time cdmpressed representation thereof, the digital time compressed representation of said audio/video source information having an associated burst transmission time period that is substantially shorter than a time period associated with real' time viewing by a receiver of said audio/video source information; [andl transmitting, in said burst transmission time period, the stored digital time compressed representation of said audio/video source information to a selected destination. The time-compression/burst transmission feature recited in the claims of the present Application is neither disclosed nor suggested by Izeki et al., Hamilton et al., or any of the other references of record, either taken individually or in combination. In rejecting the originally presented claims under $103, the Examiner states "it would be obvious to one of ordinary skill in the art to employ means for time-compressing audio/video information as an alternative compressing device for the compressing means of Izeki et al. in order to increase the transmission speed of the audio/video information as well as to increase the capacity of storing the audio/video information of the storage means." Applicant traverses the Examiner's assertion. It is an axiom of patent law that obviousness

- 14 -

APBU-00000651

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 21 of 25

cannot be established by combining the teaching of the prior art to produce the claimed invention, absent some teaching or suggestion supporting the combination. ACS HosDital Svstems, Inc. v. Montefiore Hospital, 221 U.S.P.Q. 929,932,933 (Fed. Cir. 1984). As discussed hereinabove, Izeki et al. is directed to a very different problem than is the claimed invention. Namely, the Izeki et al. device is intended to be used for editing picture, sound and character information to produce a recording medium, whereas the system and method of the present invention enables burst transmission of full motion video programs. The "output means" (80) of Izeki et al. simply comprises an interface for transferring edited files to a master tape (see column 6, lines 61-65); it is not analogous to the transmission means or transmission step of the claimed invention. Furthermore, although Izeki et al. makes reference to processing "video information",it is apparent, based on a fair reading of thk specification, that this "video information"represents still-picture information in video form (see column 2, lines 37-42). This is in sharp contrast to the claimed invention, wherein full motion video programs, having an inherent temporal element, are time compressed and transmitted. Applicant respectfulIy submits that there is no motivation to combine the editing apparatus of Izeki et al. with the compression technique disclosed in Hamilton et al. Izeki et al. is simply not concerned with transmitting audio/video information away from the apparatus to one or more receivers. Furthermore, since Izeki deals with still picture information, compression of the

- 15 -

APBU-00000652

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 22 of 25

,I ,

,, ,,i I

1.

information would still not represent time compression thereof (as defined in the specification of the Application),since time compression necessarily requires that the information to be compressed have a temporal dimension. Because all of the claims now pending in the application recite features neither taught nor suggested by the prior art references, Applicant submits that these claims are allowable, and such action is earnestly solicited.

If the Examiner has questions regarding this case, he is invited to
telephone the Applicant's undersigned representative at the number given below.

Respectfully submitted, Richard Lang Date:

/hy

ab, 19%

By:

c

Charles B. Katz, R@ No. 36,564 Carr & Ferrell LLP . 2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303 (650) 812,3446

- 16-

APBU-00000653

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 23 of 25

In re application

..,

, 3 b , R i c h a r d Lang Atty. Docket No.: 816US

Title:

k@j~_@%Method for Audio/Video Information vBurst Transmission Apparatus and

ASSISTANT COMMISSIONER FOR PATENTS Washington, D.C. 20231 Sir: Transmitted herewith is an amendment in the above-identified application.
[]
: .-

[XI

A verified statement to establish small entity status under 37 CPR 55 1.9 and 1.27 is e No additional fee is required.

If the "HighestNumber Previously Paid For" IN TI%!3 SPACE is less than 20, write '20hi this space. Ifthr?HighestNumberPreviouslyPaidPor"INTHISSPACEisless write'J"in thisspace. The"High~stNumberPrevious1yPaidPaf than% (Totalor Independent)is the highest number found from the equivalentbox i Col. 1 of a prior amendment or the number af cldm originallyfiled. n

...

, Please charge my Deposit Account No. 06-0600 in the amount of $ [] attached.

A duplicate copy of this sheet is

[

3

A check in the amount of 5 -

is attached

[XI The Commissioner is hereby authorized to charge payment of the following fees associated with t i hs communication or credit any overpayment to Deposit Account No. 06-0600. A duplicate copy of this sheet is attached. [XI [XI

3 Any filing fees under 37 CFR I 1.16 for the presentation of extra claims. Any patent application processing fees under 37 CFR 5 1.17.

Respectfully submitted,

Charles 8. Katz, R@No. 36,564 Carr & Ferrell LLP 2225 East BayshoreRoad, Suite 200 Palo Alto, California 94303 TEL [phone] FAX [phone]

APBU-00000654

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 24 of 25

In re application of

Richard Lang Atty. Docket No.: 816US

Filing Date: Title:

uly 18,1997
Burst Transmission Apparatus and Method for Audio/Video Information

ASSISTANT COMMISSIONER FOR PATENTS Washington, D.C. 20231

(Col. 1)

(Col. 2)
'

(Col. 3)

Small Entity Rate Additional Fee

or
or

Claims Highest . Number of Extra Remaining Number ' Claims Present After Previously Amendment Paid For minus , 164 0 Total 24 Indep. 4 ininus I 11 0 [ ] First Presentation of Multiple Dependent Claims

Other Than a Small Entity 'he Additional Fee
$ $ $ $

x $11 = x $41 = i $135

$0 $0
$0

-

X$Z=

or

x$82=

-

+ $270

-

'

If the entry in Col. 1 b le45 than the entry In Col. 2, wrile "Vin Col. 3.

Total Fee

$0

Total Fee

APBU-00000655

Case 3:06-cv-00019-MHP

Document 79-8

Filed 12/09/2006

Page 25 of 25

UNITED STATES DEPARTMENT OF COMMERCE Patent and Trademark Offlce
Address: COMMISSIONER OF PATENTS AND TRADEMARKS Wsshinoton. DC 20231

1:l@/Ei836,727

I

APPLICATION NO.

07/18/37

I

FILINQ DATE

LAN[:$

I

FIRST NAME0 INVENTOR

I-:

,J.

1

ATTORNEY DOCKET NO.
I

I
1

1

NdUYtl\i,i-i

EXAMINER

CI

L/lL

I

ARTUNIT

I

PAPERNUMBEJ

36 5

I

Please find below andlor attached an Office communication concerning this application or proceeding. , Commissioner of Patents and Trademarks

PTO.9M: (REV. 2/95]

1.610 copy

`ZrU.S.CK)VERNhlENTPRINTlNO O F I C @ 1995-319-826

APBU-00000656