Motorola Mobility, Inc. v. Apple, Inc.

Filing 93

Defendant's MOTION Defendant and Counterclaim-Plaintiff Apple Inc.'s Claim Construction Brief by Apple, Inc.. (Attachments: # 1 Declaration of Christine Saunders Haskett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20)(Pace, Christopher)

EXHIBIT 2

Application No.

08/622,026

Notice of Allowability

Examiner
William H. Wilson, Jr,

Group Art Unit

2211

All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance and Issue Faa Due or other appropriate communication will be
mailad in due course.

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This communication is responsive to

..:6.""'I2=-4""'1..:::9.:.7..;.A""m:..:.e"'n-'.:di::.;m"'e::;.n:..:.t

_

The allowed claim!s) is/are ...:,4_,1:...4:...-

_

o The drawings filed on
are accaptabla.
o Acknowledgement is made of a claim for foreign priority under 35 U,S,C. § 119(a)-(d).
o All 0 Some* 0 None of the CERTIFIED copies of the priority documents have baen
o received,
o received In Application No. (Series Code/Serial Number)
_
o received In this national stage application from the International Bureau (PCT Rule 17.2(al'.
*Certified copies not received:

_

o Acknowledgemant 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).

o Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPLICATION, PTO-152, which discloses
that the oath or declaration is daficient. A SUBSTITUTE OATH OR DECLARATION IS REOUIRED,

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Applicant MUST submit NEW FORMAL DRAWINGS

o because the originally filed drawings were declared by applicant to be informal.
IX! including changes required by the Notice of Draftsperson's Patent Drawing Review, PTO·948, attached hereto or
to Paper No. _4_ .

o including Changes required by the proposed drawing correction filed on
approved by the examiner.
o inclUding changes raquired by the attached Examiner's Amendment/Comment.

, which has been

Identifying Indicia such as the appllcatlon number (see 37 CFR 1.84(cll should be written on the reverse side of the
drawings. The drawings should be flied as a separate paper with a transmittallettter addressed to the Official
Draftsperson.

o Note the attached Examiner's comment regarding REOUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
Any response to this letter should include, in the upper right hand corner, the APPLICATION NUMBER (SERIES
CODE/SERIAL NUMBER). If applicant has raceived 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)

o Notice of Raferencas Cited, PTO·892
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Information Disclosure Statement!s), PTO'1449, Paper No!s).

5

o Notice of Draftsparson's Patent Drawing Review, PTO-948
o Notice of Informal Patent Application, PTO·152
o Interview Summary, PTO·413
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Examinar's Amendment/Comment

o Examiner's Comment Regarding Requirement for Deposit of Biological Material
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Examiner's Statement of Reasons for Allowance

U. S. Patent and Tr.dllNlr'lt Offiel

PTO-37 (Rev, 9-95l

Notice of Allowabillty

Part of Paper No. _6 _
_

119FH079

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Page 2

Serial Number: 08/522,026
Art Unit: 2211

RESPONSE TO AMENDMENT

1.

This communication is in response to applicant's 6/24/97 amendment in the

application of Deluca et al. for a "Multiple Pager Status Synchronization System and
Method" filed 8/31/95. The proposed amendments to the specification and abstract
have been entered. No claims have been canceled or added. Claims 4-14 are
allowed.
Information Disclosure Statement

2.

The corrected information disclosure statement filed 6/24/97 fails to comply with

the provisions of MPEP § 609 because copies of cited references AT and AU have not
been supplied as required by 37 CFR § 1.98(a)(1); and such references are not
associated with a prior application and relied on for an earlier filing date under 35 USC
§120, as required by 37 CFR § 1.98(d). It has been placed in the application file, but
the information referred to therein regarding references AT and AU has not been
considered as to the merits. Applicant is advised that the date of any re-submission of
any item of information contained in this information disclosure statement or the
submission of any missing element(s) will be the date of submission for purposes of
determining compliance with the requirements based on the time of filing the statement,
including all certification requirements. See MPEP § 60911 C(1).

119FH080

Page 3

Serial Number: 08/522,026
Art Unit: 2211

Examiners Amendment
3.

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 7ment of the issue fee .
• In line 1 of claim 13,/rt after the phrase "plurality of': --wireless-• In line 2 of claim 13, after the phrase "communicating with" delete "an" and
insert: --a wire7 ~ing-• Delete claims 1-3

4.

rr; their entirety.

Authorization for this examiner's amendment was given in a telephone interview

with Mr. Michael Zazzara (Reg. No. 35,743) on 9/15/97 and 9/18/97.
5.

The word --of-- has been informally entered by the examiner between the words

"status" and "a" in line 1 of former claim 8 for grammatical correctness.

Reasons For Allowance
6.

The following is an examiner's Statement of Reasons for Allowance:
The prior art of record neither singularly nor in combination discloses or teaches

a system and method for synchronizing status among a plurality of wireless
communication devices (e.g. pagers) wherein status changes (e.g., changes to
received messages, alarm times, alert thresholds, and key word alerts) made on a first
pager are wirelessly communicated to an infrastructure which automatically

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119FH081

Page 4

Serial Number: 08/522,026
Art Unit: 2211

communicates such status changes to other pagers, thus causing the other pagers to
make corresponding changes in their status.

Conclusion

7.

Any comments considered necessary by applicant must be submitted no later

than the payment of the Issue Fee and, to avoid processing delays, should preferably

accompany the Issue Fee. Such submissions should be clearly labeled "Comments
on Statement of Reasons for Allowance."

8.

Any inquiry concerning this communication or earlier communications from the

examiner should be directed to William H. Wilson, Jr. whose telephone number is (703)
308-5459. The examiner can normally be reached on Monday-Friday from 8:30 AM to
5:00 PM.
9.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's

supervisor, Mike Horabik,' can be reached on [phone]. The fax phone number
for this Group is [phone].
10.

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
[phone].

wta1rJ~i1son.

MICHAEL HORABIK
Jr.

September 18, 1997

;UPERVISOR'I PATENT EXAMINER

GROU.PP~22.

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119FH082