Motorola Mobility, Inc. v. Apple, Inc.

Filing 95

AFFIDAVIT signed by : Christine Saunders Haskett. Supplemental Declaration in Support of Apple Inc's Responsive Claim Construction Brief (Brief Filed Under Seal) by Apple, Inc. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23, # 4 Exhibit 24, # 5 Exhibit 25, # 6 Exhibit 26, # 7 Exhibit 29, # 8 Exhibit 30)(Pace, Christopher)

EXHIBIT 30

UNITED b-’I’ATE~OEPARTMENT OF COMMERCE
Patent; and Trademark Office
Address: C~MM~alONER GF PATI~IT~ AND "rRAJ3~MARKS
Weshingt~. D.C. 20231
FIRSTN~,IED INVENTOR

08t081,~31

06/22/~3

[ ATTORNEY DOCKET NO. I

FLORIN

"26Ml/0801
BLAK~_Y SOKOLOFF TAYLOR & ZAFMAN
SEVENTH FLOOR
12400 NILSHIR~ BOULEVARI~
LOS ANGELES CA 90025

2602
DATE MAILED:
0~I01/95

This iS a communr~ from the exam[herin charge of your ~ppfcat~on.
COMMISSIONER OF PATENTS.. AND TRAOEMARKS

A shortened ~ttUtory pedod for response to b~is a~:~on Is ~et ~o sxptn~ ~ month(s}, __ days from Iha date of ~ letter,
Failure to respond wflldn the psdod for response Will cause, the app~k~a.lJon’to ~ abandoned÷ 35 U,S,C, 133
Part I THE FoLLQWfNG ATI"ACHMENT(~ ARE PARTOFTHISACTION-"
1. "]~No’Jce of References Cited by Examiner, PTO-,B92,
3. It Notice of All O]’~d by App~tCanl. PTO,1449.
5. [] InfonnatJo~ on Hawto El’fec~.Drawfng Changes, PTO-147,L

2. ~J’ Notk:e of Draftsman’s Palant Drawing Review, PTQ-948.
4, [] Noff~ of [nform~[ Palent Ap~katlo~, PT0-152.

Pml ,rl SUMMARY OF ACTION

Of theaters, claims "
2.’~Clalms
3, [~Clalms
4.
5. [~Clalms
6. [] C!~lrns.
7. [] This ~k:~Ton has been filed wtth I~fot’m= dr’.zwtng’s under.J7 O.F.R. 1.85 which are ,=cceptable for examfna~on pUL’poseS,
8. [] Forma~ d~s are reciufre<l In response to ~s Office action.
9. [] The correcf~ or ~ubstltute draWings have been recehred on
. Ur.~r 37 C,F.R. 1~84 ~e~ drawings
are I"1 acsapt~b!s; I-1 not ao~ej~taJda (sea exp;an~tlan or Ncdsa of Draftsman’s Patent Drawing Review, PTo-g48).
10. ~l Th~ pmpnsed ed~tbn~r or eldostltute sheet(s) of d~wlngs, f led On
~xamL,~’; t"1 disapproved by the examr~er (e~e expranatlor,).

¯ has (have) I:~en Flapprewd by ~he

has bean [] approved; i’=t disapproved (sea expl’analJorl].

11. [] The proposed dr;zwlng c~nectton, f~led

12. J~JAcknowledgement ~ made of*,he c~almtotpdo~’y undeT 35 U.S.G. 119. The certified ¢opyhas r’lbean received [] not bear~ received
r=l bee~ filed in parent a~callo~, seda] no.
; IITted on
13. [] Since this appll~L[on appliers to be In condition for ~llov,~n m ex~pt fO~ formal mattem, prosecullon es to 1~ merits ~s dosed In
accordatK~ with the pradk:e under Ex p,~rle Quayle, 1935 C O. 11 ; 453 O,G. 213,
14. [] ~her

~l’s

F L-AppleO001145

Serial Number: 081081,931
Art Unit 2602
1.

-2-

The text. of those sections of Title 35, U.S. Code not included in this action

can be found in the prior Office action dated 4/10/95.
2.

Applicant’s arguments with resp~.’ct to cJaims 2, 22 and 23 have been

considered but are deemed to be moot ia view of the new grounds of rejection.
3. The f<~lowing is a quotation of the appropriate paragraphs of 35 U.S.C.
§ 102 that form the basis for the rejsctions under this section made in this Office
action:
A person shall be entitled to a ps.tent unless -o
(b) theinvention was patented or described in a printed publication in this
or a foreign country or in public ,ase or on sale in this country, more than
one year prior to the date of application for patent in the United States.
4.

Claims 2 and 22-24 are rejected under 35 U.S.C. § 102(b) as being

anticipated by Beulton.
Re claim 2, Boulton discloses the claimed: I) t~ansceiver including an
interface generation means (controller 36, decode section 44 and memory 46); 2)
plurality of information tracks (data soarces 12); and 3) control means
(keyboard 38 and controller 36).
Re claims 22 and 24, Boulton discloses the claimed listing means as being
the electronic book 48. See col. 6, lines 1-14.
Re claim 23, the claimed activating means is met by an entry ~rom
keyboard 38.
5.

Applicant°s amendment necessit~ted the new grounds of rejection.

Accordingly, THIS ACTION IS MADE FINAL. See M.P.E.P. § 706.07(a).

F L-Apple0001146

Serial Number: 08/08L931
Art Unit: 2602

-3-

Applicant is reminded of the exten.~ion of time policy as set forth in 37 C.F.R.
§ 1.136(a).

A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS FINAL
ACTION IS SET TO EXPIRE THREE MONTHS FROI~ THE DATE OF THIS
ACTION. IN THE EVENT A F]SRS;~ RESPONSE IS FILED WITHIN TWO
MONTHS OF THE MAILING DAT~) OF THIS FINAL ACTION AND THE
ADVISORY ACTION IS’ NOT MAILED UNT]:L AFTER THE END OF THE
THKEE-MONTH SHORTENED STATUTORY PERIOD, THEN THE
SHORTENED STATUTORY PERIO!~ WILL EXPIRE ON THE DATE THE
ADVISORY ACTION IS MAILED, AND ANY EXTENSION FEE PURSUANT
TO 37 C.F.R. § 1.136(a) WILL BE CALCUI~TI~D FROM THE MAILING DATE
OF TttE ADVISORY ACTION. IN NO EVENT WILL THE STATUTORY
PERIOD FOR RESPONSE EXPIRE ]hATER THAN SIX MONTHS FROM THE
DATE OF THIS FINAL ACTION.
6.

Claims 8-9 and 36-38 are objected to as being dependent upon a rejected

base claim, but would be allowable ff rewritten in independent form includfiag all
of the limitations o£ the base claim ar..d any intervening claims.

7.

Claims 10-21, 2%28, 30-35, 39-48, 53-69 and 72-90 are allowable over the

prior art of record.
Any inquiry concerning this communication or earlier communications from

the examiner should be directed to Jeffrey Murrell whose telephone number is
[phone]. The examiner can norma!ly be reached on M-F from 9:30 to 6.

If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
supervisor, Jim Groody, can be reached on [phone]. The fax phone number
for this Group is [phone].

F L-Apple0001147

Serial Number: 08!081,9[11
Art Unit: 2602
Any inquiry of a general nature or relating to the status of this application or
proceeding should be dLr~cted to the Group receptionist whose telephone numbe:
is [phone].

Jeffrey Murrell
July 24, 1995

F L-Apple0001148