Google Inc. et al v. Egger et al

Filing 126

Declaration of Thomas B. Walsh, IV in Support of 124 Memorandum in Opposition to Motion to Dismiss filed byGoogle Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B - FILED UNDER SEAL, # 3 Exhibit C, # 4 Exhibit D - FILED UNDER SEAL, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K - FILED UNDER SEAL, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O - FILED UNDER SEAL, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R - FILED UNDER SEAL, # 19 Exhibit S - FILED UNDER SEAL, # 20 Exhibit T- FILED UNDER SEAL, # 21 Exhibit U - FILED UNDER SEAL, # 22 Exhibit V - FILED UNDER SEAL, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB - FILED UNDER SEAL, # 29 Exhibit CC - FILED UNDER SEAL, # 30 Exhibit DD - FILED UNDER SEAL, # 31 Exhibit EE - FILED UNDER SEAL, # 32 Exhibit FF - FILED UNDER SEAL, # 33 Exhibit GG, # 34 Exhibit HH - FILED UNDER SEAL, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK - FILED UNDER SEAL, # 38 Exhibit LL - FILED UNDER SEAL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP - FILED UNDER SEAL)(Related document(s) 124 ) (Walsh, Thomas) (Filed on 7/24/2009)

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Google Inc. et al v. Egger et al Doc. 126 Att. 23 Case5:08-cv-03172-RMW Document126-24 Filed07/24/09 Page1 of 5 EXHIBIT X Case5:08-cv-03172-RMW Document126-24 Filed07/24/09 Page2 of 5 Application No. 081649,304 IApplicant(s) -4 qk Egger et al Group Art Unit 2771 Notice of Allowability Examiner Wayne Amsbury All claims being allowable, PROSECUTION9 ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included herewith (or previously mailed), a Notice of Allowance and Issue Fee Due or other appropriate communication will be mailed in due course. SThis communication is responsive to communication of 1/27/98 ~jThe allowed claim(s) is/are 1-21 and 27-38, renumbered 1-33 The drawings filed on are acceptable. ____ BAcknowledgement is made of a claim for foreign priority under 35 U.S.C. 11 9(a)-(d). ElI All 0 Some* E- None of the CERTIFIED copies of the priority documents have been El received. EB received in Application No. (Series Code/Serial Number) _________ received in this national stage application from the International Bureau (PCT Rule 17.2(a)). *Certified copies not received: ______________________________________ 7I Acknowledgement is made of a claim for domestic priority under 35 U.S.C. 119(e). A SHORTENED STATUTORY PERIOD FOR RESPONSE to comply with the requirements noted below is set to EXPIRE THREE MONTHS FROM THE "DATE MAILED" of this Office action. Failure to timely comply will result in ABANDONMENT of this application. Extensions of time may be obtained under the provisions of 37 CFR 1.136(a). El BNote the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPLICATION, PTO-1 52, which discloses that the oath or declaration is deficient. A SUBSTITUTE OATH OR DECLARATION IS REQUIRED. SApplicant MUST submit NEW FORMAL DRAWINGS I]because the originally filed drawings were declared by applicant to be informal. 19I including changes required by the Notice of Draftsperson's Patent Drawing Review, PTO-948, attached hereto or to Paper No. 4 1- including changes required by the proposed drawing correction filed on has been approved by the examiner. 17 including changes required by the attached Examiner's Amendment/Comment. _________ ,which Identifying indicia such as the application number (see 37 CIFIR 1.84(c)) should be written on the reverse side of the drawings. The drawings should be filed as a separate paper with a transmittal lettter addressed to the Official Draftsperson. BNote the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGI1CAL MATERIAL. Any response to this letter should include, in the upper right hand corner, the APPLICATION NUMBER (SERIES CODE/SERIAL NUMBER). If applicant has received a Notice of Allowance and Issue Fee Due, the ISSUE BATCH NUMBER and DATE of the NOTICE OF ALLOWANCE should also be included. Attachment(s) KI Notice of References Cited, PTO-892 IN Information Disclosure Statement(s), PTO-1 449, Paper No(s). ij] 8 Notice of Draftsperson's Patent Drawing Review, PTO-948 IINotice of Informal Patent Application, PTO-1 52 SInterview Summary, PTO-413 XiExaminer's Amendment/Comment -1 Examiner's Comment Regarding Requirement for Deposit of Biological Material SExaminer's Statement of Reasons for Allowance f U. S. Paten and frad.mnwk Off,.. WAYNE AMSBURY PRIMARY EXAMINER ART UNIT 2771 PTO-37 (Rev. 9-95) Notice' ofAllowability I' i Part of Paper No._Agog Case5:08-cv-03172-RMW Document126-24 Filed07/24/09 Page3 of 5 Serial Number: 08/649,304 Art Unit: 2771 Page 3 As to the first B, the apparent assertion that because claims contain a common step they can be searched simultaneously is not reasonable. In particular, perhaps hundreds of thousands of claims in issued patents contain the step of displa-y, and the claims are not always closely related. As to the second B, Misclassification is addressed in I above, where they are noted as typographical errors. As to C, the neighboring property of subclass codes has nothing to do with restriction; distinct subclasses are deemed to be distinct and are chosen so that they can be searched separately. The requirement is,still deemed proper and is therefore made FINAL. Claims 1-21,27-38 are therefor examined. 3. A word search of the parent, USP 5,544,352, reveals that the words link(s) and node(s) do not appear, and the term cluster appears once in passing. Therefore this group of claims is considered to have 5/17/96 as their priority date for purposes of examination in terms of prior art. 4. An examiner's amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee. Case5:08-cv-03172-RMW Document126-24 Filed07/24/09 Page4 of 5 it I ,/ / {1 K UNITED STATES DEPARTMENT OF COMMER CE Patent and Trademark Office Address: COMMISSIONER OF PATENTS AND TRADEMARKS V V V C Washington, D.C. 202316 APPLICATION NO. FILING DATE (: FIRST NAMED INVENTOR ATTORNEY DOCKETNO D) 42G6Ar EXAMINER 09 / 071 ,120 / 0214 / 9 8 LM0Ij2 / 071.9 F (A[--DO NOTTO 2 ART UNIT 77 DORSEY & wiTirNEY, LLFP N. W.. 1001 PL-:I\NSYL.VAI\I1 ()VIrENUIE, surTE 300 SOUTH WAS3HIN\GTON DC 20004 I PAPER NUMBER If 07-/19 /r0 DATE MAILED: -Please fInd belowiandfor attached an Office communication concerning this application or proceeding. Commissioner of Patents and Trademarks PTO-900 (Rev. 2/95) U.S. G.PO. 2000: 465-188125288 I- File Copy 7 Case5:08-cv-03172-RMW Document126-24 Filed07/24/09 Page5 of 5 Application/Control Number: 09/071,120 Art Unit: 2771 Page 3 A quick check of the patent literature turns up 66 references for the search: "(hyperjump and web) or (hyperlink and web)," with application dates prior to 7 July 1996. Three of them are included on an accompanyinig USPTO 892, for the sake of completeness. It is also noted that the application of which the parent of this case is a CIP, has no apparent support for hyperjumps to a Web page, and so its priority date is moot. 4. Claims 115-119 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vertelney, USP 5,341,293. The change in rejection for these claims is in response to the amendment which includes "links ... to positions outside of the computer." Clearly this is a broad form of link to other nodes of a network, such as the Internet, and as such the elements of these claims is addressed in the rejections above, and they are rejected on that basis. A fuirther argument is presented for claim 116 on the basis that it references a menu. The wells of Vertelney, and the lists of notations, both visible in FIG 8b and elsewhere, correspond to menus. 5. Claims 115-119 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vertelney, USP 5,341,293. The elements of these claims is addressed in the rejections above, and they are rejected on that basis.

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