Goodard v. Google, Inc.

Filing 178

Goodard v. Google, Inc.

Doc. 178 Att. 1

Exhibit 2

Exhibit to the Supplemental Declaration of Aaron R. Fahrenkrog in Support of Plaintiffs' Reply Claim Construction Brief
Dockets.Justia.com

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PARTMENT OF COMMERCE UNITED STATES Patent and Trademark Office
Address: COMMISSIONER OF PATENTS AND TRADlEMAZ>

Washington, D.C. 20231

n6!
ATTORNEY DOCKE TNO
H 7I~

APPLICATION NO.
17)

IFILING DATE 21

FIRST NAMED INVENMOR

/7

i/ 07Y 14/97

OIRR

I.-M0J2 /12 2 4 POTENINGI I: SERV If.i3ES I NNI.JVATI VE~ P.0, BOX 28 Mf.-A,'.'RNNEY TX 7507-/ 23F0

EXAMINER

ART UNIT

PAPER NUMBER

DATE MAILED:

12.

4/9151

Plese find below and/or attached an Office communication concerning this application or proceeding.
Commissioner of Patents and Trademarkcs

PTO-90C (ROV.2/95)
flU8 GPO: 1998-437-638180022

1. File Copy

Application No. 013/892,472

Applicant(s) Jonathan Stephen Orr. 274U

Office Action Summary
N Responsive to communication(s) filed on Jul 14, 1997 0l This action is FINAL.

Examiner VanepFron

1111iil

I

El 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 Ex parte QuayvIe, 1935 C.D. 11; 453 O.G. 213. A shortened statutory period for response to this action is set to expire 3 month(s), or thirty days, whichever is longer, from the mailing date of this communication. Failure to respond within the period for response will cause the application to become abandoned. (35 U.S.C. § 133). Extensions of time may be obtained under the provisions of 37 CFR 1.136(a). Disposition of Claims CK Claim(s) 1-28 Of the above, claim(s) __________________________ is/are pending in the application. is/are withdrawn from consideration. is/are allowed. is/are rejected. _ _ _ _ _ _ __ _ _ _ _ _ _ _ is/are objected to.
are subject to restriction or election requirement.

EL claim(s) EL Claim(s)
l Claims

_______________________________ __

X Claim(s) 1-28
_______________________

Application Papers EJ See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948.

El The drawing(s) filed on

___________is/are

objected to by the Examiner.
___________is

l The proposed drawing correction, filed on LI The specification is,objected to by the Examiner.

03lpproved

Diisapproved.

l The oath or declaration is objected to by the Examiner,
Priority under 85 U.S.t., § 119 El Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 1191a)-(d). E] All [:]Som* ,LI None of the CERTIFIED copies of the priority documents have been [I received.
El received in Application No. (Series Code/Serial Number)
_________

E.lI received in this national stage application from the International Bureau (PCT Rule 17.2(a)). *Certified copies not received:;______________________________________
[L1 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. §119(e).

Attachment(s)' Nl Notice of References Cited, PTO-892 EL Information Disclosure Sw-tement(s), PTO-1449, Paper No(s). 17l interview Summary, PTO-413 El Notice of Draftsperson's Patent Drawing Review, PTO-948 El Notice of informal Patent Application, PT0-1 52

____

U. S. Patent and Trademrark Office

SEE OFFICE A CTION ON THE FOLLOWING PAGES

-

PTO-326 (Rev. 9-95)

Office Action Summary

Part of Paper No.

2

Application/Control Number: 08/892,472 Art Unit: 2774

Page 2

DETAILED ACTION

Drawings
1. This application has been filed with informal drawings which are acceptable for

examination purposes only. Formal drawings will be required when the application is allowed.

Claim Rejections - 35 USC §f103
2. 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 the 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 A, iaving ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the maimer in which the invention was made.

3.

4 6. Claims 1 MMF are rejected under 35 U.S.C. 103(a) as being unpatentable over Pai et at

(US Patent No.5,668,571) in view of Henley et al (US Patent No.5,761,417) In regard to claims 1 and 7, Pai et al disclose a method and apparatus for generating
hardware icons to graphically represent a computer command and control. In particular, a method

and apparatus for using a hardware cursor to select and manipulate hardware icons, which graphically represent computer commands and controls, so as to provide a flexible and independent way to communicate with the computer; but he fails to specifically disclose that the method having one video presentation; and a plurality of communication nodes each having one input port that is coupled to an output of the at least one storage node for receiving a digital

Application/Control Number: 08/892,472 Art Unit: 2774

Page 3

representation of a video presentation therefrom. However, Henley et at disclose the method having one video presentation; and a plurality of communication nodes each having one input port that is coupled to an output of the at least one storage node for receiving a digital representation of a video presentation therefrom (see col.3; lines 6-9). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the teaching of Henley et al et al with the teaching of Pai et al, because such modification would eliminate the disadvantages of video tape while providing a VTR (video tape recorder) metaphor for system control (see col.2; lines 61-62). In regard to claims 2-3, 8, 9, 15 and 23, Henley et a] discloseas media streamer 10 provides a set of VCR-like play controls. The media streamer graphical user interface in Fig.8 shows that the following functions are available: Load, Eject, Play, Slow, Pause, Stop, Rewind, Fast Foward and Mute. These functions are activated by clicking on the corresponding soft
X,

r

buttons on the graphical user interface (see col. 19; lines 5 1-56). In regard to claims 4, 10, 16, 20, 24, and 28 Henley et a] disclose the interface resembles the control panel of a video cassette recorder, which has control buttons such as Play, Pause, Rewind, and Stop . In addition, it also provides selection panels when an operation involves a selection by the user (for example, load requires the user to select a video presentation to be loaded. The graphical user interface is especially useful for direct user interactions (see col. 19; lines 12-19).

Application/Control Number: 08/892,472 Art Unit: 2774

Page 4

In regard to claims 5-6, and 11-12, Hpiley et at disclose broadcast methods ( including motion picture, cable, television network and record industries ) generally provide storage in the form of analog or digitally recorded tape. The playing of tapes causes isochronous data streams to be generated which are then moved through broadcast industry equipment to the end user (see col. 1; lines 60-66) In regard to claims 13, 17, 21 and 25, Hdnley et al disclose the processing of API functions is performed in the order that requests are received . This ensures that user operations are processed in the correct order. For example, a video must be connected (set up) before it can be played (see col.21; lines 1-4 and Fig. 7). In regard to claims 14, 18-19, 22, 26, and 27, H&nley et al disclose a media streamer 10 provides a set gof VCR-like play controls. The media streamer graphical user interface in Fig. 8 showz5 that Pe following functions are available: Load, Eject, Play, Slow, Pause, Stop, Rewind, Fast Foward and Mute. These functions are activated by clicking on the corresponding soft buttons on the graphical user interface (see col. 19; lines 51-56). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vanel Frenel whose telephone number is (703 )-305 4952 The examiner can be reached on Monday through Thursday from 6:30 to 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner 's supervisor, Richard Hjerpe, can be reached on (703)3054709.

Application/Control Number: 08/892,472 Art Unit: 2774

Page 5

Any inquiry of general nature or relating to the status of this application or proceeding should be directed to Group receptionist whose telephone number [phone]. Any response to this action should be mailed to: Commissioner of Patents and Trademarks Washington, D.C. 20231 or faxed to: (703) 3 08-905 1, (for formal communications intended for entry) Or: [phone] (for informal or draft communications, please label "PROPOSED" or "DRAFT") Hand-delivered responses should be brought to Crystal Park H1, 2121 Crystal Drive, Arlington. VA., Sixth Floor (Receptionist).

Vanel Frenel Deceber'9,
.RICHARD

198

A.HJERPE
SUPERVISORY PATENT EXAMINER GROUP 2700