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)

Exhibit 1302

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PROGEDUBE
EXPEDITED PROCEDURE

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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'

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on: .lenuarv 19.2001

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- PATENT PATENT.
OFFICE
PATENT A}'ID
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

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Ferguson. K
EXAMINER:
E)(AMINER: Ferguson, K.

SERIAL NO.:
NO.:

09/114,508

GROUP:

FILED:
FILEO:

07/13/98
07/.t3198

ENTITLED:
ENTITLED:

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APPLICANT:
APPLICANT:

METHOD AND APPARATUS FOR INITIATING A COMMUNICATION IN
METHoDANDAPPARATUSFoRIN|TIAT|NGAcoMMUN|cAT|oN|N
A COMMUNICATION SYSTEM
COMMUNICATION $YSTEM

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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:

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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

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information}.
informationl.

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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

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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./\)
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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

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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

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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:
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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/fax.to-speech 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.

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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
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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

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