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
I

Doc. 52 Att. 8

ATTORNEY DOCKET NO. KIR 7146.01 9

Claims I and 16 have been amended to clariff that, in the currently claimed
embodiments, the transmitter and the receiver are remotely located from one another.

As previously discussed, Fan et al. is directed to a system that obtain collective
speed data from the mobile units that is then available for use by the shipping company to route its

vehicles away from trafhc congestions and diversions. [n this manner a dispatcher at a shipping company (e.g., an authorized monitor unit) can decide which vehicles to contact in order to reroute

theml There is no suggestion nor teaching in Fan et al. that this collective

speed data from the

mobile units is made available to the mobile user stations. In contrast, this information is made
available to a dispatcher, who based upon this data, makes determinations regarding whether vehicles need to be contacted in order to reroute them.

Claim I patentably distinguishes over Fan et al. by claiming that the computer
system, in response to a request for traffrc information from on of the mobile user stations,

provides in response thereto to the mobile user station traffic information representative of the
signals transmitted by the traffic monitors.

Claim

16 patentably distinguishes over Fan et al.

by claiming that the computer

Jystem, in response to a request for information from one of the mobile user stations, provides in response thereto to one of the mobile user stations information representative of the signals

transmitted by the mobile user stations.

Claim 25 patentably distinguishes over Fan et al. by claiming that at least one of the mobile user stations providing a request to the computer system for information together with a
respective geographic location of one of the mobile user stations, and in response thereto, the computer system providing to one of the mobile user stations information representative

of

selections portion of the map database and selected portions of the traffic information database based on the respective geographic location of tone of the mobile user stations, as claimed.

The applicant would further note that the Examiner makes reference to "an authorized monitor unif', which as taught by Fan et al. is a dispatcher at a shipping company. At no point does Fan et al. suggest that the authorized monitor unit for the speed data includes the

mobile user stations. Further it is the dispatcher, who based on the collective speed data, then
makes determinations regarding whether vehicles need to be contacted in order to reroute them.

-4-

Exhibit E Page 211 of 311
211
Dockets.Justia.com

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ATTORNEY DOCKETNO. KLR 7146.019

The Examiner is respectfully requested to reconsider the claims, in light of the

foregoing amendments and remarks, and to pass the claims to issue.

Respectfully submitted,

evin L. Russell

Chernoff, Vilhauer, McClung, & Stenzel, LLP 1600 ODS Tower 601 SW Second Avenue

Portland, OR97204 Tel. No. [phone]

CERTIFICATE OF MAILING

I hereby certiff that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Box Fee Amendment, Commissioner for Patents, Washington, D.C. 20231on July 18,2001.

Dated: July 19,2001

-5-

Exhibit E Page 212 of 311
212

L

ATTORNEY DOCKET NO. KLR 7146,01 9

APPENDIX

5J)7

c\

Amended once) A system for providing traffrc information to a plurality of mobile a network, comprising: (a) ity of traffic monitors, each said trafhc monitor comprising at least a a transmitter, said detector providing a signal including data representatl vehicular movement and said transmitter transmitting said signals; a receiver, remotely said hansmitter, that receives said signals transmitted bv said traffrc (c) and said network: a computer system interconnected with sd (d) system recelver, a a mobile user station connected to a global display, and a communicating device; and from said computer system, in response to a request for traffic providing in response thereto to said one of said mobile user stations, said mobile user stations traffic information representative of said signals transmitted bv said traffic monitors.

(b)

(e)

:?
(b)

once) A system for providing traffrc information to a plurality of mobile
network, comprising: prallty of vehicles, each said vehicle comprising at least a mobile user positioning system receiver and a transmitter, said mobile statl user statiori iding a signal including data representative of a location of said mobile user sTati and at least one ofa speed ofsaid vehicle and an identification code of ile user station and said transmitter transmitting said signal; that receives said signals a receiver, remotely located from sai transmitted by said user stations; and said network. said a computer system interconnected with said recei one of said computer system, in response to a request for i mobile mobile user stations, providing in response thereto to said one signals transmitted bi user stations information representative of said mobile user stations.

+e-,

(c)

-6-

Exhibit E Page 213 of 311 213

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t'Jacog E. vTLHAUER, JR . OENNIS E. STENZEL 'CHARLES O. MCCLUNG 'DoNALo B. HAsLErr . J. PeTER STAPLES
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PRoPERtY Law lNTELLEctuaL lNcLUorNc PaTENT- TRAoEMARK, CoPYRTGHT ANo uNratR CoMPETTTION MATTERS

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F,ox: {5O3) 2?a-4373

60I

g.W. SECOND AVENUE

DANTEL P. CHERNoFF

(r935-t99s'

July 19,2001
Our File: '1116.004

BOx FEE AMENDMENT Commissioner for Patents Washington, D.C. 20231
Re:

United States Application Serial No.09/550,476 Filed: April 14,2000 FoT: SYSTEM FOR PROVIDING TRAFFIC INFORMATION

Dear Sir:

-

Enclosed are the following documents regarding the above-referenced patent

application:
1.

2. J. 4.
5.

Transmittal letter in duplicate; Amendment; Petition for a three month extension of time; check in the amount of $445 for payment of extension fee; and an acknowledgment postcard.

The Commissioner is hereby authorized to charge payment of any additional fees credit any overpayment to Deposit Account No. 03-1550. A duplicate copy of this letter is or
enclosed.
Please address all communications regarding the above-identified patent to Vilhauer, McClung & Stenzel, LLP at the then current address for payor number
:

Chernofl

000152.

Respectfu
t

lly submitted,
t/

rt t../ / .4-'t /z / t zuta / Kevin L. Russell Reg. No. 38,2.92 ,A.ttorney for Applicant

RECEIYED
JVLZT gg1
TOg6OOMAAftOOL4

KLR:djs
Enclosures

Exhibit E Page 214of311 214

FEE TRANSMITTAL for FY 2A01
Patent fees ate subjec't to annual revision.

METHOD OF PAYMENT (check one)

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The Commissioner is hereby authorized to charge,the fees and qedit any over payments to:

Code ($) Code
ECharge any aOCilional fee requked under 37 GFR 1.16 &
L17

Fee Fee Fee Fee
($)

Fee Descriplion

65 Surchargg - late filing fee or oath 25 Surchargejate provisionalfiling tee or cover
sheet

2. El PaymentEnclosed

[t cn""r E

credit

card I

Money

order fl

ottrer

139 130 139
147 2,520
147

1

30 Non-English specilication

2,520 For filing a request forreexaminatton

112 920'
1. BASIC FILING FEE

112

920' Requesting publication of SIR priot to Examiner
aclion

Large Entity Small Entity

113 1840'

1t3

1840' Requesting publication of SIR aflet Examiner
action

Fee Fee Fee Fee Cod ($) Code ($) e 101 710 201 355 106 320 206 160 107 490 207 245 108 71O 208 355 114 150 214 75

Fee

Description

Fee Paid

Utility liling tee

115 1',l0 215 116 390 216 117 A90 217
118 1,390 218 128 1,890 228

55 Extension for reply wilhin f rst month
195 Extension for reply within second month

Designfilingfee Plantfilingfee
Reissue filing fee

445 Extension for reply within third month 895 Extension for reply wilhin fourth month 945 Extension for reply within tillfr month
155 Notice ofAppeal 155 Filing a brief in support of an appal 135 Request for oral hearing 1,510 Petilion to instilute a public use proceding

s445

Provisionalfilingfee SUBToTAL (1)

119 310 219 120 310 220 121 270 221
138 1,510 138

140 110 240
141 r,240
241

55 Petition to revive - unavoidable 620 Petilion lo reuive - unintenfional 620 Utility issue fee (ot reissue) 220 Design issue fee 300 Plant issue fee
130 Petilions to the Commissiofl er 50 Petitions related lo provisional applicationg

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below.

MultipleDependenl
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Statemenl

Fee Fee Fee Cod ($) Code 103 18 102 80 104 270 109 80
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($) I 40

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(tirnes number of properties)

Fee Description

203

Claims in excess of 20
Independent claims in excess of 3

710 710

246 249

355 Filing a submission afier final tejection
(37 C.F.R. 1.12e(a))

202

2U
209

135

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paid

355 For each additional invention lo b examined {37 c.F.R. 1.129(b))

40 9

*Reissue indeoendent claims
over original palent

900

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18

210

'Reissue claims in excess of 20 and over original palent

Requesl for Expedited Examination of a Design Application Advance Order of three copies of the patent

Re{tucd by Basic Filing Fee Paitl

SUBMITTED BY

Complete (if appl'ceble)

Exhibit E Page 215 of 311

215

..
'JacoB E. VtLHAUTR, JF. 'ONNrs E. STENZEL 'CHARLES O_ MCCLUNG 'OoNALo }. HasLErr . J. PEYER STAPLES 'W|LL|AM O. Gerv 'NaNcY J. MoRTaRTY R- Dawrs JvltaNNE 'BRUCE w- DEKocx 'KevtN L- RUSSeLL

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16()() ()0s rowER 60r s.w SEcoNo AveNUE

Davao S. FrNt SENToF Law CLERx

PoRTLAND. OeEcoN 97204-3157 TeLEpsc>wE: (503) aa7-5631

OaNTEL P. CHERNoFF

FAx:

{5o3} ?28-4373

(r935-r99st

July 19,2001
Our Fife: 7116.004

BOx FEE AMENDMENT Commissioner for Patents Washington, D.C. 20231
Re:

United States Application Serial No.09/5 50,47 6 Filed: April 14,2000 FoT: SYSTEM FOR PROVIDING TRAFFIC INFORMATION

Dear Sir:
Enclosed are the following documents regarding the above-referenced patent

application:

l.
2. J. 4. 5.

Transmittal letter in duplicate; Amendment; Petition for a tlree month extension of time; check in the amount of $445 for payment of extension fee; and an acknowledgment postcard.

The Commissioner is hereby authorized to charge payment of any additional fees or credit any overpayment to Deposit Account No. 03-1550. A duplicate copy of this letter is
enclosed.
Please address all communications regarding the above-identified patent to

Chernoff, Vilhauer, McClung & Stenzel, LLP at the then current address for payor number
0001 52.

Respecttutly

suumittefiEQ EIV E D
JuLzluoot

W
Kevin L. Russell
Reg.

T03600 M$LROSS Attorney for Applicant

No.

38,292

KLR:djs
Enclosures

Exhibit E Page 216 of 311 216

$f'tid$l

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FEE TRANSMITTAL for FY 2001
Pabnt tees are subject to annual
revis:ton.

TOTAL AMOUNT OF PAYMENT

I

The Commissioner is hereby authorized to charge the fees and credit any @er payments to

Code ($) Code
any additional fee required under 37 cFR 1.16 &

Fee Fee Fee Fee
($)

Fee Desc.rplion

65 Surcharge - late filing fee or oath 25 Surchargetate provisional fillng fee or cover
sheet

2.

I E

PaymentEnclosed

cnecn

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caro I

tuoney

Order E ottt",

139 130 139 130 't47 2,524 147 2,520 112 920' 112 920',
113 1840' 1'r3

Non-English specifi cation For liling a request for reexaminalion Requesting publication of SIR prior to Examinet

1. BASIC FILING FEE

aclion 1840' Requesting publicaton of SIR afrer Examiner action

Large Entity Small Entity

Fee Fee Fee Fee Cod (S) Code ($) e 01 7 10 201 355 106 320 2OA 160 107 490 ZO7 245 108 710 2O8 355 114 150 214 75
1

Fee

Oescription

Fee Paid

Uultly filing fee Design filing fee

115 't10 215 116 390 2'16 117 890 217
118 1,390 218 128 1,890 228

55 Extension for reply within ftsl month
195 Extension fior reply within se@nd month

445 Edension for reply within lhird month 695 Extension for reply within fourth month 945 Extension for reply within liffh month
155 NoticeofAppeal 155 Filing a btief in supporl of an appeal 135 Request for oral heailng
1,51

$445

Planltilingfee Reissuefilingfee
Provisional filing fee

suEToTAL {1)

119 310 2'19 120 310 220 121 270 22'l
138 1,510
138 Fee Paid

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a public use proceeding

EXra

Claims bela^,

Feefom

140 110 240
141 1,240 241 142 1,240 242

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130 Petitions to the Commissioner 50 Petitons related to provisional applications 240 Submission of Informalion Disclosure Statement 40 Recording each patenl assignment per ptoperty (Umes number of properties)

143 144 122 123 126
Fee Description Claims in excess of 20

440 600 130

243 244
122 123 126

50
240

355 Filing a submission anetfinal rejection
(37 C.F-R. 1.129(a))

lndependent claims in excess of 3 Munipb dependent claim, if not
paid

355 For each additional invention to be examined
(37 C.F.R. 1.12e(b))

**Reissue indeoendent claims over original patenl 'Reissue claims in oxcess of 20 and over original patent

900

Request for Expedited Examination of a Design Application Advance Order of lhree copies of the patent

SUBMITTED BY

Complete (if applicable)

Exhibit E Page 217 of311

217

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ATTORNEY DOCKET NO. KLR 7I 16,004

IN THE TINITED STATES PATENT AI\D TRADEMARK OFFICE
PATENT APPLICATION EXAMINING OPERATIONS
Applicant:
Serial No.:

ntffi

DeKock
09/550,476

Art

Unit:

3661 Coleman, Marc M.

Examiner:

For:

SYSTEM FOR PROVIDING TRAFFIC INFORMATION

Filed:

April 14,2000

PETITION FOR EXTENSION OF TIME
Chernofl Vilhauer, McClung & Stenzel, LLP 1600 ODS Tower 601 SWSecondAvenue
Portland, Oregon 97204-31 57

July 19,2001
Commissioner for Patents Washington, D.C. 20231 Dear Sir: The applicant in the above-identified patent application hereby petitions the Commissioner of Patents and Trademarks for a three month extension of time in accordance with 37 CFR $1.136 to respond to the Office Action therein dated January 22,2001. The applicant is a large entity and, in accordance with 37 CFR $1.17(a)(3), a fee in the amount of $$445 is enclosed. The Commissioner is hereby authorized to charge any additional fee, or credit any overpayment, to Deposit AccountNo. 03-1550.
Respectfu
07/26t200r
ITRBRHRT{I I

ly submitted,

000000e7 09s50{75

0l

FC:?17

{45.00 0p

Kevin L. Rdssell Of Attorneys for Applicant Tele: [phone]

-1-

Exhibit E 31 1 Page 218 of 218

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ATTORNEY DOCKET NO. KLR 7I 16.004

CERTIFICATE OF MAILING

I hereby certify that this Petition for Extension of Time is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Box Fee Amendment, The Honorable Commissioner for Patents, Washington, D.C. 2A231, on July 19, 2001.

// /?/z* Dated: ?
t,

-2-

Exhibit E Page 219 of 311 219

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et
APPUCATION

rvri
a#sl
DEKOCI(

OF COMMERCE

Patent and Trademark Office
Address: COMM]SSONER
OF PAIENTSAND TRADEMARKS tlrashlng0on, D.C. 20231

NO. I

tr

FILING DATE

FIRSTNAMED I}WENTOR

ATTORNEY DOC(ETNO.

r

09/55O, 476

04/14/AO

B

BWD-7'r 1B . 004
EXAMINER

-t
Pmazloa24

BRUCE W DEKOCK 1600 ODS TOWER 8O1 SWSECONDAVENUE PORTLAND OR 97204

ARTUNTT I 366
1

PAPEB NUMBER

DAIE IIAILED:

b
o8/24 l01

Please find below and/or attached an Office communication concerning this appfication or proceeding
Commlssloner of Palente and fhdemarks

r*hioii
PrOgoC (RoY.2/95)
'U.S. GPO: 20m-473{00r44@2

i
222

Page 222 of 311
t- Fllo Copy

Applicant(s)
DEKOCK ETAL.

Office Action Summaryr

Period for Reply

-

The MA

appears on the cover sheet with the correspondence addregs

-

A SHORTENED STATUTORY PERIOD FOR REpLy rS SET TO EXPIRE g MONTH(S) FROM
THE MAILING DATE OF THIS COMMUNICATION.

-

Exlonsionsoftimsmaybeavailabbunderlheprovisionsof3TCFRl,l36(a). Innoev6nt,holrever,mayar6plybetimetfiled
aner SIX (6) MONTHS from lh mailing dato of this communbation. lf the Period for reply specified abovo is less lhan thirly (30) day:s, e reply wilhin the slatutory minimum of lhirly (3O) day:s will be considered timety. lf NO period for reply is specified abwe, lhe maximum slalulory priod will apply and will expire SIX (6) MONTHS from lhe mailing date of lhis communicalion. Failute lo reply within lho sel or exfeoded period tor reply will, by statule, causa Ih6 applicalion lo bcome ABANDONED (35 U.S.C. $ 133). Any reply teceived by lho Oflico laler lhan lhree months affer lh mailing dale of this communbalion. even if timely filed, may reduce any eamed patenl term adjustment. Ses 37 CFR 1.7(H(b).

Status

1)X
2a)El

Responsive to communication(s) filed on 24 Jutv 2001

.

This action is

FINAL.

2b)fl

fnis action is non-finat.

3)tr
4)X 5)E 6)E 7)X

Since this application is in condition for allowance excepl for formal matters, prosecution as to the merits is cfosed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453.O.G. 213.

Disposition of Glaims Ctalm(s) 1-35 is/are pending
4a) Of the above
an

the application.
is/are withdrawn from consideration.

claim(s)

Claim(s) 25-38islare atlowed. Claim(s) 1-4,6.7 and 9-24 is/are rejected.
Clalm(s) 5 and 8 is/are objected to. are subject to restriction and/or election requirement.

8)[ Claim(s)
Application Papers

g)fl

Tne specification is objected to by the Examiner.

10)n The drawing(s) filed on

is/are:

a)fl

accepted or

b)fl

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).

11)D The proposed drawing correction filed

on

is:

a)E approved b)! disapproved by the Examiner.

lf approved, conected drawings are required in reply to this Office action.

12)n The oath or declaration

is objected to by the Examiner.

Priority under 35 U.S.C. SS 119 and 120 13)E Acknowledgment is made of a claim for foreign priority under 35 U.S.C. S 11g(a)-(d) or a)flAll b)D Some'c)[ Noneof:

(D.

t.n Certified copies of the priority documents have been received. 2.n Certified copies of the priority documents have been received in Application No. 3.tr Copies of the certified copies of the priority documents have been received in this National Stage application from the lnternational Bureau (PCT Rule 17.2(a)1.
' See the attached 14)[ Acknowledgment
detailetl Office action for a list of the certified copies not received
is made of a claim for domestic priority under 35 U.S.C. $ 119(e) (to a provisional application). a) fl fne translation of the foreign language provisional application has been received. 15)D Acknowledgment is made of a claim for domestic priority under 35 U.S.C. S$ 120 andlor 121.
Attachment(s)

t;
Z)

ffi D

3)
F A

[

Notic" of References Cited (PTO92) tlAice of Draftsperson's Patent Drawing Review (PTO-948) Information Oisclosure Statement(s) (PTO-i 449) Paper No(s)
,h-., Aa ia I

+1

q
s)

n otn"r,

fl I

lnterview Summary (PTo-413) Paper No{s). notice of lnformal Patent Applieation (PTO-152)

-.

af

-

rxr'ioii
Page 223 of 311

"''223

lo
ApplicatioffControl Number: 09/550,476 Art Unit 3661
DETAILED ACTION

o?
Page2

1.

This office action is responsive to applicant's amendment filed on7l24lQ1.

Claim Rejections - 35 USC $ t03

2.

The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all

obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed.or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

3.

Claims

1,6,7,8, 11-13, 16, 19, and24are rejected

under 35 U.S.C. 103(a) as

being unpatentable over Albrecht et al. (U.S. Patent No. 5,812,069) in view of Fan et al. (U.S. Patent No. 5,959,577). In regard to claim 1, Albrecht discloses:

-

A plurality of traffic monitors 20, each said traffic monitor comprises at least a
detector and a transmitter (see col. 4 lines 874A), said detector providing a signal including data representative of vehicular movement and said transmitter transmitting said signals (see col. 4 lines 3740 and Fig.);

-

n receiver 31, remotely located from said transmitter, that receives said
signals transmitted by said traffic monitors (see Fig and col. 4 lines 4O4Q;
a computer system interconnected with said receiver and said network (see

col. 4 lines 4345). Although, Albrecht discloses a computer system, a mobile user station, a GPS receiver. he fails to disclose the connection among them with a display

Exhibit E Page 224 of 311
224

oo
Applicatior/Control Number: 09/550,476 Art Unit: 3661
request made by said mobile user stations. Fan discloses:

OO
Page 3

using a communicating device. Furthermore, he fails to disclose that the computer system provide response to the mobile user station in response to

-

a mobile unit 3 connected to a global positioning system receiver

I

(see Fig.

1), a mobile unit having a display (see Fig. 12), communicating device (see

Fig. 1); which conesponds to step (d) of claim 1;

-

a computer system provides response to the mobile user stations in response

to request made by said mobile user stations (see abstract and col. 1 line 64-

col.2line24).
At the time of the invention, it would have been obvious to one of the ordinary skill in the art to include Fan's travel relating information network with Albrecht's traffic flows forecasting method so that vehicle movement can be monitored and travel-related information can be transmitted to the vehicles

(see Fan col.

I lines 10-12).

In regard to claim 16, Albrecht discloses:

-

a plurality of vehicles 11, each vehicle comprising at least a mobile user station a global positioning system receiver and a transmitter (see col. 4 lines 36-37 and col. 4lines 593) said mobile user station providing a signal including data representative of a location of said mobile user station and at

Exhibit E Page 225 of 311 225

Oo
Applicatior/Control Number: 09/550,476 Art Unit 3661
5e-63).

aa
Page 4

least one of a speed of said vehicle (see col. 4 lines 36-37 and col. 4 lines

a receiver 31, remotely located from said transmitter, that receives said signafs transmitted by said traffic monitors (see Fig and col. 4 lines

4O

4);

a computer system interconnected with said receiver and said network (see

col. 4lines 43-45) Although, Albrecht discloses a computer system, a mobile user station, a GPS receiver, he fails to disclose that the computer system provide response to the mobile user station in response to request made by said mobile user stations. Fan discloses:

-

a computer system provides response to the mobile user stations in response

to request made by said mobile user stations (see abstract and col. 1 line 64col. 2line 24).

At the time of the invention, it would have been obvious to one of the ordinary skill in the art to include Fan's travel relating information network with Albrecht's traffic flows forecasting method so that vehicle movement can be monitored and travel-related information can be transmitted to the vehicles

(see Fan col. 1 lines 10-12).

ln regard to claim 6, Albrecht discloses that said traffic detector detects vehicular
speed (see col. 3 lines 667).

Exhibit Page 226 of 311 226

i

OO
Applicatior/Control Number: 09/550,476 Art Unit 3661

ao
Page 5

In regard to claims 7 and 8, Fan discloses that at least one of said transmitters

transmits directly to said reeiver; at least one of said transmitters transmits to another traffic monitor (see Fig. 1 and col. 1 line 64-col. 2line 24).

In regard to claim 11, Fan discloses that the mobile unit provides latitude and

fongitude information to said computer system (see col. 3 lines 11-16 and col.

4 lines 5565).

In regard to claim 12, Fan discloses that said computer system selects said

traffic information to provide to said mobile user station based on a signal
received from said global positioning system receiver (see col. col. 1 line 64-

col 2line

24).

In regard to claims 13, 19 and24, Fan discloses that said computer system maintains a traffic information database containing data representative of traffic at a plurality of locations and updates said traffic information database in response to signals received from said mobile user station; they also disclose that the computer screens data providing by said mobile user stations to determine whether said data corresponds to actual traffic conditions (see col. 4lines 415).

Exhibit E Page 227 of 311
227

Oo
Applicatior/Control Number: 09/550,476 Art Unit: 3661

ao
Page 6

Claim Rejections - 35 USC $ t03

4.

The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all

obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject mafter as a whole would have been obvious at the time the invention was made to a person having ordinary sklll in the art to which said subject mafter pertains. Patentability shall not be negatived by the manner in.which the inverition was made.

5. .

Cfaims

24,9,

10, 14, 15,17 and20-23 are rejected under 35 U.S.C. 103(a) as

being unpatentable over Albrecht et al. (U.S. Patent No. 5,812,069) in view of Fan et al. (U.S. Patent No. 5,959,577) as applied to claims 1 and 16 above and further in view of Lappenbusch et al. (U.S. Patent No. 5,982,298).
In regard to claims

24,

14, 17

,20,22, and 23, although Fan disclose a

display (see Figs. 12 and 13), Albrecht and Fan fail to disclose that said traffic information transmitted by said computer system is displayed graphicalty on said display. They also failto disclose that said traffic information is displayed together with a video image and a text message. Lappenbusch discloses that said traffic information transmitted by said computer system is displayed graphically on said display; ln addition, Lappenbusch discloses that said traffic information is displayed together with

a video image and a text message (see Figs. 4-8; col. 1 lines 28-33; and col. 9 lines 37-50).

Exhibit E Page 228 of 311 228

Oo
Applicatior/Control Number: 09/550,476 Art Unit 3661

ao
Page 7

At the time of the invention it would have been obvious to one skilled in

the art to utilize Lappenbusch's graphical display with the combined traffic information system of Abrecht and Fan because it would provide a vehicle monitoring system that can deployed on a world-wide basis at minimum cost since the cost of communication in the intemet is inexpensive (see Lappenbusch col.11 lines 13-33).

In regard to claims 9 and 10, Lappenbusch discloses that at least one of said

traffic monitors includes a video camera: at least said detector is a video

camera (see Fig.

1).

At the time of the invention it would have been obvious to one skilled in the art to utilize Lappenbusch 's camera with the combined travel information system of Albrecht and Fan so that continuous images and live feeds conditions can be provided (see Lappenbusch col.1 lines 1118).

fn regard to claims 15 and 21,Fan discloses that said mobile user station has an

input mechanism to select a mode in which traffic information graphically on said display (see Figs. 12 and 13).

Exhibit E Page 229ot311 229

to
Application/Control Number: 091550,476

Oo
Page 8 Al I owa b Ie S u biect M atte r

Art Unit: 3661

6.

Claims 5 and 18 are objected to as being dependent upon a rejected base claim,

but would be allowable if rewritten in independent form including all of the limitations of

the base claim and any intervening claims.
ln regard to claims 5 and 18, none of the above cited referen@s, either singularly or in combination, teach or fairly suggest: "said computer system has a map database, and said computer system, in response to said request for information, transmits map information representative of a portion of said map database, and said map information representative of said map database is displayed graphically together with said traffic information."

7

.

Claims 25-38 allowable because none of the above cited references, either

singularly or in combination, teach or fairly suggest: "at least one of said mobile user stations providing a request to said computer system for information together with a respective location of said mobile user stations, and in response thereto, said computer system providing to said one of said mobile user stations information representative of selected portions of said map database and selected portions of said traffic information database based on said respective geographic location of said one of said mobile user stations".

Exhibit E Page 230 of 311
230

fo
Application/Control Number: 09/550,476 Art Unit: 3661

ao
Page 9

Response to Arguments

8.

Applicant's arguments filed on 7l24l01have been considered but are moot in

view of the new ground(s) of rejection based on Albrecht et al. (U.S. Patent No.5,812,069).

Conclusion

L

Applicant's amendment necessitated the new ground(s) of rejection presented in

this Office action. Accordingly, THIS ACTION lS MADE FINAL. See MPEP
$ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply'is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this finalaction.

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Marthe Y. Marc-Coleman whose telephone number is

Exhibii E Page 231 of 311
231

ra

lo
ApplicatiorVControl Number: 09/550,476 Art Unit: 3661 (9:30AM - 8:00PM).

Oo
Page 10

\

(703) 3054970. The examiner can normally be reached on Monday - Thursday

lf attempts to reach the examiner by telephone are unsuccessfui, the examiner's supervisor, William Cuchlinski can be reached on [phone]- The fax phone numbers for the organization where this application or proceeding is assigned are [phone] for regular communications and [phone] for After Final communications.

Any inquiry of a generaf nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number is (703) 3081111.

Patent Examiner Marthe Marc-Coleman August 22,2OO1

[tY

ttl

Exhibit E Page 232 of 311 232

Notice

of References Cifed

09/550,476

Reexamination DEKOCK ETAL. Page 1 of
1

U.S. PATENT DOCUMENTS Document Number
Country Code-Number-Kind Code

FOREIGN PATENT DOCUMENTS

NON-PATENT DOCUMENTS
Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)

-A copy ol lhis referonca is nol being fumished with lhis Oflice action. (Seo MpEp S ZO7.O5(a).) Datas in MItil-WW formal aro publication dates, Classifications may be US or fore[n.
U.S. Palent and Trademrt

Ottie

PTO92 (Rev.01-2001)

Notlc of Reterences Citd

Parl of Paper No. 6

Exhibit E Page 233 of 311

233

t-

' :l'

o
Attorney DocketNo. KLR 7146.019

Application No. 09/550,476

{\Y s\
$\11ss

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

:

PATENT APPLICATION EXAMINING OPERATIONS

Applicant:
Serial No.:

DeKock
091554,476

Group Art Unit: 3661 Examiner: Coleman, Marc M.

Filed

i

SYSTEM FOR PROVIDING TRAFFIC INFORMATION

RECEIVED
FEB 0 6
2002

Title

:

April 14,2000
AMENDMENT

GROUP 3600

1600 ODS Tower

601 SWSecondAvenue Portland, Oregon 97204-3157 November 16,2001

Box Non-Fee Amendment Assistant Commissioner for Patents Washington, D.C. 2023L Dear Sir:

In response to the Office Action dated August24,ZD0I,please amend the
application as follows:

In The Claims:
Please amend the

claim

1 as

follows:

i.(Amended twice) 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

Exhibit E Page 234 of 311 234

'

'_l

o
09 I 550,47 6

Application No.

Attorney DocketNo. KLR 7146.019

a detector and a transmitter, said detector

providing a signal including data

representative of vehicular movement and said transmitter transmitting said signals;

o)
(c) (d)

a receivel, remotely located

from said transmitter, that receives said

signals transmitted by said traffrc monitors; and
a computer system interconnected a

with said receiver and said network;

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

display, and a communicating device; and (e)
said computer system, in response to a request for traffic information from
one

of said mobile user stations, providing in response thereto to said one

of said mobile user stations traffic information representative of said
signals hansmitted by said traffic monitors.

(0

wherein said traffic inforrnation transmitted by said computer system is displayed graphically on said display; and

(e)

wherein said computer system has a map database, and said computer
system, in response to said reguest for information, transmits map

information representative of

a

portion of said map database, and said map

information representative of said map database is displayed graphically
together with said traffic information.

Please amend

claim

16 as

follows:

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

(a)

a

plurality of vehicles, each said vehicle comprising at least

a

mobile user

station, a global positioning system receiver and a transmitter, said mobile
user station providing a signal including data representative of a location

of said mobile user station and at least one of a speed of said vehicle and

Exhibit E Page 235 of 311

{

235

^|
Application No. 09/550,476

?
Attorney DocketNo. KLR 7146.019

an identification code of said mobile user station and said transmitter

transmitting said signal; (b)
(c)
a

receiver that receives said signals transmitted by said user stations; and

a computer system interconnected

with said receiver and said network,

said computer system, in response to a request for information from one

of

said mobile user stations, providing in response thereto to said one of said

mobile user stations information representative of said signals transmitted by said mobile user stations.
(d) wherein said vehicle further comprises a display and said information transmitted by said computer system is displayed graphically on said display; and (e) wherein said computer system has a map database, and said computer
system, in response to said request for information, transmits information representative of a portion of said map database, and said information representative of said map database is displayed graphically.

Please cancel claims

2,5,17

and 18 without prejudice.

REMARKS

In the Office Action mailed August 24,20}l,the Examiner objected to claims 5
and 18, but indicated that such claims would be allowable if rewritten in independent form to include all of the limitations of the base claim and any intervening claims.

Claim I has been amended to include the limitations of claims 2 and 5, and claims

2

and,5 have been cancelled. Accordingly,

claim I is submitted to be allowable.

Claims 3-4, and6-15 depend from claim 1, and hence are also in condition for allowance.

Likewise, claim 16 has been amended to include the limitation of claims l7 and

Exhibit E Page 236 of 311 236

t
Apptication No. 09/550,476

Attomey DocketNo. KLR 7146.019

1

8, and claims 17 and 1 8 have been cancelled. Claim 16 should therefore be allowable.

Claims 19-24 depend from claim 16, and are also in condition for allowance.
The Examiner also indicated that claims 25-38 were allowed. Attached hereto is a marked-up version of the changes made to the specification
and claims by the current amendment. The attached page is captioned "Version with markin

show changes made."

In view of the foregoing amendments and remarks, applicant submits that all

of

the claims are now in condition for allowance, and respectfully requests the Examiner to pass the

claims to issue.

Of Attorneys for Applicant

Tel: [phone]r

CERTIFICATE OF MAILING
I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Box Non-Fee Amendment, Assistant Commissioner for Patents, Washington, D.C. 2023I, on November 16, 2001.

Dated: November 16. 2001
n L. Russell

r*r'inii

r
237

Page 237 of311

1

Application

N

o. 09 | 550,47 6

Attomey Docket No. KLR 7146.019

VERSION WITH MARIflNGS TO SHOW CHANGES MADE

l.(Amended twice) A system for providing traffic information to a plurality mobile users connected to a network, comprising:

of

(a)

a

plurality of traffic monitors, each said traffic monitor comprising at least
providing a signal including data

a detector and a transmitter, said detector

representative of vehicular movement and said transmitter transmitting
said signals;

O) (c) (d) (e)

a receiver, remotely located

from said transmitter, that receives said

signals transmitted by said haffic monitors; and
a computer system intercornected a

with said receiver and said network;

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

display, and a communicating device; [and]
said computer system, in response to a request for traffic information from one of said mobile user stations, providing in response thereto to said one

of said mobile user stations haffic information representative of said
signals transmitted by said traflic monitors[.]

(fl (g)

whereir-r said

traffic information transmitted by said compuler system is

displayed graphically on said display: and wherein said computelsystem has a map database. and said computer
system. in response to said request for information. transmits map

inlormation representative of a portion of said map database. and said map information representative of said map database is.displayed graphically
together with said traffic information.

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

Exhibit E Page 238 of 31 1 238

l.
--l

--'\
Application No. 09/550,476

L I
Attomey Docket No. KLR 7146.019

J

(a)

a

plurality of vehicles, each said vehicle comprising at least a mobile user

station, a global positioning system receiver and a transmitter, said mobile
user station providing a signal including data representative of a location

of said mobile user station and at least one of a speed of said vehicle and
an identification code

of said mobile user station and said transmitter

fansmitting said signal;
(b)
(c)
a receiver that receives said signals transmitted a computer system interconnected

by said user stations; [and]

with said receiver and said network,

said computer system, in response to a request for information from one

of

said mobile user stations, providing in response thereto to said one of said

mobile user stations information representative of said signals transmitted by said mobile user stations[.]

G)

wherein Said vehicle further comptises a display and said information transmitted by said gomputer system is displayed graphically on- said

display: and

(s)

wherein said computer system has a map database. and said computer
system. in response to said request for information. transmits information

representative of a portion of said map database. and said information
reBresentative of said map database is displayed graphicall)r.

Exhibit E Page 239 of 311 239

Application N o.

09 | 550,47

6

Attorney Docket No. KLR 7146.019

IN THE UMTED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION EXAMINING OPERATIONS
ttt I

rl>

Applicant:
Serial No.:

DeKock 09/55Q,476

Group Art Unit: 3661

{//:/
Examiner: Coleman, Marc M.

Filed

:

SYSTEM FOR PROVIDING TRAFFIC

INFORMATION REC

ENW

Title

:

April 14,2000 AMENDMENT

FtB 0 6 2002

GROUP 363*

1600 ODS Tower 601 SWSecondAvenue Portland, Oregon 97204-3157 November 16,2001

Box Non-Fee Amendment Assistant Commissioner for Patents Washington, D.C. 20231
Dear Sir:
1

.'l'

.^ nN|{lt' application -

,.\.-"' ifI' ^tt \-

In response to the Office Action dated August 24,2}Al,please amend the
as follows:

hU' .,0q Ir, 1l t
'[\r" n\\'J {o1-

i'qr$ S ,'
\

\ U\

In The craims:
Please amend the claim

I

as follows:

1.(Amended twice) 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

Exhibit E Page 240 of 311 244

Application No. 09/550,476

Attorney Docket No. KLR 7146.019

a detector and a transmitter, said detector

providing a signal including data

representative of vehicular movement and said transmitter transmitting said signals;

(b)

a receiver, remotely located

from said transmitter, that receives said

signals transmitted by said traflic monitors; and

(c)

a computer system interconnected a

with said receiver and said network;

(d)

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

di$play, and a communicating device; and (e)
said computer systern, in response to a request for traffic information from one of said mobile user stations, providing in response thereto to said one

of said mobile user stations traffic information representative of said
signals transmitted by said traffrc monitors.

(f)

wherein said traffic information transmitted by said computer system is displayed graphically on said display; and

G)

wherein said computer system has a map database, and said computer
system, in response to said request for information, transmits map

information representative of a portion of said map database, and said map information representative of said map database is displayed graphically
together with said traffic information.

Please amend

claim l6

as

follows:

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

(a)

a

plurality of vehicles, each said vehicle comprising at least

a

mobile user

station, a global positioning system receiver and a transmitter, said mobile
user station providing a signal including data representative of a location

of said mobile user station and at least one of a speed of said vehicle and

Exhibit E Page 241 of 311
241

a
Application No. 09/550,476 Attorney Docket No. KLR 7146.019

an identification code of said mobile user station and said transmitter

hansmitting said signal;
(b) (c)
a receiver that receives said signals transmitted a computer systern interconnected

by said user stations; and

with said receiver and said network,

said computer system, in response to a request for information from one

of

said mobile user stations, providing in response thereto to said one of said

mobile user stations information representative of said signals transmitted by said mobile user stations.
(d) wherein said vehicle further comprises a display and said information transmitted by said computer system is displayed graphically on said

display; and
(e)

wherein said computer system has a map database, and said computer
system, in response to said request for information, transmits information

representative of a portion of said map database; ?nd said information representative of said map database is displayed graphically.

Please cancel claims 2, 5, 17 and

l8 without prejudice.

REMARKS

In the Office Action mailed August 24,2001,the Examiner objected to claims 5
and 18, but indicated that such claims would be allowable if rewritten in independent form to include all of the limitations of the base claim and any intervening claims.

Claim t has been amended to include the limitations of claims 2 and 5, and claims
2 and 5 have been cancelled. Accordingly, claim 1 is submitted to be allowable.

Claims 3-4, and 6-15 depend from claim l, and hence are also in condition for
allowance.

Likewise, claim 16 has been amended to include the limitation of claims l7 and

Exhibit E Page 242 of 311 242

Application No. 09/550,476

Attomey Docket No. KLR 7146.019

18, and claims 17 and

l8

have been cancelled. Claim 16 should therefore be allowable.

Claims 19-24 depend from claim 16, and are.also in condition for allowance.
The Examiner also indicated that claims 25-38 were allowed. Attached hereto is a marked-up version of the changes made to the specification
and claims by the current amendment. The attached page is captioned

"@

show changes made."

In view of the foregoing amendments and remarks, applicant submits that all of
the claims are now in condition for allowance, and respectfully requests the Examiner to pass the

claims to issue.

Of Affomeys for Applicant Tel: [phone]t

CERTIFICATE OF MAILING
I hereby certify that this conespondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Box Non-Fee Amendment, Assistant Commissioner for Patents, Washington, D.C. 20231, on November 16, 2001.

Dated: November 16. 2001

Exhibit E Page 243 of 311 243

t
Application No. 09/550,476 Attorney DocketNo. KLR 7146.019

VERSION WITH MARKINGS TO SIIOW CHANGES MADE

1.(Amended twice) 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
providing a signal including data

a detector and a transmitter, said detector

representative of vehicular movement and said transmitter transmitting
said signals;

O) (c) (d) (e)

a receiver, remotely located

from said transmitter, that receives said

signals transmitted by said traffic monitors; and
a computer system intercormected
a

with said receiver and said network;

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

display, and a communicating device; [and]
said computer system, in response to a request for traffic information from one of said mobile user stations, providing in response thereto to said one

of said mobile user stations traffic information representative of said
signals transmitted by said haffic monitors[.]

(! (g)

wherein said traffic information transmitted by said coglputer system is displayed graDhically on said disolay: and wherein said cglnputer system has a map database. and said computer
system. in response to said reqgest for information. trjrlrsgtits map

information representative of a portion of said map database. and said map information representative of said map database is displayed graphically
tosether with said

talfic information.

16. (Amended twice) A system for providing traffic information to a plurality of
mobile users connected to
a

network, comprising:

Exhibit E Page 244 of 311
244

a
Application No. 09/550,476 Attorney Docket No. KLR 7146.019

(a)

a

plurality of vehicles, each said vehicle comprising at least

a mobile user

station, a global positioning system receiver and a transmitter, said mobile
user station providing a signal including data representative of a location

of said mobile user station and at least one of a speed of said vehicle and
an identification code

of said mobile user station and said transmitter

transmitting said signal;
(b) (c)
a

receiver that receives said signals transmitted by said user stations; [and]

a computer system interconnected

with said receiver and said network,

said computer system, in response to a request for information from one

of

said mobile user stations, providing in response thereto to said one of said

mobile user stations information represattative of said signals transmitted by said mobile user stations[.]

G)

wherein said vehicle further comlrrises a displalr and said information hansmitted by said computer-system is displayed Eraphically on said displa)r: and

G)

wherein said computer system has a map database. and s.aid computer
system. in response to said request for information. transmits information

representative of a portion of said map database. and said information representative of said map database is displalred Sraphically.

Lxrrioii Page 245 of 311
245

r

'^4.

Application Number Filing Date First Named lnventor
Group Art Unit Examiner Name

oil!,476
Apdfu,2ooo

TRANSMITTK
FORM
(to be used for all conespondence after initiat

DeKock { -

,{pE
**-B\
,.!

fi'ing)

366i

Coleman, rraarc

\ tn*t'Uftr, _

Total Number of Pages in this Submission

^*o$g

7

Attorney Docket Number
ENCLOSURES (check all that

KLR:7116.004

f]
El
U

fee transmittal E fee attached form
Amendment

D

Assignment Papers (for an

E

application)

After Allowance Communication to Group

E E E

Drawing(s)

CI mter Final/ Response
Afft

Communication to Board of Appeals and lnterferences
Appeal Communication to Group
(Appeal Notice.

davits/Declaration(s)

Licensing Related Papers Petition Routing Slip (pTOtSB/69) and Accompanying Petition

Sriel Repty Bde0

E E
E

Extension of Time Request Express Abandonment Request Infonnation Disclosure Statement
CertmeO copy of Priority

D
E

Proprietary lnformation
Status Letter

E E

petition to Converl to a provisional
ApplicaUon

Powerof Attomey, Revocation, Change of Conespondence Address

Additional Enclosures
1. Transmittal Letter

El

E

Terminat Disclaimer Smatt Entity Statement

Documents

.

Acknowledgment Postcard

D
f3

Response to Missing Parts/ lncomplete Application Response to Missing Parts Under 37 CFR 1.52 or 1 .S3

E

RECE'YF
FtB 0. s
zrlrjl4

Remarks:

D

RequestforRefund

ttr{Oup 56

Firm or Individual Name

November 16.2001

I hereby certify that, on the date shown belorry. this corespondence is being deposited with the United Stiates postial Service in an envelope addressed to: Assistant commissioner for patents, washington, D.c., 20231 with sufticient postage as tirst class mail

ffl I as "Express Mail Post Oflice to Addressee, - mailing

label no.

Exhibit E Page 246 of 311
246

'OoNALo B. HasLftr 'J. PETER StacLEs ' WrLLrAu O. GENY 'NaNcY J. MoRtaRTy JUIIANNe R. oAvIs ' BRUce w. DEKocK . KEVIN L. RUssELL

. JAcoe E. VtLHAUER, JR 'OENNTS E. SleNzL 'CHAnLES O, MCCLUNG

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INTCL!ECIUAL PROPER'Y LAW parENT_ TRAoEMAFx ltc!uorNG CopyRtGHl aNo UNFATR COtpEttTaON MarrERS

BRENNA K. LeGAARo

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1600 00s rowER 5OI S,W' SECOND AVENUE PORTLAND, OREGoN g72a4-3157

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Fex: {5C)3} 22a-4373

(s03, e"7-5631

November 16,200r

RECEIVI=D
FEB (} 6 2o81,ru,No.7n6.oo4

Box NO FEE AMENDMENT Commissioner for Patents Washington, D.C. 20231
Re:

GROUP 3c*lC

United States Applicati on Serial No. 09/5 5 0,476 Filed: April4,2000 FOT: SY$TEM FOR PROVIDING TRAFFIC INFORMA,TI0N

Dear Sir:

Enclosed are the following documents regarding the above-referenced patent application:

l. 2. 3. enclosed.

Transmittal letter in duplicate; Amendmen! and Acknowledgmentpostcard

The Commissioner is hereby authorized to charge payment of any additional fees or credit any overpayment to Deposit Account No. 03-1550. A duplicate copy of tnir letter is
:

Please address all communications regarding the above-identified patent to Chemoff, Vilhauer, McClung & Stenzel, LLP at the then current address for payor number

000152.

KLR:fov
Enclosures

Exhibit E Page 247 of311
247

Application Number

oen476
Aprir;;2ooo

TRANSMffTT
FORM
(to be used for all conespondence after inilia[ titing)

Filing Date First Named lnventor
Group Art Unit Examiner Name

,6 PE\
,S1

DeKock { ^ --3'' J* t - -3661 \-o
Coteman, Marc M.

Rn -^^*nP

Total Number of Pages in this Submission

7

Attorney Docket Number
ENCLOSURES (check allthat apply)

KLR:7116.004

! I
l-l

fee transmittal E fee attached form
Amendment

0

Assignment Papers (for an application)
Drawing(s)

D

After Allowance Communication to Group

D
a

flRppeal CommunicaUon to Board
of Appeals and Interferences

D

Rtter Finall Response
ration (s)

Affi davits/Decl

D

Licensing Related Papers petition Routing Slip (PTOISB/69)
and Accompanying Petition Petition lo Convert to a Provisional

E]Appeat Communication to Group
(Appeal Notice, Brief, Reply Brie0

E
E
D

Extension of Time Request Express Abandonment Request Information Disclosure Statement
CertmeO copy of Priority

E E E fl
E

D
E

Proprietary Information Status Letter
ROditionat Enclosures

Application Powerof Attorney, Revocation, Change of Conespondence Address TerminalDisclaimer
Sman Entig Statement

I

{identify belo\At)

E D E

1. Transmittal Letter

Documents Response to Missing Parts/ Incomplete Application Response to Missing Parts

Acknowledg ment Postcard

RECEMF
GROUP 3

E

RequestforRefund

Under3T CFR 1.52 or 1.53

SIGNATURE OF APPLICANT. A

November 16. 2001

CERTIFICATE OF MAILING
I hereby certify that, on the date shown below, this conespondence is being deposited with the United States Postal Service in an envefope addrcssed to: Assistiant Commissioner for Patenb, Washington, D.C.,20231

[t E

win sufficient postage as first dass mail
as "Express Mail Post Ofiice to Addressee" - mailing label no.

Exhibit E Page 248 of 311
248

Application Number

TRANSMISf
FORM
(.9

li+zo
nptirlT:ooo
DeKock t\r 1

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Filing Date First Named lnventor
Group Art Unit Examiner Name

,{,?
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3661

i

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Total Number of Pages in this Submission

7

Attorney Docket Number
ENCLoSURES (check allthat apply)

KLR:7116.004

E
El

fee kansmittal I fee aftached form
Amendment

D

Assignment Papers (for an

fl

After Allowance Communication to Group

applica$on)

E

Drawing(s)

flRppeal Communication to Board
of Appeals and lnterferences

I

Rtter Final/ Response

El Affi davitslOeclaration{s)

I fl E ft

ticenilng Related Papers
Petition Routing Slip (PTO/SB/69) and Accompanying Petition

DAppeal Communication to Group
(Appeal Notice. Brief, Reply Bdef)

E
El

Extension of Time Request Express Abandonment Request

0
E

Poprietary Information
Status Letter

petltion to Convert to a Provisional
Application

El lnformation Disclosure Statement

Powerof Attomey, Revocation, Change of Conespondence Address

E

nooitionat Enclosures

(identify belon)

El

CenmeA copy of Priority Documents Response to Missing Parts/ Incomplete Application

Cl Tenninal Disclaimer

1. Transmittal Letter

2. Acknowledgment Postcard

E fl

D

Smalt Entity Statement

REcFI\,rg[
Ft8 0 6
2002

Response to Missing Parts Under 37 CFR 1.52 or 1.53

Remarks:
Kevin L. Russell

E

RequestforRefund

uH(JuP 3tjc(

SIGNATUREOFAPPLICffi
Firm or lndividual Name

Signature Date

,ry4/V
November 16, 2001 with sufficient postage as first class mail

--7

CERTIFICATE OF MAIUNG
I hereby ceniry that, on the date shown below, this conespondene is being deposited with the United States Postat Service in an envelope addressed to: Assistant Commissioner for patents, Washington, D.C., 20231

B D

as "Express Mail Post Office to Addressee'- mailing tabel no. Kevin L. Russell

Type or print name Signature

/,.t,fvt'

Date

November 16.2001

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249

Page 249 of 311

.i' 'Jacog
E- VTLHAuER, JR

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. TIM A, LoNG
KURT RoHLFg

. J. PETER STAFLES 'wrLLraM O. GENY . NANCY J. MoRIARTY JULTaNNE R, Oavts

'DENNTS E. SrENzeL 'CHARLES D. McCLUNG' . OoNALo B. I{AsLETT

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INIELLECTUAL PRoPERTY LAw lNcLUorNG ParENT. TtaDEMARK,
CoPYRTGHT aNo UNFATR
MATTERS

BRENNA K. LEGAARo

' ReGrsreRED PaTENT ATToFNEY
DAvIo S. FINE SENToR Law CLERX

1600 009 TowER

'BRUCE W, DEKocx 'KEvrN L. RussELL

60I

S.W, SECOND AVENUE

DANTEL P. CHERNoFF

PoRTLANo, OREGoN 97204-3157 . TELePHoNE: (SOg) ??7-5631 FAX: (5o3) 22a-4373

lr93s-r995)

November 16,

2oofi

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FEB 0

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Z1,1;Z

ourFileNo.7116.004

Box NO FEE AMENDMENT Commissioner for Patents Washington, D.C. 20231
Re:

GRcup 3600

United States Application Serial No. 09/5 5 0,476 Filed: April4,2000 FoT: SYSTEM FOR PROVIDING TRAFFIC INFORMA,TION

Dear Sir: Enclosed are the following documents regarding the above-referenced patent application:

1. 2. 3.

Transmittal letter in duplicate; Amendment;and Acknowledgment postcard

The Commissioner is hereby authorized to charge payment of any additional fees or credit any overpayment to Deposit Account No. 03-1550. A duplicate copy of this letter is enclosed.
Please address all communications regarding the above-identified patent to Chemoff, Vilhauer, McClung & Stenzel, LLP at the then current address for payor number
0001 52.

Respectfull

itted,

g.No. 38,292
for Applicant

KLR:fov
Enclosures

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250

Page 250 of 31 1

Fob-|1-0?

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T-885 P.002/008

F-301

0fffnilar

Application No. D/550,a76

Atorney DocketNo, KLR 7146.019

IN TIIE T]NIIED STATES PATENT AI{D TRADEMARK OFFICE

"AX PATENT APPLICATION EXAMININO OPERATIONS IApplicant:
Serial No.:

RECEIVED

FEB
DeKock
09/550,476 Group An Unit: 3661 Examirrer: Coleman, Marc M.

I 4 2002

GROUP 3600

Filed

:

SYSTEM FOR PROVIDING TRAFFIC INFORMATION

Title

l

April 14,2000 AMEI{DMENT

f(t' -Jr c FY
,l9ul'|n,

u?/ torf o*

1600 ODS Tower 601 SW Second Avcnue Portland, Oregon 97204,'31 57 February L4,?OO?

Box Non-Fee Arnendment Assistanr Commissioner for Patents Washington, D.C. 2A73I
Dear Sir:

In response ro rhe OfEce Action dared August24,z$Al, please amend the
application as follows:

In The Clair.ns:
Please anend the claim

I

as

follows:

I.(Amended rwice) A system for providing traffic information to a pluraliry of

cl

mobile users conpected to a network, comprising:

(a)

a

pluralityof traffic monirors, each said traffic monitor comprising at leasr

a

s2_

Exhibit E Page 251 of 311

Feb-|1-02 0?:51prn

From-

I v

T-885 P.003/008 F-301

Applisation No. 09/55O,475

Atomey Docker No. KLR 7t46'019

data detectqr and a transmitter, said detecror Providing a signal including rcpresentadve of vehicular movement and said transminer transmitting said

cl
grrvr czl

signals;

(b)

a receiver,

rcmotely located from said ttansmitrer, that recejves said signals

'

Eansmitted by said saffic monirors;

rtd

(c)
(d)

a computr systerD intcrconnected wirh said recciver and said network;
a a mobile user station connected to a global positioning system receiver,

display, and a cornrnunicating device; and (e)
said computer syslem, in response to a request fOr traffic information from one of said mobile usef stadons, Providing in responso the{eto to said one

of said mobile user stations traffic information represenracive of said signals
transmitted by said uaffic monitors. wherein said traffic information ransmi*ed by said computer system is displayed graphically on said display; and

(o

G)

wherein said computer sysrem has a map database, and said comPuret
s)lstem, in response to said request for informarion, ransmiw map

information represefitative of a portion of said map darabase, and said map informarion representarive of said map database is displayed graphically
logether with said fiNffic inforrration.

I Pt1.@^*ta.aonce)

The system of claim

I wherein

said traffic information is

displayed together with a video image.

cr
c-b

J4*.Tamended

2

once)

The system of claim

I wherein said traffic information is

displayed with a text message-

Please arnend claim 16 as follows:

t4 (Amended rwice) A sysrem for providing usffic informarion ro ' ,6-

a

plurality of

.f3

Exhibit E Page 252 of 311

252

,

Feb-|4-02 02r54pn

Fron-

T-885 P.001/008 F-301

Application No. O9/55O,476

Attomey Docket No. KLR 7146'019

mobile users connocted to

a

network, comPrising;

(a)

a

plurality of vehicles, each said vehicle comprising at least a mobile user station, a global positioning system receiver and a transmiher, said mobile
user station providing a signal including data representative of a location
an said mobile usef, station and at least one of a speed of said vehicle and

c9
goaa\'

,

of

identitication code of said mobile user station and said transmitter transmining said
si

gial;
with said receiver and said networh said

(b) (c)

a receiver that rcceives said signals Uansmitred by said user stadons; and a computer system iilerconnected

computer system, in response to a request for information from one of said

mobile user stations, providing in response thereto to said one of said mobile user stations informadon representarivc of ssid sigrrals transmincd by said mobile user sutions.

(d)

wherein said vehicle further comprises a display and said information transmitted by said comPurcr system is displayed graphically on said

display; and

(e)

wherein said computer system has a map database, and said comPrrsl
system, in rcsponse to said request for infomration, transmiu information repreSerrtative of a portion of said map database, and said information

representative of said map database is dispiayed graphically'

lTA.6n

oded

once)

The sysrem ot

axJl

nherein the location of said one

of

c"\

said mobile user stations is displayed graphically on said display togethet with said traffic

information provided by said compwer $ystem.

4[.ru*"t*d once)

The systern

"t

d^i(twherein

said mobile user station has

an input mechanism ro selecr different modes of displaying

raffic informarion on said display-

5/

Exhibit E Page 253 of 311

253

Feb-I1-0?

0?

r54pn

From-

T-885 P.005/008

F-301

Appli cadon No. 09/550.476

Atoroey Docket No. KLR 7146'019

RFMAR'I(S
5 In the Office Action mailed August ?A,2AOL,the Examiner objected to claims form to and lg, but indicated that such claims would be allowable if rewritren in independent

include all of the limirations of rhe base claim and any intervening claimsand claims Claim t has been amended to include the limitations of claims 2 and 5,
2 and 5 have been cancelled. Accordingly, claim

I

is submitred to be allowable'

for Ctaims 3-4, and 6-15 depend from claim I, and hcnce are also in condition
allowance. and 18' Likewise, claim 16 bas been arnended to inclirde the Iimitation of claims l7

andclaimsl?andlShavebeencance|led.Claim16shouldthereforebeallowable. Claims lg-24 depcnd frorn claim 16, and are also in condition for allowance.
The Examiner also indicared that claims 25-3E were allowed' Anached hereto is a marked-up version of the changes made ro the specification 'version wttn ma*<ings ro and claims by the current arnendslgnt. The attashed page is captioned show changFs made."

In view of the foregoing amendmenrs and rEmarks, applicant submiu that all of the claims are now in condjtion for allowance, and respecfrilly requests the Examiner to pass the
claims to issue.

Respecrfu

I

ly s ubmitted,