Motorola Mobility, Inc. v. Microsoft Corporation
Filing
138
NOTICE by Microsoft Corporation re 135 Trial Brief of Filing Supplemental Exhibits to Claim Construction Brief (Attachments: #1 Index of Supplemental Exhibits, #2 Exhibit 504, #3 Exhibit 1002, #4 Exhibit 1003, #5 Exhibit 1101, #6 Exhibit 1103, #7 Exhibit 1104, #8 Exhibit 1106, #9 Exhibit 1107, #10 Exhibit 1108, #11 Exhibit 1109, #12 Exhibit 1113)(Miner, Curtis)
Exhibit 1003
PATENT APPLICATION
THE CLAT
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PATENT APPLICATION
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PATENT APPLICATION
PT07367U
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Amended A data
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PATENT APPLICATION
PT01367U
PT01357U
1
Claims 1
are pending
are pending
to
application
19
19
above identified patent
the
have been rejected and the specification has been objected
have
been objected
Additionally
Examiner Additionally
various
mistakes have been noted
other
by by
1
19
In
REMARKS
Claims
the
the
the
the
Examiner
the Office
the Office Action
26 1996
26 1996
dated December
December
Claims 4,5 and
45
19
19
to
response
17 36 9 11 15 and 17
3 6,9,77,15 and 17
amended The specification
The specification
have been
3 sheets
sheets
Additionally
three
concurrently
has been
has been
amended
amended
in
in
have been canceled without prejudice Claims
have
prejudice
Claims
of
12
14
14 In
RESPONSE TO THE OFFICE ACTION
one
one
1 place
1 place
proposed drawing corrections are submitted
corrections
herewith
the specification
is
it
FIGs 1823 Accordingly
be
to
descriptions for
to
is
the specification
objected
does not describe FIGs 18 23
Drawings does not describe FIGs 1823
one
respectfully
1
to
the
have therefore amended the specification
the specification
Applicants
objection
26 1996
26 1996
December
in
Action
the Office
Office
because the Brief Description
of
of
In
OBJECTION TO THE SPECIFICATION
place
requested
include
that
the
withdrawn
of
Action
corrections for sheet 1 correcting
1 correcting
FIG 14
14
in
sheet
sheet
6 correcting
5 correcting
FIGs 14 16 and
FIGs 14 15
reference
database
database
157 has been added
has been added
ink
red
500
500
number 155 has been replaced with
number
has
replaced with
and 16 the figure numbers have been interchanged
and 15 the figure numbers
been
as
as
red ink
Regarding FIGs
red ink
Regarding
Once
a reference
15
15
in
FIG 1
1
Regarding
marked
1
1
FIG 21
FIG 21
Regarding
marked
FIG
FIG
Examiner notes several errors
notes
as
as
correcting
the
the
submitted proposed drawing
proposed drawing
the
indicated that
FIG 21
the spelling
Charlotte has been corrected
has been
Examiner has approved the proposed drawing
has
in
8
therefore
therefore
of
sheet
26 1996
1996
December
in
the Office
Office
drawings Applicants have
Applicants have
red ink
ink
changes and
changes
above identified
the above identified patent application includes allowable subject
application includes allowable subject
matter Applicants
will
furnish
a
set
the
set
of
in
In
PROPOSED DRAWING CORRECTIONS
approved changes
changes
6
formal drawings incorporating
PATENT APPLICATION
the
displayed
aa graphic
graphic
35
35
a
a key
word
message
alphanumeric message
35
image
corresponding
the
message
message along with the alphanumeric message
alphanumeric message
message does not include a word matching any key word
does
a
is
is
When
as
as
image
any word
a database
database
with image data representative
associated
associated
message includes a word that matches
a
has
remarks herein
determining whether
for
an
wherein the key word
the
USC S102b
USC 102 b
alphanumeric message matches a key word included
is
a received
Gaskill Applicants
1 3 under
1 3 under
Claims 1 3 and the
Claims
Claims
Claims
amended Independent Claim 1 calls
1
under
of in
by
amendments
the
al
Gaskill
L
133 are rejected
are
Claims
Claims
displayed
displayed'alone
alone
an
As
been overcome
been overcome
of
of
being anticipated
being anticipated
102 b
S102G
USC
26 1996
26,7996
submit that the rejection
that the rejection
respectfully
When
UNDER
UNpER
to of
of
102
S102 b
3
December
by
b
USC
as
as
In
the Office Action
et
1
13
REJECTTON
REJECTION OF CLAIMS
CLATMS
35
3s
PT01367U
without
the
accompanying graphic
a code
which the sender can input a code
aa pager
pager
The pager
or
or
sent
sent
as
as
11
line
that
line 11 that
to
to
8
8
is
column
column
is
line
line
to
to
7
a
system
shows a paging system
64
64
Gaskill
column
amended depend from Amended Claim 1
from Amended Claim 1
in
3
Claims 2 and
as
as
message
code and displays a graphic symbol such
a
symbol
recognizes the
recognizes
a house
a
office
office
2331
31
Gaskill
alphanumeric message received
message
does
does not disclose the step
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well
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when
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presenting
when
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message
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Gaskill further
presenting
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the step
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does not disclose the step
alphanumeric message matches a
alphanumeric message matches a
to
a database
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that
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of by
original
in
key word stored
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a
submit
of
respectfully
whether a word
a word
of
or of
Applicants
determining
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icon corresponding thereto
thereto column 10 lines 23
column 10 lines
words match any key words the alphanumeric message without an
anyi
alphanumeric message
respectfully
Claims
no
is
is
information that
suggestion that a graphic
a
supplement the meaning
supplement the meaning
of
of
displayed
received
received
pager There
There
aaconventionally
conventionally
alphanumeric message Therefore Applicants
alphanumeric
Therefore Applicants
submit that Gaskill does not disclose each element
Gaskill
not disclose each element
13
7
of
of
and
be
message can
message can
entered
code that permits the sending
code
the recipient
is
is
a different
a
directly displayed
of
can
a
Gaskill the sender can either enter a code that causes the display
by
icon
or
an
of
Instead
to
in
accompanying graphic message
messale
Amended
Amended
PATENT APPLICATION
102 b has been
S102 b has been
traversed
traversed
amendments
the
3
Claims 13 under
Claims
1
Claims
3
1 3 and
35
35
believed that the rejection
the rejection
to of
of
Accordingly
by
it
is
PT01367U
the
USC
USC
remarks
hereinabove
103 has been overcome
103 has been overcome
35
35
by
in
in
Claims
6 7 are rejected
view
and Lipp
Lipp
Miyashita
submit that the rejection
submit that the rejection
the amendments
the amendments
under
are
Claims
Claims
et 35
et 35
103
5103
of
of
over Gaskill
being unpatentable
being
Applicants respectfully
Applicants respectfully
by
by
USC
USC
USC
26 1996
26 7996
December
to
to
as
as
103
5103
4
of
of
35 at
35
the Office Action
Lipp
under
Miyashita Applicants
Miyashita
5 has been rendered
Claims 4 5 has been rendered moot
35
3s
OF CLAIMS 6 7 UNDER
OF CLAIMS 5 7 UNpER
al
view
view
Claims 4 and 5 without prejudice
prejudice
5
REJECTION
USC
4
5 are
Claims 4 5 are rejected
of
of
35
3s
over Gaskill
over Gaskill
In
the cancellation
103
5103
26 1996
26,1996
December
being unpatentable
being unpatentable
submit that the rejection
submit that
respectfully
USC
USC
in
103
5103
of
of
the Office Action
Office
of
USC
USC
as
as
In
REIECTTON OF CLATMS 4 5 UNDER
REJECTION OF CLAIMS 4 5 UNDER
67 under
7
Claims 1 and 6
Claims 1 and 6 and the
of
of
message
message
Independent
the cited art further
does not
Claim 1
Claim 1
as
as
an
accompanying
accompanying graphic message
graphic message
amended
amended
displayed
pager There
suggestion that a graphic
suggestion
supplement the meaning
the meaning
8
information that
is
is
that permits the sending
sending
recipient
of
of
be
by the
no
a different code
code
of
Gaskill the sender can either enter a code that causes the display
can
a
causes
directly displayed
message can
message
the step
message
message
called for
is
is
icon
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message
when no message words match any key words
message without
Independent
or
an
of
Instead
presenting
to
called for
in
alphanumeric
combination
as
as
the step
in
the
amended The
database
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the original alphanumeric
the data communication receiver
communication
of
suggest
1
1
as
as by
Claim
well
a
a
a graphic
a graphic
in
key word
word
word
as
to
the
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received
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a key
as
as
word matches
matches
as
as
the
Gaskill Miyashita
Gaskill Miyashita
determining whether a word
a
alphanumeric message matches a key word stored
when
recognition
messages
messages
canned
submit that the combination
that the combination
respectfully
and Lipp does not teach the step
presenting
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of
programming
in
Applicants
code
code
canned message
canned message
receives
of
a
a
over the
that
or
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of
of
a
of
which causes display
Lipp describes
as
the limitations thereof
the limitations thereof
describes
of
Miyashita
of
and include
Claim 1 as amended
Claim 1
amended
amended depend from Independent
air
67
all
all
Claims
of as
of as
remarks herein
aa conventionally
conventionally
PATENT APPLICATION
PT01367U
PT07367U
be
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determine whether a graphic message representative
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along with the alphanumeric message
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whether
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Rather Miyashitashows
canned
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code
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key
word Lipp does not correct
Lipp does not correct
the deficiencies
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Gaskill
and
in
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to
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of
in
teaches away from
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messagewiththegeneralmessage'Miyashitathereforeteachesawayfrom
with the general message
response
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words included
included
determining that one
more
more
determining
can cause display
by
alphanumeric message
alphanumeric
of
that words included
the
Miyashita because Lipp also does not suggest
MiyashitabecauseLippalsodoesnotsuggestthatwordsincludedinthe
graphic message accompanied
a graphic message accompanied
in
the
the
as
as
fluent
not fluent
a
a
a
graphic
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can
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a
of
some circumstances
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still
presentation
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by
be of
the
the
who
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sending
specifically
message
message
presented
understand the presented
understand
o
message can
message
a user
a user
of
of
of
the presented
that
that
and 7
Amended Claims 6 and 7
is
is
described
described
the invention
which depend from Amended Claim 1
depend from Amended Claim 1
language
language
in
The advantage
is
is
of
the alphanumeric message itself
alphanumeric message itself
is
of
by
is
so
so
all
of
languages
the same time the alphanumeric
understood
users
beunderstoodbyusersofalllanguages Atthesametime thealphanumeric
that meaning
that
presented along with any graphic message
any graphic message
message itself
presented along
message
Amended Claim 1 which
Amended Claim 1
are included
suggest
Dependent
the features
Claims 6 and
Claims
7
as
as of
or
Miyashita
teach
Miyashita and Lipp does not teach
Gaskill
Gaskill
in
of
of
a user having the appropriate
the graphic message
clarified when read
thegraphicmessageisclarifiedwhenreadbyauserhavingtheappropriate
submit
combination
language skills Applicants therefore respectfully submit that the combination
Applicants therefore respectfully
reiection
the rejection
amendments
been
been traversed bY the amendments
6
Claims 6 7 under
7
Claims
35
35
of
of
that
to
to
believed
by
103 has
has
103
is
is
Accordingly
Accordingly
it
amended
USC
USC
Claims 1 and 6 and the remarks
6
Claims L
under 35
USC
USC
and the remarks herein
the remarks herein
9
Miyashita
Miyashita
under
amendments
amendments
usc
USC
Lipp and Deluca
LilPP'and DeLuca
submit that the rejection
the rejection
submit
the
the
35
35
rejected
rejected
of
view
respectfully
fesPectfully
has been overcome
Claim 8
Claim 8
is
is
103
of
in
Gaskill
over Gaskill
005 Applicants
103
103
USC
26,1996
26 1996
to
to
Deluca
DeLuca
Decembet
December
by
by
of
being unpatentable
being
35
al
al
et
et
103
103
OF CLAIM 8 UNDER
the Office Action
the office
as
as
In
REJECTION
35
hereinabove
Claim 8
8
6
Claims 1 and 6
Claims 1
PATENT APPLICATION
1
Claim 1
Claim 1
believed
Claims 6
Claims 6
be
7 Independent
T
is
is
set
connection with the rejection
connection
the rejection
be patentable over the combination
and
Applicants respectfully
that combining
Gaskill Miyashita and Lipp Applicants respectfully submit that combining
Miyashita and Lipp does
with Gaskill Miyashita and Lipp does not render Independent
in
a
a
along with the
message
any key
message words match any key
message
message
displayed
be
believed
the limitations
accompanying
accompanying
Amended
over the combination
combination
patentable
Claim 8 under
Claim 8 under
35
35
that the rejection
the rejection
amendments
amendments
the
to
believed
been traversed
of
of
Miyashita Lipp and DeLuca
Deluca
Accordingly
has
has
also
also
to
1 Claim8
Gaskill
it
by is
Claim
is
Because Dependent Claim 8 includes
without
alone
of
of
message
message
of
alphanumeric
of
the
graphic
displayed
that when
all
words
key word
a
a
key word a graphic
a
a
an
the
message itself
no
alphanumeric
Claim 1
1
words included
key words
stored
message matches
message
is
message corresponding
the
the
is
word
or
a
to
database that when
database
of
of
alphanumeric message are compared
received
suggest that
suggest
to
obvious because DeLuca also does not teach
Deluca also does not
in
DeLuca
Deluca
or
or
of
and
and
forth above
above
of
of
claim that depends from Amended Claim 1
from Amended Claim
dependent
to
a
For the reasons
in
in
Claim 8
8
set
is
I'T01367U
PT07367U
USC
USC
103
5103
Claims 1 and 5 and the remarks
1
6
Claims
911
has
has
35
26 1996
26 1996
over
over
11
that the rejection
rejection
USC
USC
103
6103
Claims
Claims
9 1L are rejected
911 are rejected
Gaskill Applicants respectfully
been overcome
been
the
the
under
35
35
December
3s
submit
amendment
to
Action
being unpatentable
being unpatentable
of
103
5103
UNDER
by
by
the Office
as
as
In
USC
USC
of
OF CLAIMS 9
OF CLATMS 9
REIECTTON
REJECTION
11
11
hereinabove
bv
by
traversed
the
amendment
rendered obvious
obvious
that
iI in
it
the rejection
rejection
believed that
believed
Gaskill
Gaskill
Claims
9 11
9
has
has
been
Claim 9 and the remarks hereinabove
remarks hereinabove
10
in
connection with the
connection
the
is
is
to
67
Claims 5 7
11
are not
are
believed
of
the Rejection
by
by
amended
those called for
2 For the reasons set forth
For
reasons set
of
911
911
Accordingly
contain features similar
1 and
133 and
it
is
Claims
Claims
as
as
Rejection
of
Independent Claims L and
1
to
Amended Claims 9
11
Claim 9 and the remarks herein
herein
PATENT APPLICATION
14
35
view
of
over Gaskill
over Gaskill
unpatentable
unpatentable
Miyashita Lipp and
Miyashita
submit that the rejection
the rejection
has been rendered moot
under
rejected
are rejected
Claims
the cancellation
14 14
103
103
2
26 1996 claims 12 4
26 1996 Claims
December
December
Applicants respectfully
Appticants respectfully
USC
USC
under 35
under
103
of of
35
DeLuca 005
Deluca
being
USC
in
103
103
UNDER
by
as
as
In
35
35
the Office Action
office
of
of
OF CLAIMS 12
REJECTION
USC
usc
14
PT01367U
PT01.367U
12 l 4
Claims12
L2
prejudice
without prejudice
103
s103 has been overcome
amendments
amendments
the
the
Claims 15
19
of
of
of
of
35
19
submit that the rejection
the rejection
respectfully
respectfully
under
rejected
Miyashita Lipp and
to
to
35
35
USC
usc
view
and 17
Claims 9 and 17
Claims
19
under
under
over Gaskill
over Gaskill
being unpatentable
unpatentable
Applicants
Applicants
in
103
103
DeLuca 005
Deluca
Action
by
by
as
as
In
35
35
the Office
the office
USC
USC
USC 103
UNDER
26 1996 Claims
December 26 1996 claims 1519 are
OF CLAIMS 15
REJECTION
Amended Claim 9
Amended Claim 9
the
set
Rejection
Amended Claim f
Claim 1
of
5 7 and
6
Amended Claim
patentable
patentable
9
Amended
over the combination
of
of
are also believed
are
to
Claims 15
Claims 15
include
all
Claims 15
Claims 15
like
includes
Deluca since
Gaskill Miyashita Lipp and DeLuca Since
Gaskill Miyashita
limitations
the limitations
of
that
of
of
believed
Claims
9 which
the reasons
is
Rejection
connection with the Rejection
over the combination
combination
over
patentable
patentable
from Amended Claim
from Amended
Amended claim 1 For
Amended Claim
of
those called
in
for
amended depend
amended
be
is
Claim 8
8
it
above
above
18 18
18 18
forth
forth
similar
similar
in
features
features
to
15 18
Claims 1518
as
as
herein
19 and the remarks herein
Gaskill
as
Miyashita Lipp and DeLuca
Deluca
Miyashita
be
be
also believed
also believed
patentable
over the
35
19
Del uca
Gaskill Miyashita Lipp and DeLuca
of
combination
combination
of
Therefore Amended Claim 19
Claim
Therefore
to
to
Claim 9
L
Amended Claim 1 and Amended Claim 9
is
called for
19
those
those
in
similar
similar
to
to
limitations
includes
Independent
19
Independent Claim19 as amended includes features and limitations
11
remarks hereinabove
hereinabove
19
by
to
it
is
Claims 15
under
USC
believed that the rejection
Accordingly itisbelievedthattherejectionofClaims15 19under35USC
amendments
Claims 9 and 17 79 and the
and 17
103 has been traversed
has been
the amend ments
103
PATENT APPLICATION
allowance
and
and a favorable response
to
to
response
response
the Office
the office
13 611 and 15 19
i 3,6 and 15
Claims
Claims
19
that
that
rr
submitted
is
is
for
a full and complete
complete
an
condition
26 1996
26 1996
at
in
are
submitted
dated December
December
as
The foregoing
Action
It
rt
is
is
is
PTOI 367U
PT01367u
an early date
date
earnestly solicited
solicited
of
3
owing
this
this
time
time
be
any excess fee has been received
any excess fee has been
charge any fees which may be
charge
deposit account
deposit account
13 4778
13 472g
be
Examiner believes that there are any informalities which
that
believes
informarities which can be
by Examiner's amendment a telephone call
Examinerg amendment
the undersigned
ilu
DELUCA
IP
Kelly
Dept MS96
Dept MS96
submitted
et
al
Respectfully
MOTOROLA INC
rdv
Al Gardner
6 Gardner
Attorney for Applicant
1500 Gateway Blvd
Gateway
No 35,147
35,147
Tel 561 739 2860
Tel
567
FAX 56r 73e 282s
FAX 561 739 2825
Reg
12
Beach
Boynton Beach Florida 33426
33426
T2
3
which are
respectfully solicited
soliiited
Law
three
above identified
at
at
due
or
is
fee
due
or
no
is
hereby authorized
hereby
any overpayment
any
to
to
or
any fee
claims three
the
the
is
is
corrected
that
that
claims including
to
If
the
credit
is
is
be determined
Commissioner
required
14
Applicants submit that
Applicants submit that
be
should
Should
it
independent
20
Amendment
After the foregoing
After the
application includes
application includes fourteen
fourteen
patent
the
have previously paid for twenty
claims
to
Applicants
independent
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