Google Inc. v. Traffic Information LLC

Filing 52

Brief Plaintiff's Opening Claim Construction Brief. Filed by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E part1, # 6 Exhibit E part 2, # 7 Exhibit E part 3, # 8 Exhibit E part 4, # 9 Exhibit E part 5, # 10 Exhibit F part 1, # 11 Exhibit F part 2, # 12 Exhibit G, # 13 Exhibit H) (Markley, Julia)

Google Inc. v. Traffic Information LLC

Doc. 52 Att. 11

I .s1hereby claim 20, or any $3ii":i:*,3it iYfl;d;:f:5"il5:;6Ji" insofar as the subject matter-of each of Ehe craims of this applicaLion is not discrosed in t.he prior united states appricat.ion in the manner provided by the first paragraph of Title 35, united sEates code, s112, 1 acknowledge the auey to disclose material information as defined in Title 3?, codl of Federal Regulations, Sj_.5G which occurred between the filing date of the pri-or application and the national- or pcr int.ernational filing daLe of this application:

:::ii L"ir :ii;

"':lfEH:::

(Application Ser. No.)

(Filing Date)

abandoned)

(Status) (patenLed, pending,

(Application Ser. NoJ

(Filfrg

D"r")

(Sbatus)

abandoned)

(patented, pending,

I hereby appoint ,Jacob E. Vilhauer, .Jr., Reg- No. 24,BgS, Charles D. McClung, Reg. No. 26,568, Dennis E. Stenzel, Reg. No. 28,763. Donald B. Haslett., Reg. No- 28,855, William O. Geny, Reg. No. 2'l ,444 , J , Pet.er St.aples, Reg. No. 30 , 690 , Nancy J. Moriarty, Reg. No. 40,733, Kewin L. Russe1l, Reg. No. 38,292, Bruce W. DeKock, Reg. No. 40,585, and Timobhy A- Long, Reg. No. 28,876, all of the firm of CHERNOFF, VIL}IAUER, MeCLUNG & STENZEL, t.Tr.P., 1600 ODS Tower, 601 S.w. Second Avenue, Portland, Oregon 97204, tel_ephone No. {503) 227-563\, my attorneys, jointly and individually, to prosecute Ehj.s applicaLi-on and to transact. all business'in the paEent and Trademark Office connected therewith. I hereby decl-are that all statemenLs made Lrerein of my own knowledge are brue and that al-l staLemenEs made on information and belief are believed to be true; and furtlrer LhaL these statements were made wiEh the knowledge that willful fal_se statements and the }ike so made are punishable by fine or imprisonment., or both, under Secbion 1001_ of Title 1"8 of the United States Code and Lhat such wil_IfuI false statements marr jeopardize the walidity of the application or any patent issued Lhereon.
Dated: Full name o Residence

.l
inventor

Citizenship Post Office Address
Dat.ed:

Bruce W. DeKock Portland, Oregon

;L

Residence

FulI

-l t 7/oo name of

u. s. A. BBso s.w. ?1" Place Oregon 9J223

Lnventor

Citizenship Post Office Address

vin L. Russel Po:e.tland, Oregon U. S.A. 'tii;;'it,2910 SW Collins Court ..u., l,Psvlland, Oregon 97219

Exhibit Page 67 of 1 39
Dockets.Justia.com

.Full name of-Jrt-f
Residence

Dated:

i'

:j:i; ji::'ii ::1;

t invent.or

Citizenship Post Office Address

{J+.A,. CHtat\. 2844 N. W. 44'n

Camas, Wastrington
Awe
.

Camas, WashingLon 99607

Exhibit F Page 68 of 139

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PAIENT APPLTCATION SERIAL NO.

U.S. DEPARTMENT OF COMMERCE PAIENT AND TRADEMARK OFFICE FEE RECORD SHEET

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Exhibit F Page 69 of 139

Application or Docket Number

PATENT APPLICATION FEE DETERMTNATION RECORD
Effeciive January 1, 2003

CLAIMS AS FILED . PART I
1

SMALLENTITY

WPE
RATE
SASIC FEE

OR
FEE $375

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SIGNATURE OF APPLICANT. ATTORNEY OR AGENT Firm or Individual Name Signature
Kevin L. Russell of Chernoff Vilhauer McClung & Stenzel, LLP

Date

April 29, 2003

tu

CERTlFICATE OF MAILING
I hereby certify that, on the date shown below, this conespondence is being deposited with the United States Postal Service in an envelope addressed to: Assistant Commissioner for Patents, Washington, D.C., 20231 with sufficient postage as first class mail

I D

as "Express Mail Post Office to Addressee" - maiting label no. Kevin L. Russell

Type or print name Signature

z//---

Date

April 29, 2003

72

Exhibit F Page 72 of 139

ATTORNEY DOCKET NO. 7I 16.0006

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT APPLICATION EXAMINING OPERATIONS

Applicant:
Serial No:

Bruce W. DeKock

Group Art Unit:

101367,162
February 13,2003
S

Examiner:

RP'^-rr r-.

Filed:

,;1"!rvEp

cndl,,J,iloo

Title:

Y S TEI\.{ FOR PRO\./IDING TP.AF FI C I}.IF ORI"{ATI Oi.i

PRELIMINARY AMENDMENT

Chernoff Vilhauer McClung & Stenzel, LLP i600 ODS Tower 601 SW Second Avenue Portland" OR 97204-3157

April29,2A03
Commissioner for Patents P.O. Box 1450 Alexandria, VA 223 13-1450
Dear Sir:

Preliminary to examination, please amend the above-identified patent application
as

follows:

73
-1-

Exhibit F Page 73 of 1 39

ATTORNEY DOCKET NO.

7I

16.0006

Claims Amendment

In the Claims:
Please cancel claims

l-38, without prejudice. Please add the following new claims:

39. (a)

A system for providing traffic information to a plurality of mobile users

connected to a network, comprising:
a

plurality of mobile user stdtions, each mobile user station being

associated with a display, and a communicating device to allow each said mobile user stations to send and receive signals;

of

(b)

a computer system interconnected

with another communicating device and of sending and receiving

a network, said computer system being capable

signals to and from said mobile user stations;

(c)

said computer system including a traffic information database, said traffic

information database containing data representative of traffic at a plurality of locations;

(d)

at least one of said mobile user stations providing a request to said

computer system for traffrc infonnation together with a signal associated

with a respective geographic location of said one of said mobile user.
stations, and in response thereto, said computer system updating said

traffic information database based on said geographic location of said one
of said mobile user-stations and providing to said one of said mobile user
stations information representative of selected portions of said traffic

74
a

Exhibit F Page 74 of 139

ATTORNEY DOCKET NO. 7I I 6.0006

information database based on said respective geographic location of said
one of said mobile user stations; and

(e)

said one of said mobile user stations displaying graphically on said display

information representative of selected portions of said traffic information
database.

4A-

The system of claim 39 wherein said computer system updates said traffic

information database based on data derived from a plurality of traffrc monitors.

41.

The system of claim 40 wherein said computer system compares data from

said mobile user stations with said data derived from said traffic monitors before updating said

traffi c information database.

42.

The system of claim 39 wherein said at least one of said mobile user

stations is a cellular phone.

43.
a memory capable

The system of claim 39 wherein said mobile user station further comprises

of storing a map database.

44.

The system of claim 43 wherein said mobile user station displays a

selected portion of said map database.

75
-3-

Exhibit F Page 75 of 139

AT'TORNEY DOCKETNO. 7I I6.0006

45-

The system of claim 39 wherein each said mobile user station provides

longitude and latitude information to said computer system.

46.

The system of claim 39 wherein said location of said one of said mobile

user stations is displayed graphically.

47.

The system of claim 39 wherein said computer system screens data

provided by said mobile user stations to determine whether said data corresponds to actual traffrc conditions.

48.

The system of claim 39 wherein said computer system further comprises a

map database, and said computer system compares said signal associated with said respective geographic location of said one of said mobile user stations with said map database before

updating said traffic information database.

49' (a)

A system for providing traffic information to a plurality of mobile users

connected to a network, comprising:
a

plurality of mobile user stations, each mobile user station being

associated with a display, and a communicating device to allow each
said mobile user stations to send and receive signals;

of

(b)

a computer system interconnected
a

with another communicating device and

network, said computer system being capable of sending and receiving

signals to and from said mobile user stations;

76
-4-

Exhibit F Page 76 of 139

ATTORNEY DOCKET NO. 7I 16.0006

(c)

said computer system including a map database and a tra.f;fic information database, said traffic information database containing data representative

of traffic at a plurality of locations;

(d)

at least one of said mobile user stations providing a signal associated with
a respective geographic

location of said one of said mobile user stations,

and in response thereto, said computer system updating said traffrc

information database base<i on said geographic location of said one of said
rnobile user stations: and

(e)

said computer system comparing said signal associated with said

respective geographic location of said one of said'mobile user stations

with said map database before updating said traffic information database.

50.

The system of claim 49 wherein said at least one of said mobile user

stations is a cellular phone.

51.

The system of claim 49 wherein said computer system provides to said one

of said mobile user stations information representative of selected portions of said traffrc information database based on said respective geographic location of said one of said mobile user
stations.

52.

The system of claim 49 wherein said mobile user station comprises a

display, and said one of said mobile user stations displays graphically on said display information

77
-5-

Exhibit F Page 77 of 139

ATTORNEY DOCKET NO, 7I I 6.0006

representative of selected portions of said traffic information database.

53.

The system of claim 49 wherein said computer system updates said traffrc

information database based on data derived from a plurality of traffic monitors.

54.
a memory capabie

The system of claim 49 wherein said mobile user station further comprises
a map ciatabase.

oisioring

55.

The system of claim 54 wherein said mobile user station displays a

selected portion of said map database and a selected portion of said traffrc information database.

56-

The system of claim 49 wherein each said mobile user station provides

longitude and latitude information to said computer system.

57

.

The system of claim 49 wherein said location of said one of said mobile

user stations is displayed graphically.

58-

The system of claim 49 wherein said computer system screens data

provided by said mobile user stations to determine whether said data corresponds to actual traffic conditions.

78
-6-

Exhibit F Page 78 of 139

ATTORNEY DOCK.ETNO, 7I I6.0006

REMARKS
Prior to examination, please consider the new claims.

Respectfu

lly submitted,

Kevin L. Russell Reg. No.38,297 Attomeys for Applicant Telephone: [phone]

CE]RTIFICATE OF MAILING I hereby certifu that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Mail Stop Patent Application, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450 on April 29,2003.

Dated: A8i129.2003
Kevin L. Russell

Q:Ueil2\KLR\DeKck\0006

Cortl,Prelin. Ametd .wpd

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-

79

Exhibit F Page 79 of 1 39

L.
Ururep Srargs

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PATEN"T

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AND TirADgr.{ARK

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Addrsr: COMMISSI{)NER OF PATENTS.AND TtulDEtvlARX5 90. bx l{50

Unitcd Stli@r Ptrbrt nnd Trndcmrrh Ofticc
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UNITED STATE.S DEPANTMENT OF COIII}IEACE

*

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APPLtcAl loN

NUMBER I

FtLrNc/REcEtpr

DATE

I

uvED AppLrcANT

I

ATToRNEv DocKET NUMBER

t0/36't,t62

02/t3/2003

Bruce W. DeKock

KLR 7r r6.0006

04152 CHERNOFF, VILHAUER, MCCLUNG & STENZEL 1600 ODS TOWER 601 SWSECONDAVENUE PORTLAND, OR 97204.3157

CONFIRMATION NO.3O15 FORMALITIES LETTER
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Date Mailed; A5n3l20A3

NOTICE TO FILE CORRECTED APPLICATION PAPERS

Filing Date Granted
An application number and filing date have been accorded to this application. The application is informal since it does not comply with the regulations for the reason(s) indicated below. Applicant is given TWO MONTHS from the date of this Notice within which to correct the informalities indicated below. Extensions of time may be obtained by filing a petition accompanied by the extension fee under the provisions of 37 CFR 1.136(a). The required item(s) identified below must be timely submitted to avoid abandonment:

r

Replacement claim(s) commencing on a separate sheet in compliance with 37 CFR 1.75(h) and 1.121 is reouired.

A copy of this notice MUST

be returned with lhe reply.

<.?.
Custo'rer Service

CenteT
1202

lnitial Patent Examinarion Division (703) i08-

PART3 -OFFICECOPY

80

Exhibit F Page 80 of 139

,r{r
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t' *'= . ;r TRRNSMTTTAL lv
Application Number Filing Date First Nam d lnventor
Group Art Unit Examiner Name Total Number of Pages in this Submission Attorney Docket Number

Form PTOISB/21

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2/ /

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101367J62 February 13, 2003 Bruce W. DeKock, et. al.
3661

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f %nr.^-..^, Vfie

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FORM
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used

for alt correspondence aftet initial

KLR:7116.0006

ENCLOSURES (check all that apply)

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Assignment Papers
(for an application) Drawings Licensing-related Papers Petition Routing Slip (PTO/S8169) and Accompanying Petition

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Petition To Convert to a Provisional Application Power of Altorney, Revocation, Change of Correspondence Address

Proprietarylnformation

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Certified Copy of Priority Document(s)

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Additional Enctdsure(s)
(please ictentify below)

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Terminal Disclaimer Small Entity Statement Requestfor Refund

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Response to Missing Part(s/ Incomplete Application

I

form PTO-1449; 17 US patents; duplicate copy of this transmittal form for deposit account authorization if required; and a return, acknowledgment postcard.

R"rponru to Missing Parts
under 37 CFR '1.52 or 1.53

Remarks: The Commissioner is authorized to charge any additional fees, or credit any over paymeni, to deposit account 03-1550. A duplicate copy of this transmittal form is enclosed for use, if required, of deposit account 03-1550 as stated herein.

SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT
Firm or Individual Name Kevin L. Russell, Esq. Chernoff, Vilhauer, McClung & Stenzel, LLP 601 SW Second Avenue Po rtland, Oregon 97 204-31 57

RECElVE
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Signature Date

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CERTIFICATE OF MAILING

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I hereby certify that this correspondence is being deposited with the United Stiates Postal Service as firsl class mail in an envelope addressed to: Commissioner for Patent$, Washington, D.C.20231 on this date.

Type or print

name

I Kevin L. Russell

Sisnature |

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Q:\Bonnie Dillon\KLR\DeKOCK\IDS transmitlal form for .0006.wod

Exhibit F Page 81 of 139

IN THE UNITED STATES

PATENT AND TRADEMARK OFFICE

PATENT APPLICATION EXAMINING OPERATIONS

Applicant : Bruce W. DeKock, et
Serj.al No. : j'01367,162
l,'aIed
IILAE

ql

Group Art UniE: 3551

Examiner
2003

,

February 13,

SYSTEM FOR PROVIDING TRAFFIC INFORMATION

INFORMATION DI SCLOSURE STATEMENT IN ACCORDANCE W]TH 37 CFR 51.98

May 16,

Portland, Oregon
2OO3

f600 ODS Tower 501 S.W. Second Avenue
97204-3157

Mail Stop
P.O. Box

DD

Commissioner for Patents
223a3 -t_450

RECEIVED
MAY

1450 Alexandria, VA.

22

2003

GROUP 3600

Dear Srr:

ApplicanLs submit herewiLh one (1) sheet of Form PTO-144g (Modified) listing Ehe patenEs and publicaEions of which they are aware and which Lhey desire Eo have considered by the Patent Office in accordance wi-th 3? CFR 51.97. In accordance with 37 CFR S1.97(b) (3), this InformaEion Disclosure Statement is

82

Exhibit F Page 82 of 1 39

being submitted before the mailing date of the first Office Acti-on on the merits of the above-identified appl-ication. ' In accordance with 37 CFR 51.97 (h) , the filing of this fnformation Disclosure Statement will not be regarded as an admission chat any patent or publication or combination of patents referred Lo herein is, or is considered to be, material Lo patentability under 37 CFR S1.55(b) unfess specifically designaLed as such. A IisL of the paeents and publicaEions enclosdd herewith is set forth on Lhe attached Form PTO-1449 (Modified). The person making this statement is the aLLorney who si-gns below on t.he basis of t.he information supplied by che inventor and t.he information in his fi-]e.
Respect

fully submiLted,

i:vin L. Russell AtLorney for Applicant
Tel-

:

(503

)

22'l -563L

CERTIFICATE OF MAILING

f hereby certify that this correspondence is being deposiLed with the Uni-ted States PosLal Service as First Cl-ass Mail in an envelope addressed to: Mail Stop DD, Commissi-oner fo; Pat.ents, P. O. Box 1450, Alexandria, VA. 22313-1450 on May ((/,
2003.

Datedrl
0:

,
or

,

/./t.-

Kevin L. Russell

// //.4 -.-'

\Bornie

Di llon\KtR\DeKOCK\ rDS f

7116 . 0006 -*pd

83

Exhibit F Page 83 of 139

FORM PTO-1449 (Modified)

ATTY. DOCKETNO.
KLR:7116.0006

SERIAL NO.

t01367,t62

LIST OF PATENTS AND PUBLICATIONS APPLICANT'S INFORMATION D STATEMENT
(Use several sheets

i

APPLICANT

,DeKock, et. al.
FILING DATE
February 13, 2003
REFERENCF DF^SICN U.S. PATENT DOCUMENTS N

if

necessarv

GROUP

3661

s,soq Alz
5.673,039

lqn l4 lQaT
Pietzsch, et. al June 30, 1998

Smith, Jr., et. al. Albrecht, et- al.

Nov. 16, 1999

FOREIGN PATENTS

TRANSLATION DOCUMENT NUMBER BA DATE
COUNTRY CLASS SUBCLASS YES NO

OTHER ART (lncluding Author, Title, Date, Pertinent Pages, Etc.) CA

EXAMINER

DATE CONSIDERED

EXAMINER; Initial if reference considered, whether or not citation is in conformance with MPEP 609; Draw line through citation if not in conformance and not considered. Include copy ofthis form with next communication to applicant. lnfnmation f)isr :loqrrc Statement -PTO- 1449 (Modified ) ed

84
Q:\Bonnie DilIon\KIR\DeKOCK\Form 1449 fot 0005.wpd

Exhibit F Page 84 of 139

f'*;t
,=S-[
TRANSMITTAL FORM
(to be used for at| conespondence after initial titing)

*60
7116.0006
ENCLOSURES (check all that

El
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Fee transmittal

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reeattachedform

Assignment Papers (for an application)

Affer Allowance Gommunication to Group Appeal Communication to Boatd of Appeals and Interferences

Amendment

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Extension of Time Request Express Abandonment Request Information Disclosure Statement Gerli{ied copy of Priority Documents Response to Missing Partsl lncomplete Apptication Response to Missing Parts Under 37 CFR 1.52 or 1.53

D

Licensing Related Papers Petition Routing Slip (PTo/SBi69) and Accompanying Petition
Petition to Convert to a Provisional Application Power of Aftorney, Revocation, of Conespondence Address

Communication to Group
(Appeal Notice, Brief, Reply Btief)

E

Proprietary Information Stalus Letter Additional Enclosures

E E
E

Terminal Disclaimer
Smatl Entity Statement Request for Refund

check in lhe arnount of $18:

E

D

Kevin L. Russell of Chernoff Vilhauer McClung & Stenzel, LLP

CERTIF]CATE OF MAILING
I hereby certify that, on the date shown below, this correspondence is being deposited with the United States Postal Service in an envilope addressed to: Mail Stop Fee Amendment, Commissioner for Patents, P.O. Box 1450, Alexandria,VA ?2313'1450.

S E

with sufflcient postage as first class mail as "Express Mail Post Omce to Addressee'- mailing label no, Kevin L. Russell

Type or print name Signature

/L-----

Date

June 17, 2003

85

Exhibit F Page 85 of 139

TRANSMITTAL for FY 2003
fees are subject to annual revision.
clairns small entity status. See 37CFR 1.27

METHOD OF PAYMENT (check all that apply)

El cnecr D!'eooit

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Number
De9osit Account

Naine
Commissioner is authorizeC to:(check all thal apply)

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applrcauon

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Charge any fee(s) ind'cated belo'v, ercept tor ths fillng lee to the above-identifteddeoositaccounl.

805 840'

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1251 11012251 55Extensionlorreplywithinfitsttnonlh 1252 410|.2252 205 Extension fcr rePly within second rnonth 1253 93012253 465 Extension for reply within third monlh
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1255 1,970l|2255 985
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Large Entity lsmall

Entity

Fee

Description

Fee Paid

1001 1002 1003 1004 1005

750 12001 37s 330 12002 165 520 12003 260 750 t2004 375 160 12005

Utitity filing fee

Designfilingfee Plantfilingfee
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1401 320|,2401 160 NoticeotAppeat 1402 32012402 160 FilingabrietinsupportolanapPeal 1403 2SOI24O3 140 Requestfotoral hearing
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Fe from

ctaims 61-zo" =l-l*[-Te'|=

rdep.craims
lultiple

Dependent

Fl-". l-'il'EE=
=

50 Proce$ing lee undet 40 375 375

37 CFR'1.1(q)

I

l=

180 Submission ot Information Disdosure Strnt.
Recording each patenl assignmont per property (times numbef ot propetlies) Filing a submission after final rejeclion (37 C.F'R. 1'r29(a)) For each additional invenlion to be examined (37

Claims in excess of 20

hdependent claims in excess of 3

0 1801 75012801 1802 90011802 I

cFR 1.12e(b)

1203 280 12203 140 Multipledependentclaim,ifnotpaid

375 RequestforContinuedExamination(RcE) 900 Roqueslfoto{peditedexaminationotadesign
applicafi'on

1204 84 12204

42

-Reissueindapendentdaimsovet

1205 18 12205 9'Reissuedaimsinexcessof20andover
original patent

suBrorAl(2) t-.-5T6.l
"or number of
Drcviouslv Daid. it orcaEr. For reissues. see aDoye.

Reduced by Basic Filing Fee Paid

86

Exhibit F Page 86 of 1 39

I Jc) ,l

.s(
Applicant:
Serial No:

\

s

ATTORNEY DOCKET NO. 7I 16.0006

IN THE T]NITED STATES PATENT AND TRADEMARK OFFICE
PATENT APPLICATION EXAMINING OPERATIONS

Filed:

Title:

1y000
AMENDMENT
Chernoff Vilhauer McClung & Stenzel, LLP 1600 ODS Tower 601 SWsecondAvenue Portland. OR 97204-31 57

June 17,2003

Commissioner for Patents
P.O. Box 1450

Alexandria, V A 22313-145A
Dear Sir:
Please amend the above-identified patent application as follows:

,,H*,,ffi1ffi?lpffilu,*,* *
0t/Etl?003

tflurlJt 00006tt

r0l67t6a
tC.00 tp

0l

Ftrtl

writ?f,,} ES|IIJE 000000s 1036?te
0l

Ftr??0p

tt.00 D

05/e4la003 01

HRLIII

00000041 1036?t6e

F[e1?0?

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-tc.

{p

-l-

87

Exhibit F Page 87 of 1 39

ATTORNEY DOCKET NO. 7I I6.0006

Claims Amendment

InJhe Claims:
Please add the

following new claims: claim 60 and 61.

CLAIMS

39.

A system for providing traffic information to a plurality of mobile users connected to a

network, comprising:

(a)

a

plurality of mobile user stations, each mobile user station being associated with a

display, and a communicating device to allow each of said mobile user stations to
send and receive signals;

(b)

a computer system interconnected with another communicating device and a network,

said computer system being capable of sending and receiving signals to and from said

mobile user stations;

(c)

said computer system including a traffic information database, said traffic

information database containing data representative of trafhc at a plurality of
locations;

(d)

at least one of said mobile user stations providing a request to said computer system

for trafftc information together with a signal associated with

a

respective geographic

location of said one of said mobile user stations, and in response thereto, said computer system updating said traffrc information database based on said geographic location of said one of said mobile user stations and providing to said one of said

mobile user stations information representative of selected portions of said ffaffrc

-2-

88

Exhibit F Page 88 of 139

'

ATTORNEY DOCKET NO. 7I 16.0006

information database based on said respective geographic location of said one of said mobile user stations; and

(e)

said one of said mobile user stations displaying graphically on said display

information representative of selected portions of said traffic information database.

40.

The system of claim 39 wherein said computer system updates said traffic

information database based on data derived from a plurality of traffic monitors.

41.

The system of claim 40 wherein said computer system compares data from said

mobile user stations with said data derived from said traffrc monitors before updating said traffic information database.

42.
cellular phone.

The system of claim 39 wherein said at least one of said mobile user stations is a

43.

The system of claim 39 wherein said mobile user station further comprises a memory

capable of storing a map database.

44.
said map database.

The system of claim 43 wherein said mobile user station displays a selected portion of

45.

The system of claim 39 wherein each said mobile user station provides longitude and

latitude information to said computer system.

-3-

89

Exhibit F Page 89 of 139

ATTORNEY DOCKIT NO.

7I

16,0006

46.

The system of claim 39 wherein said location of said one of said mobile user stations

is displayed graphically.

47

-

The system of claim 39 wherein said computer system screens data provided by said

mobile user stations to determine whether said data corresponds to actual traffic conditions.

48.

The system of claim 39 wherein said computer system further comprises a map

database, and said computer system compares said signal associated with said respective geographic

location of said one of said mobile user stations with said map database before updating said traffic

information database.

49,
a network, comprising:

A system for providing traffic information to a plurality of mobile users connected to

(a)

a

plurality of mobile user stations, each mobile user station being associated with a

display, and a communicating device to allow each of said mobile user stations to
send and receive signals;

(b)

a computer system interconnected

with another communicating device and a network,

said computer system being capable of sending and receiving signals to and from said

mobile user stations;

(c)

said computer system including a map database and a traffic information database, said traffic information database containing data representative of traffrc at a plurality

of locations;

-4-

90

Exhibit F Page g0 of 139

ATTORNEY DOCKET NO, 7I 16.0006

(d)

at least one of said mobile user stations providing a signal associated with a respective geographic location of said one of said mobile user stations, and in response thereto, said computer system updating said trafhc information database
based on said geographic location of said one

of said mobile user stations; and

(e)

said computer system comparing said signal associated with said respective

geographic location of said one of said mobile user stations with said map database
before updating said traffic information database.

50.
cellular phone.

The system of claim 49 wherein said at least one of said mobile user stations is a

51.

The system of claim 49 wherein said computer system provides to said one of said

mobile user stations information representative of selected portions of said traffic information database
based on said respective geographic location of said one of said mobile user stations.

52.

The system of claim 49 wherein said mobile user station comprises a display, and

said one of said mobile user stations displays graphically on said display information representative
selected portions

of

of said traffic information database.

53.

The system of claim 49 wherein said computer system updates said traffrc

information database based on data derived fiom a plurality of traffic monitors.

-5-

91

Exhibit F Page 91 of 139

ATTORNEY DOCKET NO. 7t 16.0006

54.

The system of claim 49 wherein said mobile user station further comprises a memory

capable of storing a map database.

55.

The system of claim 54 wherein said mobile user station displays a selected portion of

said map database and a selected portion of said traffrc information database.

56.

The system of claim 49 wherein each said mobile user station provides longitude and

latitude information to said computer

ryrt"-.

57.

The system of claim 49 wherein said location of said one of said mobile user stations

is displayed graphieally.

58'

The system of claim 49 wherein said computer system screens data provided by said

mobile user stations to determine whether said data corresponds to actual traflic conditions.

59'
a network, comprising:

A system for providing traffrc information to a plurality of mobile users connected to

(a)

a

plurality of traffic monitors, each said traffrc monitor comprising at least a

detector and a transmitter, said detector providing a signal including data representative of vehicular movement and said transmitter transmittins said signals;

(b) (c)

a receiver that receives said signals transmitted by said a computer system interconnected

traffrc monitors;

with said receiver and said network;

-6-

92

Exhibit F Page 92 of 139

ATTORNEY DOCKET NO- 7I 15.0006

(d) (e) (0

a

mobile user station connected to a grobal positioning system receiver, a

display, and a cornrnunicating device;
said computer system providing to said one of said mobile user stations tmffic

information representative of said signals transmitted by said traffic monitors;
said traffic information transmitted by said computer system is displayed

graphically on said display.

60. ( new

claim) A

system for providing traffic information to a plurality of mobile users

connected to a network, comprising:

(a)

a

plurality of traffic monitors, each said traffrc monitor comprising at least a

detector and a transmitter, said detector providing a signal including data representative of vehicular movement and said transmitter transmittine said signals;

(b) (c) (d) (e) (D (g)

a receiver that receives said signals transmitted by said a computer system interconnected

traffic monitors;

with said receiver and said network;

a mobile user station includes a display, and a receiving device;

said computer system providing to said one of said mobile user stations traffrc

information representative of said signals transmitted by said traffic monitors;
said traffic information transmitted by said computer system

is displayed

graphically on said display; and wherein less than all available traffic information is displayed by said display.

-7-

93

Exhibit F Page 93 of 139

AfiORNEY DOCKET NO. 7I 16,0006

61. (new

claim). A

system for providing traffrc information to a plurality of mobile users

connected to a network, comprising:

(a)

a

plurality of traffic monitors, each said traffic monitor comprising at least a

detector and a transmitter, said detector providing a signal including data representative of vehicular movement and said transmitter transmitting said signals;

(b) (c) (d)
(e)

a receiver that receives said signals transmitted by said traffrc monitors;
a computer system interconnected

with said receiver and said network;

a mobile user station includes a display, and a receiving device;

said computer system providing to said one of said mobile user stations traffrc

information representative of said signals transmitted by said traffrc monitors;

(0

said traffic information transmitted by said computer system is displayed

graphically on said display; and (e)
wherein the displayed traffic information geographically encompasses the current geographic position of said mobile user station.

-8-

94

Exhibit F Page 94 of 1 39

ATTORNEY DOCKET NO. 7I 16.0006

REMARKS
The claims cornmence on a separate sheet in compliance with 37 CFR 1.75 (h) and
1

.21

.

Claim No. 39, added by the Amendment of June

17

, 20A3 is included. Two new claims have been

added, Claims 40 and 41.

The Examiner is asked to consider the application with the additional claims, and
pass this application to issue

Respectfu

lly submitted,

El-tn-r. nurr"tt
Reg. No. 38,292

Attomeys for Applicant Telephone:, (503) 227 -563 |

CERTIFICATE OF MAII,ING
I hereby certifu that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Mail Stop Fee Amendment, Commissioner for Patents, P.O. Box 1450, Alexandria, V A 22313-1450 June 23,20A3.

Dated: June 23.2003
Kevin L. Russell

Q:Ucm2\KLR\DeKmk\0006 Cont\Amend 02 add new claims .wDd

-9-

95

Exhibit F Page 95 of 1 39

ATTORNEY DOCKET NO.

7

I rc.AOO6

,ot

tuss

IN TI{E UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION EXAMINING OPERATIONS

Applicant:
Serial No:

Bruce W. DeKock

Group Art Unit: Examiner:

ra/367,t62
February 13,2003

Filed:

Title:

SYSTEM FOR PROVIDING TRAFFIC INFORMATION

AMENDMENT
Chernoff Vilhauer McClung 1600 ODS Tower 601 SWSecondAvenue
Portland.
June 23, 2003

&

Stenzel, LLP

OR

97204-31 57

Commissioner for Patents P.O. Box 1450 Alexandria, V A 2231 3-1450 Dear Sir:

In response to NOTICE TO FILE CORRECTED APPLICATION PAPERS, repiacement claims commencing on a separate sheet in compliance with 37 CFR 1.75 AND 1.121 are submitted herewith.
Please add new claims 60 and

6l

to the above-identified patent application as follows:
0000001c

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Et' I
t'oi":7t?0t)3 cl.lBuYill 00000085

of/z?la0$ UUnl'IE
oe

t0Sil6e

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lt'oo lP
0000001t 1036716e

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103[?1t? 1r 0uglno$ tt

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il;r.Egs 08 F[r??0t
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0000ti0ts i0i6ti6e

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o

F -l96

Exhibit F Page 96 of 139

ATTORNEY DOCKET NO, 7I 16.0006

Claims Amendment

In the Claims:
Please add the following new claim:

59. A system for providing traffrc information to a plurality of mobile users
connected to a network, comprising:

(a)

a plurality of traffic monitors, each said traffrc monitor comprising at

least a detector and a transmitter, said detector providing a signal

including data representative of vehicular movement and said fansmitter

. '

tmnsmitting said signals;

(b)

a receiver that receives said signals transmitted by said

traffic

monitors: and

(c) (d)

a computer system interconnected with said receiver and said network;
a mobile user station connected to a global

positioning system receiver,

a display; and a communicating device; and

(e)

said computer system providing to said one of said mobile user stations

traffic information representative of said signals transmitted by said traffic monitors; and

(0

said traffic information transmitted by said computer system is

displayed graphically on said display.

-2-

97

Exhibit F Page 97 of 139

ATTORNEY DOCKETNO. 7I 16.0006

REMARKS
Please consider the new claim..

Respectfully submitted,

Kevin L. Russell Reg. No. 38,292 Attorneys for Applicant Telephone: [phone]

CERTIFICATE OF MAILING I hereby certifu that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Mail Stop Fee Amendment, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450 June I7,20A3.

Dated: June 17.2003
Kevin L. Russell

Q:Um2\KLR\DeKock\0006

Cort\Ammd

add new claim .wpd

-3-

98

Exhibit F Page 98 of 1 39

UNrso Srarss Perer.rrANp

TnapeMARK Onnce
UNTTED STATES DEPARTMENT OF COMMERCE Uoltcd Stst6 Palcrl eDd Tndcmrk Ofiicc nddw COMMISSIONER FOR PATENTS
PO-

w.spo.8ov
APPLICATION

AlssdilA

Bs

1450

vi'8iDis

rul3J450

NO. I

FILING DATE

FIRSTNAMEDTIWENToR llrronrqevpocKETNo. I
BruccW- DcKock

CoNFIRMATIoNNo.
3015

t0t367,t62
t52

0at3n0a3
$n5nao4

7l t6.0006
E GMINER

CHERNOFF, VILHAUE& MCCLUNG & STENZEL
1600

MARCCOLEMAN, MARIIIEY ART

ODs TowER

60I SW SECOND AVENIJE
PORTLAND,

T'NIT

I

PAPERNTJMBER

OR

97204-3t57

3661

DATE MAILED:03nsn0W

Please find below and/or attached an Office communication concerning this application or proceeding.

99
PTG9OC (Rev. l0/03)

Exhibit F Page 99 of 139

Appllcatlon No.
10/367,162

Applcant(8,
DEKOCK ET

AL.
-

Office Action Summary

AT

Eramlner
Marthe Y Marc-Coleman

Art Unlt
3661

Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE THE MAILING DATE OF THIS COMMUNICATION.

-

The MAILING DATE of thls communlcafon appears on the cover

sh*twith

the eonespondence address

!

MONTH(S} FROM

-

Exlensionsoftimemayboavailableundertheprovisionsof3TCFRl.l36(a). anE SIX (6) MONTHS from ths mailing date of this communication.

Innoewnt.however,mayareplyblimelyfilod

lf tha priod tor repty spcifiod abov is less than thirty {30) days, a reply within the statulory minimum ot thirty (30) days will bo considetBd limely. tt NO psriod for repfy is spcifid abow, the maimum statulory period wi|l apply and will expko SIX (8) MONTHS trom the mailing dats of thig communicationFailure to reply within the set or oxtondd priod tor reply will, by stialute, causs the application to becotne ABANDONED (35 U.S.C. $ 133). Any reply received by th Office later than thre monlhs atter the mailing date ol this communication, oven if timely filed. may reduco any eamed patenl term adjuslment. See 37 CFR 1.70a(b).

Status

1)[f
2a)n 3)D

Responsive to communication(s) filed on 13 Februay 2003. This action is

FINAL.

2b)X This action is non-final.

Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex pafte Quayle, 1935 C.D. 11, 453 O.G. 213.

Disposition of Claims

4)X

Claim(s) 39-6t is/are pending in the application. 4a) Of the above

claim(s)

is/are withdrawn from consideration.

5)f]
O)X

Claim(s) ctaim(s)
Ctaim(s)

_

is/are allowed. is/are objected to. are subject to restriction and/or election requirement.

Ctaim(s) 39-6f is/are rejected.

7)fl 8)fl
g)fl
10)fl

Application

Papers -

The specification is objected to by the Examiner. The drawing(s) filed

on

is/are: a)n accepted or b)l objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85{a). Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).

11)fJ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. Priority under 35 U.S.C. S 119

t2)[

Acknowledgment is made of a claim for foreign priority under 35 U.S.C. $ 119(a)-(d) or (f).

a)U

All b)l Some'c)[ None of:
Certified copies of the priority documents have been received. Gertitied copies of the priority documents have been received in Application Copies of the certified copies of the priority documents have been received in this National Stage

1.D

2.fl 3.[
'

No..-.

application from the International Bureau (PCT Rule 17.2(a)).
See the attached detailed Office action for a list of the certified copies not received.

Attachmsnt(s)

[l [ ii E
t)
z1

notice of References Gited

(PTO{92)

t'totice of Draffsperson's Patent Dtawing Review Paper No(syM ail r,ate
arfr

'^r"-*;

;J;;;;;

g2va3

sbremenr(s) (pro-144e

(PTo-948) o, piorserosl

n s) n 6) [
l)

Intervie* Summary (PTG413)
Paper No(syMail Date' Otner:

'

ruotice or lnformal PatentApplication

-

{PTo-152) 100

PTOL-326 (Rev. 1-04)

Oflics Action Summary

-.

Part of Paper No.lMail Dale 2!04O417

Exhibit F Page 100 of 139

Application/Control Number: 101367,162

Page 2

Art Unit:3661
DETAILED ACTION
1

.

This office action is in response to Application Serial No. 1 01367,162 filed on

February 13, 2003.

Double PatentinE

2.

The nonstatutory double patenting rejection is based on a judicially created

doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See ln re Goodman,ll F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi,759 F.2d 887,225 USPO 645 (Fed. Cir. 1985); ln re Van Ornum,686 F.2d 937,214 USPQ 761 (CCPA 1982); ln re Vogel,422 F.2d 438, 164 USPQ 619 (CCPA 1970);and, ln re Thorington,
418 F.2d 528, 163 USPQ 644 (CCPA 1969).

A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be
used to overcome an actual or provisional rejection based on a nonstatutory double

patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a

terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).

101

Exhibit F Page 101 of 139

Application/Control Number: 101367,162

Page 3

Art Unit: 3661

3.

Claims 39-58 and claims 59-61 are rejected under the judicially created doctrine

of obviousness-type double patenting as being unpatentable over claims 25-38 and cfaims 1-2 of U.S. Patent No. 6,574,548. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the application encompass the claims of the patents because it is broader.
It is well settle that the omission of an element, and its function is an obvious

expedient if the remalning elements perform the same function as before. ln re

Karlson,136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu. 168 USPQ 375 (Bd.
App. 1969). Omission of a reference element of step whose function is not needed
would be obvious to one of ordinary skill in the art.

Conclusion

4.

Any inquiry concerning this communication or earlier communications from the

examiner should be directed to Marthe Y Marc-Coleman whose telephone number is (703) 3054970. The examiner can normally be reached on Monday-Thursday from 9:30 AM - 8:00 PM. lf attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William A Cuchllnskican be reached on [phone]. The fax phone
number for the organization where this application or proceeding is assigned is 703872-9306.

102 Exhibit F Page 102 of 139

Applicationl0ontrol Number: 101367,162
Art Unit 3661

Page 4

Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for

published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Etectronic Business Genter (EBC) at 866-217-9197 (toll-free).

nant/u' /'(tarc(Kewtn "Marthe
Y. Marc-Coleman

Patent Examiner ^

/

March 17,200/i

103

Exhibit F Page 103 of 139

ApplicatiorVConttol No.
101367,162

Applicant(s/Patent Under
Reexamination DEKOCK ET AL.

ffofice of References Cfted

Examiner Marthe Y Marc-Coleman
U.S. PATENT DOCUMENTS

Art Unit
3661

Page 1 ol

1

*
A
B

tlocument Number Counlry CodeNumbor{nd fu o

Date

MI,IYYYY

Name

Classification

us-6,466,862 us-6,151,550 us-6,574,548
US. US.

10-2002
I 1-2000

DeKock et al. Nakatani, Mitsuo DeKock et al.

701t117 701t117
7011117

c
D

06-2003

E
F

usUS.

G
H

usus-

J

usUS.

K
L M

us-

U9
FOREIGN PATENT DOCUMENTS
Document Number

*
N

uate
MM.YYYY

Contry Cod+Nurnbr-Kind Codo

Country

Name

Classification

o
P

o
R S

--T NON-PATENT DOCUMENTS
lnclude as applicable: Author, Title Dale, Publisher, Edition or Volume, Pertinent Pages)

copy of lhis reterence is not being fumished with this Otfic Dates in MM-YYYY format are pubtication dates_ Ctassifications m6y be US or toreign.
U-S. Pateot and TradetrB*

Ofte Notico of Reforoncos Cited
Part of Paper

144
No 20040417

PTO92 (Rev. 01-2001)

page 104 of 139

Exhibit F

rOrut PrO-t149 (Modilied)
LIST OF PATENTS AND PI.JBLICATIONS APPLICANTS TMORMATION STATEMENT
(Use several sheets

c\
1
}IAY

ATTY. DOCKETNO.
KLR:7116.0006
tr
,

SERIAL NO.

w367,t62

2B

?08

APPLICANT

DeKock, et. al.
FILING DATE Fcbruary 13,2003
GROIJP

if
U.S.

#

3661

DESIGNA

PATEM DOCUMENTS
FILINO DATE IF

EXAMINER

INITI^L

DOCUMENT NUMSER AA AB AC
5,402,t | 7

DATE

NAME

CLASS

suBcLAss

APPROPRJATE

,nY/n
t

Mar. 28, 1995

Ziidcrhrnd
Mandhvan. ct. al.

5J39,64s
.5,,594.it12

luly ?3,1996
fan. t4,1997
Sept. 10, 199? Junc 10, | 998

AD
AE AF

J,671,039

Pieusch, et. al. Smirh, Jr., et.

5,174,82'l
5,8 | 2,069

rl.

Scpt.22,1998
Dec.

AlbGchl. et. al.
Pctcrson Fastcnrath Joncs. cl. al. Fan, ct. al.

AC
AH

5,845,221 5,889.477
5,926. I I

l.

t998

Mar. 10, 1999

AI
AJ

l

lulv 20. t999
ScpL 2E, 1999 Nov. 9, 1 999

5,959,577

AK AL AM
AN AO
AP

s,9E2r98
5,987,3?4 5.987,3??
6, | 07.940 6,1 50.96r 6,1 5 t ,550

l:nmnbusch. ct. al.
Akutlu, cl. al.
Westcrla8cr ci. al.

Nov. 16,1999 Nov. 16, 1999 Aug. 22,20@ Nov.21,2000 Nov.21.2000 Oct. 15.2002

*, ku

:v-k:...."=
rAY.?-,z
:.
2

^^'rltr

trn
luJ

Grimm Alcwinc- el. al.
N&katani DcKock. et. al,

-_.-..G1

rfr' t\lvJ *

lAnI

mYfr

AO

us 6.466.862. Br

FORE]GN PATENTS

TRANSLATION
DOCUMENT NUMBER BA DATE COIJNTRY CLASS SUBCLASS
YES

NO

OTHER ART (lncluding Author, Title, Date, Pcrtincnt Pages, Etc.) CA

t*n"'*t*.fluoho.
EXAMINER:

DATE CONSIDERED

IJ /{lnn. A/r,o, r,n ) tnitial if refcrerff considered, whcther or not citation is in conformancc

3//7/0q
t449

with MPEP 609; Draw line through citation if not in
Statement

conformancc and nor consider&. f ncludc copy of this form with ncxl communication to applicant.

Q:\Eonnie Dillon\Kl,R\DcROCX\Fom !at9 lor 0006.rDd

105

Exhibit F Page 105 of 139

Search lVofes

Application No. 10t367,162 Examiner

Applicant(s) DEKOCK ETAL.

Art Unit
3661

I

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Marthe Y Marc-Coleman

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U.S. Patent and Trademark Office

Part ot Paoer No.

Exhibit F Page 106 of 1 39

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91

10t367,162 Applicant Filed Title TC/A.U. Examiner Docket No. Bruce W. DeKock February 13, 2003 SYSTEM FOR PROVIDING TRAFFIC INFORMATION 3015 Marc Coleman 7116.0006

Commissioner for Patents P.O. Box 1450 Alexandria V A 2231 3-1 45A AMENDMENT
Sir:

ln response to the outstanding Office Action dated March 25, 2AA4, please amend the above-identified application to include the enclosed Terminal Disclaimer along with required fees, and these remarks:

Amendments to the Specification are not reflected in this paper. Amendments to the Glaims begin on page 2 of this paper. Amendments to the Drawings are not reflected ln this paper. Remarks/Arguments begin on page 10 of this paper, and page 11 is a Terminal Disclaimer.
An Appendix is not included in this paper.

Page 1 of 10 107

Exhibit F Page 107 of 139

Appl. No.; Amdt. daled:
Reply dated:

10t367j62
March 25, 2004 March 29. 2004

AMENDMENTS TO THE CLAIMS This set of claims will replace all previous sets of claims for this application;

Claims 1-38 (canceled).

39

(original). A system for providing traffic information to a plurality of mobile users

connected to a network, comprising:

(a)

a

plurality of mobile user stations, each mobile user station being

associated with a display, and a communicating device to allow each said mobile user stations to send and receive signals;

of

(b)

a computer system interconnected a

with another communicating device and

network, said computer system being capable of sending and receiving

signals to and from said mobile user stations;

(c)

said computer system including a traffic information database, said traffic

information database containing data representative of traffic at a plurality of locations; (d)
at least one of said mobile user stations providing a request to said

computer system for traffic information together with a signal associated

with a respective geographic location of said one of said mobile user
stations, and in response thereto, said computer system updating said

traffic information database based on said geographic location of said one of said mobile user stations and providing to said one of said mobile user
stations information representative of selected portions of said traffic

information database based on said respective geographic location of said
one of said mobile user stations; and

'

(e)

said one of said mobile user stations displaying graphically on said display

information representative of selected portions of said traffic information
Page 2 of 10

108

Exhibit F Page 108 of 139

Appl.
Amdt. Reply

No.: dated: dated:

'101367,162

March 25. 2004 March 29, 2004

database.

40 (original). The system of claim 39 wherein said computer system updates said

traffic information database based on data derived from a plurality of traffic monitors.

4l (original).

The system of claim 40 wherein said computer system compares

data from said mobile user stations with said data derived from said trafhc monitors before

updating said traffic information database.

42. (original). The system of claim 39 wherein said at least one of said mobile
user stations is a cellular phone.

43 (original). The system of claim 39 wherein said mobile user station further
comprises a memory capable of storing a map database.

44 (original). The system of claim 43 wherein said mobile user station displays a
selected portion of said map database.

45 (original). The system of claim 39 wherein each said mobile user station provides longitude and latitude information to said computer system.

46 (original). The system of claim 39 wherein said location of said one of said

mobile user stations is displayed graphically.

47

(original). The system of claim

39 wherein said computer system screens data

provided by said mobile user stations to determine whether said data corresponds to actual traffic

Page 3 of 10

109

Exhibit F Page 109 of 139

'

Appl. No.:
Amdt. dated: Reply dated:

10R67J62
March 25,2004 March 29, 2004

conditions.

48 (original). The system of claim 39 wherein said computer system further
comprises a map database, and said computer system compares said signal associated with said respective geographic location of said one of said mobile user stations with said map database

before updating said traffic information database.

49 (original). A system for providing traffic information to a plurality of mobile
users connected to a network, comprising:

(a)

a

plurality of mobile user stations, each mobile user station being

associated with a display, and a communicating device to allow each said mobile user stations to send and receive signals;

of

(b)

a computer system interconnected

with another communicating device and of sending and receiving

a network, said computer system being capable

signals to and ffom said mobile user stations;

(c)

said computer system including a map database and a traffic information
database, said

traffic information database containing data representative

of traffic at a plurality of locations;
(d)
at least one of said mobile user stations providing a signal associated with
a respective geographic location

of said one of said mobile user stations,

and in response thereto, said computer system updating said traffic

information database based on said geographic location of said one of said
mobile user stations; and
(e) said computer system comparing said signal associated with said respective geographic location of said one of said mobile user stations

with said map database before updating said traffic information database.

Page 4 of 10

110

Exhibit F Page 110 of 139

Appt. Amdt. Reply

No.: dated: dated:
50

1A/367j62
March 25, 2004 March 29, 2004

(original). The system of claim 49 wherein said at least one of said mobile

user stations is a cellular phone.

5l (original).

The system of claim 49 wherein said computer system provides to

said one of said mobile user stations information representative of selected portions of said naffic

information database based on said respective geographic location of said one of said mobile user
stations.

52 (original). The system of claim 49 wherein said mobile user station comprises
a display, and said one

of said mobile user stations displays graphically on said display

information representative of selected portions of said traffrc information database.

53

(original). The system of claim 49 wherein

said computer system updates said

traffic information database based on data derived from a plurality of traffic monitors.

54

(original). The system of claim 49 wherein said mobile user station further

comprises a memory capable of storing a map database.

55

(original). The system of claim

54 wherein said mobile user station displays a

selected portion of said map database and a selected portion of said traffic information database.

56

(original). The system of claim 49 wherein each said mobile user station

provides longitude and latitude information to said computer system.

57

(original). The system of claim 49 wherein said location of said one o'f said

mobile user stations is displayed graphically.

Page 5 of 10

111

Exhibit F Page 111 of 139

Appl.
Amdt. Reply

No.: dated: dated:

1OR67,162 March 25, 2004 March 29, 2004

58

(original). The system of claim

49 wherein said computer system screens data

provided by said mobile user stations to determine whether said data coresponds to actual traffic conditions.

59

(original). A system for providing traffic information to a plurality of mobile

users connected to a network,

comprising:
a

.! ,

(a)

plurality of traffic monitors, each said traffic monitor comprising

at least a detector and a transmitter, said detector providing a signal

including data representative of vehicular.movement and said
transmitter transmitting said signals;

(b) (c) (d) (e)

a receiver that receives said signals transmitted by said

traffic

monitors;
a computer system interconnected

with said receiver and said

network;
a mobile user station connected to a global positioning system

receiver, a display, and a communicating device;
said computer system providing to said one of said mobile user stations traffic information representative of said signals

transmitted by said traffic monitors;

(0

said traffic information transmitted by said computer system is

displayed graphically on said display.

60. (original). A system for providing traffic information to a plurality of mobile
users connected to a network, comprising:

Page 6 of 10

112 Exhibit F Page 112of 139

Appf. Amdt. Reply

No.: dated: dated:

101367,162 March 25,2004 March 29, 2004

(a)

a

plurality of traffic monitors, each said traffic monitor comprising

at least a detector and a transmitter, said detector providing a signal

including data representative of vehicular movement and said
transmitter transmitting said signals;

(b) (c) (d) (e)

a receiver that receives said signals transmitted by said

traffic

monitors;
a computer system interconnected with said receiver and said

network;
a

mobile user station includes a display, and a receiving device;

said computer system providing to said one of said mobile user stations traffic information representative of said signals

transmitted by said traffic monitors;

(0 (g)

said traffic information transmitted by said computer system is

displayed graphically on said display; and wherein less than all available traffic information is displayed by
said display.

Page 7 of 10

113

Exhibit F Page 113 of 139

Appl. No.: Amdt. dated:
Reply

dated:

101367,162 March 25, 2004 March 29, 2004

61. (original). A system for providing trafhc information to a plurality of mobile
users connected to a network, comprising:

(a)

a

plurality of traffic monitors, each said traffic monitor comprising

at least a detector and a transmitter, said detector providing a signal

including data representative of vehicular movement and said
transmitter transmitting said signals;

(b) (c) (d) (e)

a receiver that receives said signals transmitted by said

traffic

monitors;
a computer system interconnected

with said receiver and said

network;
a

mobile user station includes a display, and a receiving device;

said computer system providing to said one of said mobile user stations traffic information representative of said signals

transmitted by said traffic monitors;

(D (g)
station.

said traffic information transmitted by said computer system is

displayed graphically on said display; and wherein the displayed traffrc information geographically

encompasses the current geographic position of said mobile user

Page 8 of

10

fl4
Exhibit F Page 114 of 139

Appt. No.: Amdl. dated:
Reply

'101367,162

dated:

March 25. 20(X March 29, 2004

Page 9 of 10

115

Exhibit F Page 115 of 139

Appl. No.:
Amdt- dated: Reply dated:

10t367j62
March 25, 2004 March 29, 2004

REMARKS /ARGUMENTS

In order to overcome the nonstatutory double patenting rejection based on a

judicially created doctrine grounded in public policy so as to prevent the unjustified or improper timewise extension of the 'right to exclude' granted by a patent, and to prevent possible harassment by multiple assignees, we include herewith a terminal disclaimer in compliance with

' 37 CFR 1.321(c).
lf the Examiner believes that for any reason direct contact with applicant's attorney would advance the prosecution of this application, the Examiner is invited to telephone the undersigned at the number below.

Respectfully submitted, Chernoff, Vilhauer, McClung & Stenzel, LLP 1600 ODS Tower 601 SWSecondAvenue Portland, Oregon 972A4

By:

Reg. 38,292 Telephone No. [phone] FAX No. (503| 2284373

No.

Page 10 of 10

116

Exhibit F Page 116 of 139

f'

s

.1 a-)

TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
REJECTION OVER A PRIOR PATENT ln re Application of Application No.:
Filed: For:

:

Bruce

W

DeKock

10t367,162

February 13,2003
SYSTEM FOR PROVIDING TRAFFIC INFORMATION

The owner, Bruce W. DeKock; of !Q0 percent interest in the instant application hereby disclaims, except as provided below, the terminal part of the statutory term of any patent granted on the instant application, which would extend beyond the expiration date of the full statutory term defined in 35 U.S.C. 154 to 156 and 173 as presently shortened by any terminaldisclaimer, of prior US Patent No- 6,574,548. The owner hereby agrees that any patent so granted on the instant patent application shall be enforceable only for and during such period that it and the prior patent granted are commonly owned. This agreement runs with any patent granted on the instant application and is binding on the grantee, its successors or assigns. In making the above disclaimer, the owner does not disclaim the terminal part of any patent granted on the instant application that would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 to 156 and 173 of the prior patent, as presently shortened by any terminal disclaimer; in the event that it expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of competent jurisdiction, is statutorily disclaimed in whole or terminally disclaimed under 37 C.F.R. 1.321, has allclaims canceled by a reexamination certificate, is reissued, or is in any manner terminated prior to the expiration of its full statutory term as shortened by any terminal disclaimer filed prior to its grant.
Check either box 1 or 2 below, if appropriate.

1. D

For submissions on behalf of an organization (e.g., corporation, partnership, universig, government agency, etc.), the undersigned is empowered to act on behalf of the organization.

I hereby declared that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true: and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false statements may jeopardize the validig of the application or any patent issued thereon.

2. I
04/0ve004

me undersigned is an attorney or agent of record.
031550
1036716e

Il

0000m?4

29.2004

0l

FC:?8t{

s"00

1,0

Kevin L. Russell Typed or Printed Name

38,292
I

Registrqtion No.

B

Terminal disclaimer fee under 37 C.F.R. 1.20(d) is included.
Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner). Form PTOISB/96 may be used for this statement. See MPEP g 324.

'

117

Exhibit F Page 117 of 139

.$S

f,.e'ou) o

E TRANSMITTAIfor FY 2004

1A867.162

Effective 10/1/ 20A3. Patent fees are subject to annual revision.

A

Applicant claims small entity status. See 37CFR 1.27

TOTAL AMOUNT OF PAYMENT
METHOD OF PAYMENT (check all that apply)

FEE GALGULATION (continued)

Ecnecr tr85?3n nB?531

8otn"'

flNon"
($)

65 Surcharge - late nling fee or oath 25 Surcharge-late provisional fling fee or covet
sheet

Commissioner is authorized to{check atl that appty)

1053 1804
1805

130 920

1

30

Non-English specilication

[lCharge

fees indicated

below XCredit any overpayments

1812 2,520

El
T-l

Charge any additional fee(s) during the pendency of this appncauon Charge any fee(s) indicated below, except tor the filing fee to the above.identrfied deoosit account.

2,520 For liling a request for ex-parte reexaminalion 920 qgqugsgrig publication ot slR prior to Examiner
action
1

1,840 110 424

,840 Requesting publication of SIR afier Examiner
adton

-

1251 1252

55 bdension for reply within ft|st month 210 Extension for reply within second monlh

475
Large