DOW JONES REUTERS BUSINESS INTERACTIVE, LLC v. ABLAISE LTD. et al

Filing 30

DOW JONES REUTERS BUSINESS INTERACTIVE, LLC v. ABLAISE LTD. et al

Case 1:06-cv-01015-JR

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EXHIBIT I

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FxAMnrm

R O W , CHARLES
ARTUNIT

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PAPERMJHBER

Please f i i d below and/or attached an Office communication concerning this application or proceeding.

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@t7ce Action Summary

091sM.803

RITCHIE ET At..
M unn

Examlnsr

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1)m Rdsponsive10 communication(s) filed on 26 June 2003.

2a)D

d action is FINAL. s

Disposition of Claims

3 a Si ce this applicalion is in condition for allowance except for formal matters, prosecution as to the merits is ) cl sed in accordance with the praclice under Ex parte Quayle, 1935 C.D. 11.453 O.G. 213.

4

2b)m This action is non-final.

7)D Clakn(s)

8)U CI m(s) Applicai.ion apem

i S)uTheispecification is objected to by the Examiner. l 0 ) a The/drawing(s)filed on is/are: a a acceptedor b objected to by the Examiner. a

i

-islare objected lo -are subject to restrictionand/or election requirement -

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A/viicanl may no1 request that any obection io the dradng(s)be held in abeyance. See 37 CFR 1,85(a). 1 ) Thejproposed drawing correction filed on 1D is: a)Dapproved b ) O disapproved by me Examher.

If bpprovcd. w n e c t e d drawings are required in reply to this Gfiice action

1 ) Acknowledgment is made of a cpim for foreign priority under 35 U.S.C. 5 119(a)-(d) or (9. 3o

a)nhI 1

.@

b)aSome

c a None of:

Certified copies of the priority documents have been received.

2 . a Certified copies of the priority documents have been received in Application No. -,
3 . b Copies of the certified copies of Ihe priority documents have been received in this Nalbnal Stage applicaUon from We International Bureau (PCT Rule 17.2(a)). Seeitha anached detailed Office aclion for a lis1 of the certified copies not received.

is made of a claim for domestic priority under 35 U.S.C. 5 11G(e) (to a provisionalapplication).
The translation of the foreign language provisional application has been received. is made of a claim for domeslic priorityunder 35 U.S.C. $5 120 andlor 121.
mchhmcmtp)l
1) ( ~ 3 o d ~ w n a tciw (prom) s Z) 0 N o : h o Drallrperson's Paten! DrsWinp Re* 3 0ln6nnaM n Disdmure S!awnenl(s) 0 . 1 6 4 9 )

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(PTC-948) P a w Ws)

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4) 5) 6)

0 NoUm d informalPalmi AppBation (pT0.19) 0 other: .

Interdm Suna~tylT.1) ('043

Peper N@.. o)-

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DETAILED ACTION

Amendment

The amendment timely filed on June 26,2003 was entered subject to rule 1.268. The flrst amendment cancelled claims 2-20 and added claims 2140. At that time, only claim!1 was present in the application, not claims 2-20. Later claim 1was cancelled. Ther4fore under Rule 1.268 claims 2140 will be treated as claims 2-21, since 1 had been'cancelled. In all future responses, please refer to pending claims as claims 2-21.

Claim Rejections 35 USC 5 f02
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The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
R ~ r m basis for the rejections under this section made in this M i c e action: khe
A person shan be enlitled to a patent unless -

(e)the invenbon was descnbed in a palent granled on an app4icabon for paten1by anolher filed in the United States before the inventton thereof by the applicant for paten1 or on an inlemabonal applicabon by another who has fulfilled the requirements of paragraphs (11(2), and (4) of secbon 371(c) of this bUe before the invenbon thereof by the applicant Iw patent

The changes made to 35 U.S.C. 102(e) by the American Inventors ProtectionAct

of lq99 (AIPA) and !he Intellectual Property and High Technology Technical
J\mehdments Act of 2002 do not apply when the reference is a US. patent resulting clire(tly or indirectly from an international application filed before November 29,2000 -rhebforet the prior art date pf the reference is determined under 35 U.S.C. 102(e) prior to thp amendment by the AIPA (pre-AlPA 35 U.S.C.102(e)).

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A3plic/ation/Control Number: 09/920,803 A t Udit: 2175

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Claims 2-21 are rejected under 35 U.S.C. 102(e) as being anticipated by Wolff

U.S. Batent No. 5,848,413 ('WOW).

Wolffidiscloses:

A S tojclaim 2,

' idenlifying means for identifying requests from browsing devices that define a
rtiquest for specified content data; data storage means storing content data; See 1:1530; ahd processing means configured to:

(a) select content data from said storage means in dependence of the content

6:30-57; data Gpecified in a request received by said identifying means; See 5:47-67;
7:6bl; (b) receive format identifiers, See 547-67; 6:30-57; 7:6-61;

(c)execute a first set of functions to generate viewable data comprising said
seledted content data and first formatting data when a first formal identier is received;

7:6-61;and !;ee b47-67;6:30-57;
(d) execute a second set of functions to generate viewable data comprising said :,eleked content data and second formatting data when a second formatidentifier is recehed, whereby viewable data is served to a browser for display with a format which tlepdnds upon the particular format identifier received by the processing means; See

!i:47&7;6:30-57; 7:6-61.

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to jciaim 3,
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wherein said format identifiers are received from browsing devices with said

nque/sts for specified cantent data, such that viewable data is served to a browsing
di, ' VIC

1for display with a first format when a firs! forma! identifier is received from said

browding device, and a second format when a second format identifier is received from said drowsing device; See 5:47-67; 6:30-57; 7:6-61;9:28-67.

As tolclaim 4,

wherein said data storage means mmprises a graphics database, whereby

v ewdble data including graphics is served to a browsing device for display with a format
H hicH depends upon the particular format identifier received by the processing means;

See $:47-67; 6:30-57; 7:6-61;9:28-67.

P.s tq claim 5,
read specified user data from said user database, such that said specified user data korresponds to a received user identifiel; See 5:47-67; 6:30-57; 7:6-61; 9:28-67;
2 nd
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select content data in dependence of said read data; See 5:47-67;6:30-57; 7%

61; 428-67.

As t(i claim 6,

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wherein said information relating to user preferences is identified by users; See

4 55-67 5:4-23.

As tolclaim 8,
a user database comprising information serving to user preferences and a text

dataqase which has an index; See 455.67 5:4-23; said identifying means is further configured to receive a user identifier with said
request for specified content data; See 547-67; 6:30-57;7:6-61; 9:28-67; and

said processing means is configured to: read data from said user database in response to a received user identifier; See 5:47-67; 6:30-57; 7:6-61; 9:28-67: and adjust the index of said text database in response to said user information, such'that said selected content data is dependent upon a received user identifier; See 1~7367; 6.30.57; 7:6-61; 9:2867.

AS

td claim 9, said serving device further comprises a user database comprising information

relating to user preferences, and a graphics database which has an index; See 4:55-67 !i:4-@; said identifying means is further configured to receive a user identifier with said ieq&t

for specified content data; See 547-67; 6:30-57; 7:6-61; 9:28-67; and

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Agpli tionlControl Number: 091920,803 Aft U it: 2175 said processing means is configured to:
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read data from said user database in response to a received user identier; See

5:47-67; 6:30-57; 7%-61;928-67; and
adjust the index of said graphics database in response to said user information, such (hat said selected content data is dependent upon a received user identifier; See

5 47-67; 6:30-57; 7:6-61; 9:28-67.

As tolclaim IO,
' wherein said serving device further comprises: a function database comprising a

pluratty of sets of functions including said first set of functions and said second set of frinctbns; See 547-67; 630-57; 7%-61;9:28-67; and a user database comprising information relating to user preferences, wherein said ibentifying means is configured to receive a user identifier with said request for sDecified content data; See 4:55-67 5:4-23: 347-67; 6:30-57; 7:6-61; 9:28-67; and said processing means is configured to: (a) read user preference information from said user database in response to a receibed user identifier; See 347-67;6:30-57; 7:6-61;9:28-67; and (b) select a set of functions from said function database in dependence upon said r2ceiped format identifier and said read user information; See 5:47-67;6:30-57; 75-61;

E':28i67.

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A 3 to claim 11,
a user database comprising infomation relating to user preferences; See 4:55-67 534-28; and a function database containing a pluralityof sets of functions and an index, said identifying means is configured to receive a user identifier with said request for specified crintept data; See 5:47-67; 6:30-57; 7:6-61; 928-67; and said processing means is configured to: read specific user preference information from said user database in response to a received user identifier; See 547-67; 6:30-57; 7:6-61; 9:28-67; adjust the relationship between said index and said sets of functions within said hinctbn database in response to said specific user preference information; See 4:55-67 5:4-23; and select a set of functions from said function storage means in dependence upon said (eceived format identifier, whereby said selected set of functions depends upon said bpecific user information; See 547-67; 6:30-57; 7:6-61; 92867.

As td claim 12,
wherein said data storage means storing content data is a content database and :aid berving device further comprises a separate function database comprising a plurdlity of sets of functions including said first set of functions and said second set of fmcdions, whereby said content database may be edited before said processing means

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combines said content data with formatting data to generate viewable data; See 5:4761; 690-57; 7:6-61; 9:28-67.

As torclaim 13,
wherein said viewable data is HTML, (hypertext markup language) data, and said fist qnd second formatting data comprise of HTML tags; See 5:47-67; 1330-57; 7:6-61;

R28-67.

A s tolclaim 14, (a) storing content in a storage means; See 5:47-67; 6:30-57; 7:6-61; 9:28-67; (b) identifying requests from browsing devices at an identifying means that define

n request for specified content data; See 5:47-67; 6:30-57; 7:6-61; 9:28-67; and
(c) selecting content data from said storage means in dependence of the content

6:30-57;. data /specified in a request received by said identifying means; See 547-67;

7:6-&; 9128-67;
(d) receiving format identifiers; See 547-67; 6:30-57; 7:6-61;9:2&67
(e) executing a first set of functions to generate viewable data comprising said seledted content data and first formatting data when a first format identier is received; See 5:47-67; 6:30-57; 7:6-61; 9:2867; and (f) executing a second set of functions to generate viewable data comprising stidsplected content data and second formatting data when a second format

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idlntifier is received, whereby viewable data is served to a browser for display with a fomai which depends upon the particular format identifier received by the processing means; See 5:47-67;6:30-57; 7:6-61; 9:28-67.

Aa to piaim 15,
identifying means for identifying requests from browsing devices that define a

6:30-57; 7:6-61; 9:28-67; requekt for specified content data; See 5:47-67;
data storage means storing content data; See 5:47-67; 6:30-57; 7:6-61; 9:28-67; function storage means storing executable functions; and processing means confi&red t : o (a) select content data from said data storage means in dependence upon the ointeht data specified in a request received by said identifying means; See 5:47-67; 6 30-b7; 7:6-61; 9:28-67;

(b) receive format identifiers; See 5:47-67; 6:30-57; 7:6-61: 9:28-67;
(c) select a set of functions from said function storage means in dependence uponla received format identifier; See 5:47.67;6:30-57; 7%-61;9:28-67; and
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(d) execute said set of functions to generate viewable data comprising said

seIe$ed content data and formatting data; See 5:47-67; 6:30-57; 7:6-61; 9:28-67.

As to: dairn 16,
wherein said format identifier is received via said identifying means with said request for specified content data, whereby viewable data is served to a browser for

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displdy with a format which depends upon the particular format identifier received frum
id drowser, See 5r47-67; 6:30-57; 7:6-61; 928-67.

As toiclaim 17,

wherein said data storage means comprises a graphics database storing grapdics data and said execution of said function results in graphics data being read from Laid graphics database, thereby generating viewable data which includes graphics; See 5:47-67; 630.57; 7:6-61; 928.67.

A s to claim 18,
further comprising a user database comprising information relating to user Frefdrences, wherein said identifying means is configured to receive a user identifier with $aid request for specified content data, and said processing means is configured to: rdad user preference information from said user database in response to a received aiserlidentifier, See 5:47-67; 630-57; 7:6-61; 9:28-67; and
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select a set of functions from said function storage means in dependence upon

r,aid keceived format identifier and said read user information; See 5:47-67; 630-57; i':6&; 9:28-67.

As t i daim 19,

wherein said viewable data is HTML (hypertext markup language) data, and said foqatting data comprise of HTML tags; See 547-67; 630-57; 73-61; 9:28-67.

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A; to iclaim 20,
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(a) identifying requests from browsing devices that define a request for specified

conteht data; See 547-67; 6:30-57; 7:6-61; 9:28-67;

' (b) storing content data within data storage means; See
61; 9@8-67;

547-67; 6:30-57; 7:6-

s'oring executable functions within function storage means; See 547-67; 6:30-57; 7:661; 9!28-67; and (c) selecting content data from said data storage means in dependence upon the csmtqnt data specified in a request from a browsing device; See 5:47-67; 6:30-57; 7:661; 9128-67; (d) receiving format identifiers; See 547-67; 6:30-57; 7:6-61; 9:28-67; (e) selecting a set of functions from said function storage means in dependence upon'a received format identifier; See 5:47-67; 6:30-57; 75-61; 9:28-67; and
(f) executing said set of functions to generate viewable data comprising said

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seleqted content data and formatting data; See 5:47-67; 6:30-57; 7:6-61; 9:28-67,

As td claim 21,
(a) select content data from said database in dependence of the content data spedfied in a request received by said identhing means; See 5:47-67; 6:30-57; 7:6-61; Sk28i6.67;
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(b) receive format identifiers; See 5:47-67: 6:30-57; 7:6-SI; 9:28-67;

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(c) execute a first set of functions to generate second HTML data comprising said sdecfed content data and first formatting data when a first format identifier is received; See

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(d) execute a second set of functions to generate second HTML data comprising

said delecled content data and second formatting data when a second format identifier
i redeived, whereby HTML data is served to a browser for display with a format which :

depehds upon the particular format identifier received by the processing means; See

5:47-/j7; 6:30-57; 7:6-61; 9128-67.
Ciaim Rejecfions 35 USC p 103

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The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obvidusness rejections set forth in this Office action:
(a)A patent may not be obtained though the invention is not identically disclosed o described as set r forlh in section 102 of this title, if the differences between the subject mailer sought lo 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 having ordinary skill in Me art to which said subjecl malter pertains. Patentability shall not be negatived by the manner in which the invention was made.

Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over WoM

U.S. iPatent No. 5,848,413 (WOW).

Wolff discloses the claimed invention except for wherein said information relating
to d e r preferences is determined from a history of usage by users. It would have been obvihus to one having ordinary skill in the art at the time the invention was made to

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piovide wherein said information relating to user preferences is determined from a histork of usage by users since it was known in the art that using cookies or user loggidg user's usage to come up with user preferences would enable target marketing of mgchandise, as well as, making quicker access to areas of interest by users.

Conclusion

Any inquiry concerning this carnmunication or earlier communications from the exanliner should be directed to Charles L. Rones whose telephone number is 703-306-

3030: The examiner can normally be reached on Monday-Thursday 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's

supelvisor, Dov Popovici can be reached on 703-3053830. The fax phone numbers fort* organization where this application or proceeding is assigned are 703-746-7239 for r4gular communications and 703-746-7238 for After Final communications. Any inquiry of a general nature or relating to the status of this applicationor Frocheding should be directed to the receptionist whose telephone number is 703-305

Charles L. Rones Primary Examiner Art Unit 2175 Sept/ember 10,2003

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