Motorola Mobility, Inc. v. Microsoft Corporation

Filing 125

NOTICE by Microsoft Corporation re 124 Defendant's MOTION Claim Construction of Filing Exhibits (Attachments: # 1 Appendix (Index to Exhibits), # 2 Exhibit 101, # 3 Exhibit 102, # 4 Exhibit 201, # 5 Exhibit 301, # 6 Exhibit 302, # 7 Exhibit 304, # 8 Exhibit 305, # 9 Exhibit 501, # 10 Exhibit 502, # 11 Exhibit 504, # 12 Exhibit 601, # 13 Exhibit 801 (Part 1), # 14 Exhibit 801 (Part 2), # 15 Exhibit 901, # 16 Exhibit 902, # 17 Exhibit 903, # 18 Exhibit 904, # 19 Exhibit 905, # 20 Exhibit 1101, # 21 Exhibit 1102, # 22 Exhibit 1105, # 23 Exhibit 1110, # 24 Exhibit 1114, # 25 Exhibit 1115, # 26 Exhibit 1116, # 27 Exhibit 1201, # 28 Exhibit 1301, # 29 Exhibit 1302, # 30 Exhibit 1303, # 31 Exhibit 1304, # 32 Exhibit 1305, # 33 Exhibit 1401, # 34 Exhibit 1402, # 35 Exhibit 1403, # 36 Exhibit 1404, # 37 Exhibit 1405, # 38 Exhibit 1406, # 39 Exhibit 1407, # 40 Exhibit 1408, # 41 Exhibit 1409)(Miner, Curtis)

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Exhibit 1302 I ftyc JF?. ruR ThR luu l.q rN e/ r PROGEDUBE EXPEDITED PROCEDURE TLg :rtR being ttansmlfled vle fac€ltnile I h€|ew certry th8t thB co.rEspofldeflce i5 b6in9 tranGmltted via (acslmda t hereby certify that this corespondenCe is to Commissioner of Patents and Trademarks, WSShiflgtOfl D.C. 20231 Cammissionor Flatontc and Tradcmsrks, weshingbn O'C' lo at (703) 30&6306 b tho att€nlon ol Examiner Ferguson. at (?03) 308-6306 to the attention ol EBminer Ferguson' alrlo on: .lenuarv 19.2001 \ r( r; r\_ 4, r4ç en*gnr{ ZfrL eJ - PATENT PATENT. OFFICE PATENT A}'ID IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 1*z I Uts Urs Ferguson. K EXAMINER: E)(AMINER: Ferguson, K. SERIAL NO.: NO.: 09/114,508 GROUP: FILED: FILEO: 07/13/98 07/.t3198 ENTITLED: ENTITLED: \ \-/ APPLICANT: APPLICANT: METHOD AND APPARATUS FOR INITIATING A COMMUNICATION IN METHoDANDAPPARATUSFoRIN|TIAT|NGAcoMMUN|cAT|oN|N A COMMUNICATION SYSTEM COMMUNICATION $YSTEM \-- GROUP: CASE NO.: NO.: 2746 2746 CM03782H CM03762H Motorola, Inc. Corporate Offices Corporate Officcs E. Algonquin 1303 E. Algonquin Road Schaumburg, lL 60196 Schaumburg, IL January 19, 2001 19,2001 2 a A TO FIMI XEJEC'IIg AMENDMENT AND RESPONSE TO FINAL REJECTION AMENDMENTAND RESPON Box AF Honorable Commissioner of Honorable Commissioner Patents and Trademarks Washington, D.C. 20231 D.C. 20231 Commissioner: applicant hereby october 31, 2000, office In respon$e ro the Office Action mailed on October 31, 2000, the applicant hereby In response to following amendment respectfully submits rospectfully submlts the following amendment and response: LOO/IOO. 8LIL# 100/r00'd SLrLf gAI IO'dCJOW GdI YTOUOTON 0 gte gLgLtB 09:LT 100e,6T't'Nf 9tS L'8 OLt t00,6tN'ir ' ,---' IN THE CLAIMS THE Please amend claims 1, 9(and 12 to read as follows: 1, 9(and 12to read Please amend 1. (twice ameii. d) A communication system, comprising: A communicafion sysrcm, comprising: 1. (twice fixed networ equipment that provides communication services to a fixed .equipment that provides communication services communi tion unit located within the communication system; ion communication system; equiprnent, a voice mail devic - coupled to the fixed network equipment, that receives voice rnail devic\coupled communication voice mail inte ed for the communication unit; and a converter device, coup - d to the fixed network equipment and the voice mail coup\d -rela0ed device, that extracts Iler-related information from the voice mail, converts the caller-relat-. information from aavoice format to an alphainformation from voice format to an alphacallerconverts numeric string format, an. onveys the caller-related information in the the caller-related information numeric string format, he communication unit via the fixed alpha-numeric string format communication strirrg conveys network equipment, wherein, aft - the converter device conveys the convertet equipment, wherein, equipment receives fi xed caller-related information, the fixed .- twork equrpment recerves a informatron, t-." request from the communication unit to se the caller-related information i' reouest fiom td unication unit and at least to initiate a communication between the c. one target device, wherein the caller-related i ormation identifies the at the caller-related least one tarqet device [initiate a communication' sing the caller-related target device [initiate a communication b^tr\ 6 information}. informationl. \&\ " t9/> ->- % infrastructure 9. (twice amen. - .) In a communication system that includes an infrastructure and a In a communication system 9. (twice the communication communication unll commumcatlon unit,- ethod for the infrastructure to provide the communication initiate enables communication ion unit with caller-related in . - i tion that enables the communication unit to initiate a sing the steps of: communication, commurricatton, the method co the communication receiving receiving voice mail intended lb*qhe communication unit; from the voice mail; extracting the caller-related informa exmcting converting the caller-related information - m a voice format into an alphaa voice informatiori numeric string format; format; -numeric string format to numeric sting transmitting caller-related infonnation transmitting the caller-related information in the a the communication unit; and communication ulit; receiving a request from the communication unit to use the her-related ths communication a tion etween the co unication nit information, to initiate a co 2 LOO/Z00d BUtL# 100 /zaa 'd I rT L# I adi od IOOJOW vTouoro',r OGLE 9L 09Le 9LS L8 OLI tOO6t'NVf tt8 09:lT I002,61'NYr' %#D and at least one targt dWe. wherein the caller-related information initiate communication identifies the at least one taIgt device linitiate a communication using the caller-related information]. call er-related information l. a contmunlcatlon' communicatiorr urrit to 12. (twice amended) A ethod for a communication unit to initiate a communication, (twice amended)A the method comprising the i'S of: method comPrising requesting from a cornmu -ication system infrastructure caller-related cation system infrastructtue caller-related from a message, a information containe' a voice mail message. the caller-related information needcd and being information needed to format information being in aa vo e format and information being in v./\) att\/ v ,) .// initiate the communication i response to the voice mail message; communication\response informat\ an alpha-numeric receiving the caller-related informati in a" alpha'numeric string format rcceiving resulting from a voice-to-alpha-n eric-string-format QirsF, resulting from a voice-to-alpha-\reric-string-format conversion; storing the caller-related information to p\"" stored caller-related storing thc calier-related information pr duce \^[?\ ^1 dv information; tollEslMl@d ofthe co receiving a request from a user of the commurn tion unit to use the stored receiving a cation between the caller-related information to initiate a co communication unit and at least one target de cc. wherein the stored caller-related information identifies the at least e target device [initiate stored caller'related the communication using the stored caller-related 1 formation]; and the caller-related formation. the initiating the communication using the stored caller-re communication a 3 tOC/OO-a 8LIL# t00 /e 00 'd SLILf air YrLOdQJOW YrtoEO,IOH gd L8 tLI gLC IOOZ.6T'NY! CL 919 LI8 I9:LT tOCZ,IWT O REMARKS REMARKS The Examiner rejects claims 1, 2, and 4-16 under 35 U.S.C. § 103(a) as being Examiner rejecrts claims 1,2, and 4-16 under 35 U.S.C. $ 103(a) as being unpatentable over Agraharam et al. (U.S. Patent Number 6,085,231, "Agreharam") in unpatentable over Agraharam et al. (U.S. Patent Number 6,085,231. Agraharam") in view of Klein et al. (U.S. Patent Numbor 5,943,398, "Klein') and claim 3 under 35 et (U.S. Patent Number 5,943,398, Ktein") U.S.C. S 103(a) as being unpatentable over Agraharam in view of Klein and further in UIS.C. § 103(a) as being unpatentable over Agraharam view Klein and view of Srinivasan (U.S. Patent Number 6,072,862). The applicant respectfully Srinivasan (U.S. Patent Number 6,072,862). The applicant respec{ully disagrees with the Examiner's rejections. Nonetheless, the applicant has amended applicanl disagrees with Examineds rejeaions. Nonetheless, to independent claims 1, 9, and 12 to more clearly express the present invention and to more 1, 12 independent highlight the novelty and patentability of the present invention over the prior art. The patentability of present invention over prior highlight the novelty of applicant hereby requests that the Examiner reconsider the outstanding rejections of outstanding Examiner reconsider applicant hercby roquests present invention's claims. the present invention's claims. Addressing the rejection of claims 1-11, the applicant notos that claims 1 and 9 applicant notes that claims I and 9 clairns 1-11, Addressing ihe both contain the limitation of extracting the caller-related information from the voice contain caller-related information limitation oxtracting limitation: teaching mail. The Examiner cites Agraharam col. 2, lines 49-56 as teaching this limitation: Agraharam lines mail, Examiner If the called palty is determined to he e ubciber to to such an olias tclephon: numbere-mail system, then in tho called party is determined to bt a s'bscribet uoh an alias telephone number e-rnail syrtenr, rhen in E.metsage converter accordance with the invention, the voice.mail system 106 sends the stored message to a message convener eccotdgoce with tbc invention, thc voice.nail sletcm 106 setds rhc stored tlrssagc know:t matmeft 107 which convens rhc stored audio message to a .WAV filc in a conventional and well known manner, or in a couventiofll eod message .WAV 107 which converts the smred converts the stored audio message to texr using well biown and availabic voicC.Io-text software. coovcre thc sttred audio message to lgxt using weu lqown and availablc voicL"-lo-text softwsre. However, the applicant asserts that Agraharam does not teach extracting the callerHorvever, the applicant asserts that Agraharam does not teach extracting the calleranything related information from the voice mail. Agraharam does not extract anything from the Agraharam voic€ inforrnation entire stored audio message. Rather Agraharam clearly teaches converting the entire leaches message. Raiher by message into a .WAV file or to text. The caller-related information, as claimed by the caller-related information, filo message present invention, is a part of the voice mail; it is the part that is extracted from the voice mail; it is the part that is extracted from the invention, voice mail. present invention, As claimed by the present invention, the caller-related information may comprise caller-related information may comprise by a a telephone number (claim 4), a talkgroup identifier (claim 5), a communication unit a talkgroup identifier (claim number (claim identifier (claim 6), or an alias (claim 7). The Examiner cites Agrahafam col. 1' lines 187). Examiner cites Agraharam col. I, lines 18limitations: as teaching 22 as teaching all these limitations: 4 LOQfOOd 8LIL# t00 /t00'd 8LlL# aai voosow da I vTouo&ol'{ OL 9L te Tg:LI IOO?,61M11' 09Le 919 Llg rgtLr r00z.6r'NYr' As described therein, a sender of an e-mail message to a subscriber uses the subscriber's telephone number dcscribed thercirl a sender ofan e.mait message to a subscriber uses the subsctiber's telepbone as the name portion of intended e-mail addrees, together with known domsin rrgme. as drc name portio! of the inrended recipient's e-rnail address, rogether wrth a knovrm domain name. Clearly, telephone numbers and aliases are known in the art. However, claims 4-7 claim claims numbers Clearly, caller-related information extracted receiv€d that the caller-related information which is extracled from the received voice mail is of a particulartype, i.e., a telephone number, an alias, etc. Moreover, claims 4-7 further limit further particular type, i.e., a telephone number, an alias, etc. Moreover, caller-related information. Agraharam refers to the recipient's telephone number and to tolephone nurnber and Agraharam Agraharam e-mail address, not the callef a information. The applicant asserts that Agraharam does calle/s information. applicant not teach that telephone nurnber is extracted from received not teach that a telephong number related to the caller Is extracted frorn a received applicant 5-7, voice mail as claim 4 claims. Applying analogous reasoning to claims 5-7. the applicant Applying anglggous $7 either. asserts that Agraharam does not teach the limitations of claims 5-7 either. limitations of Agraharam Claims limitration claim Claims 1, 9, and 12 claim the limitation of receiving a request from the communication unit to use the caller-related information to initiate a communication initiate communication communication usa caller-related callerdevice, between the communication unit and at least one target device, wherein the callerunit that related information identifies the at least one target device. The Examiner asserts that information least Examiner Klein teaches the receipt of a request to initiate a communication, citing Klein col. 3. teaches Klein col. 3, communication. lines 4-1 6 and col. 4, lines 11 -33(emphasis added): lines 4-16 and col. 4, lines 1 1-33(emphasis added): Communications rndium 102 crn trke many forrns. For exarnple, ititrnay bc aa telephone link, a LAN/WAN Comrrumicadons medium 102 can take many forms. For example, may be tclcphonc linL, a LAN/WAN data network (f.ex., TCP/IP datagram service), or the Internet (f.ex., SMTPIPOP socket protocol). rptwork (f.ex., TCP/P ditagram service), or tbe Interoet (f,ex., $MTP/POP sockct protocol). Connection between medium 102 and rncssaging s1"srctI 100 may be effected in any suitable way. For effected in any suiuble wny. For Cormpqtion between medium 102 and messaging systcm 00 nray example, if system 100 is the Intuity messaging system, and medium 102 is the Internet, the connection may exrnplc, if sysrcm 100 is thc Innrity nrssaging slatem, and rncdiurn 102 is thc lntcroer, dte connection may glso Translttion ecrvicc 101 be made vio thc Intuity Gate Net interface of Lucens Technologies Inc. Translation service 101 can also nnde via Intuity Gste Nel i erfrcc of Luccnt Technologies r tclL?honc take many forms. For example, it may comprise one or more human agents each equipped with a telephone may conprisc oue or rnde human ogeas cach For exarnpte, it uke nany conputer executing texVfax-to.speech and and either a data terminal or a computer, or ititmay comprise a{computer executing texi/ and s.od eithcr a dats tcrminal or a computer, or rnay conprisc speech-to-text/fax conversion programs. specch-tetcxt/fax cowcrsion prograrns. When translation service 101 receives rho translatioorequest and the message component to be translated, usnslarioo selice l0l receives the translation rerlucet and the rnessogr conponent to be trnnslat€4 at step 430 of FIG. 4, it translates th€ component as requcstcd-cither from voice to tct or from tcxy'fax to stcp 430 of PIG. translates the component as requestedeither from voice to text or from text/fax to voiCeat step 432, and then returns the translated component to daornon process 117, at step 434. voicc--lt stcp 432, old thca renrns the nanslated compon;nt to daenron procees 117, 4t step 434. The translated cor4oucot biy be rcceivcd by messeging syfl€m t00 for drcmon proccss I 117for example, tanslated component may be received by messaging system 100 for daemon process l7'for exanple' Eat|slitioD scrvice in a buffer or a mailbox dedicated to daemon process I l?, or in a nrailbox belonging to translation service 117, or mailbox [rslonging o buffer or I mailbox dedicated to dderBD 101 if service 101 is aa subccriberof system 100. In that case, messaging system 100 notifies daemon if servic.€ l0l is subscriber of system 100- In that cese, messaging system 10O notifiec dacmon process 117 of the receipt of the translated component, at step 440 of FIG. 4. Otherwise, daemon process II7 thc rnccipt of the rsnstat€d compon€nt, at step 440 of FlG. 4. Otherwise, dtenon process rcceipt ofthc tss$l8ted 117 may rcccive the translated cor4roncnr directly, at step 440. In either case, upon receipt of the translated rt stcp 440, In eithel cas., I I ? may receive thc ranrlatad component component ar step 440, dacmoo process 117 checks in cafy lt5 of database 114 on details of the dstsbsse 114 on ds'tail8 of the corqoncnrr at step 440, daenion process 117 checks in cnay 115 translation scrvice srbscribsd m by dre oumer of mailbox X to determine. at step 442, whether that sanslation service subscribed to by the owner of msilbox X to deteminc, * xq 442, whether thst subscriber hm requestcd to receive both tls Esn$lfied compoffnt and tb original of that component, or that componat, or subscribcr has requested to receive both the translated component and the original only the translated component. the tsanllatcd coryoncnt. 5 Lco/'coa 8LTL# r0 0 /s0 0'd Irlt# adl vTototoH cdlV'IOOJOH qtf 9r.g Lt8 Ic:LI T00u.61'l.Ivf OL 9L LD8 I9: tI TOO6VNV 0 9 i( The applicant submits, however, that Klein does not teach the receipt of a request to applicant receipt request however, initiate a communication but rather the receipt of a "translation request?' Moreover, the communication but rather the receipt of a translation request." Moreover, ,t! applicant asserts that Klein does not teach or suggest the irse of caller-related applicant asserts that Klein does not teach or suggest the se of caller-related least information to initiate a communication between the communication unit and at least communication cornmunication unit information one target device identified by the caller-related information. Thus, the applicants caller-related information. Thus. one target device identified submit that claims 1, 9, and 12 all cont5in limitations related to initiating a 1,9, and 12 all contain limitations related initiating submit that communication using caller-related information that are not taught or suggested by caller-related information suggested communication Klein. Moreover, with regard to claim 14, the Examiner seems to refer to the regard claim 14, Moreover, Examinor $eems concurrency limitation by the word "concurrent" on page 3, line 4 of the present office word "concurrent" on page line of present office concuffency limitation by action. However, it is undear to the applicant how the citations above teach the unclear to the applicant how citations above teach actlon. However, "receiving concurrency limitation claims additional lli_Qqlcurrency limitation of claim 14. Claim 14 claims an additional step of "receiving a request from the user of the communication unit for the caller-related information communication callor-related request from the concurrent with the step of providing the voice mail message audibly to the user of the user of the concurrent with the step of providing the voice mail message rnail communication unit.'Thus, while the communication unit is providing the voice mail communication unit." Thus, while the communication unit is providing message audibly to the user, the communication unit receives a request from the user rec€ivos communication message of the communication unit for the caller-related information. The applicant does not see the caller-related information. The applicant does not see the communication unit applicant how Agraharam teachee or suggests this specific limitation. In fact, the applicant raised specific suggests how Agraharam teaches prior this issue in the prior amendment but has not received any response. Therefore, the but has not received any response. Therefore, the issue applicant requests that the Examiner respond by specifically explaining to the applicant reguests that the Examiner respond by specifically explaining to the prior limitalion. applicant how the prior art is asserted to teach this limitation. how Since neither Agraharam, Srinivasan, nor Klein, neither independently nor in indepondontly neithor Agraharam, Srinivasan, combination, teach all of the limitations of base claims 1, 9, or 12, or therefore, all the limitations base claims 1, 9, or 12, or therefore, all the combination, ineludes limitations dependent claIms 2-8, 1 0, 1 1 , 1 3'16 limitations of dependent claims 2€, 10, 11, and 13-16 each of which includes the all limitations of one of these base claims, the applicants assert that the Examiner has not base claims, the applicants assert that the Examiner has not made prima fade rejection or objection othor grounds obviousness. made a prima facie case for obviousness. No other grounds for rejecllon or objection present form in being given, the applicants now respectfully submit that the claims in their present form respectfully applicants boing 6 LO0/9OOd SLtL# 10 0 /90 0'd SrTl# UdI vToEoJol',I oa r VIOOLOW ocLc 9L L8 0glf 919 1tr8 Lt tOCz,6tNr ZgtL7 T00?,6r'Nvr L are patentable over the prior art of record, and are in condition for allowance. As a patentable over the prior art of record, and are in condition for allowance. result, allorance of thls case and early passage to issue is earnestly solicited. The allowance this earnestly solicited. Examiner is invited to contacl the undersigned, if such communication would advance communication Examiner invited to contact undersigned, advance proseculion pr€sent applicatbn. the prosecution of the present application. Respectfully submitted, Respectfully su bmitted, Kamala Urs Urs By: % I 4eftrey K. acobs Agent for Applicant Agent Registration No. 44,798 Registration 44,79E No.: 8471576-5562 Phone No.: 847/576-5562 8471576-3750 Fax No.: 847t576-3750 No.: 7 LOC/L00d GLIL# L0a / 100'd StTt# ddI VIOOON dI OEOtO',1 LT T00e,6r'NYf OL 9LG L8 zg:LT toOz,6vNvr 09Lt. 9Lg ai8

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