Google Inc. v. Traffic Information LLC

Filing 53

Report (TRAFFIC INFORMATION, LLC'S OPENING CLAIM CONSTRUCTION BRIEF). Filed by Traffic Information LLC. (Attachments: # 1 Appendix, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment, # 8 Attachment, # 9 Attachment, # 10 Attachment) (Quisenberry, C.)

Google Inc. v. Traffic Information LLC

Doc. 53 Att. 6

A000158
Dockets.Justia.com

55-60 rnph 50-55 rnph 45-50 rnph 40-45 rnph 35-40 rnph 30-35 rnph

A000159

55-60 mph 50-55 mph 45-50 mph 40-45 mph 35-40 mph 30-35 mph

A000160

55-60 mph 50-55 mph 45-50 mph

40-45 mph
35-40 mph

30-35 mph

A000161

A000162

COMPUTER SYSTEM

-PYA
STATION

1 RECEIVER
0
A
-

{ USER STATION

D

TRAFFIC MONITOR

-PEA
STATION

FIG. I

A000163

\ \ Milepost 6

FIG. 3

A000164

FIG. 4

A000165

DETECTOR

I

I

I

POWER SUPPLY

t-

MEMORY

PROCESSOR

I
I

-----I

CLOCK

FIG. 5

A000166

I

TEXTMESSAGE

I

-

-

FIG. 6

A000167

FIG

A000168

WRECK

55-60 rnph 50-55 rnph 45-50 rnph 40-45 rnph 35-40 rnph 30-35 rnph

FIG. 8

A000169

A000170

A000171

A000172

A000173

55-60 mph 50-55 mph 45-50 mph 40-45 m ~ h

A000174

55-60 mpf 50-55 mpl 45-50 mpf 40-45 mpl 35-40 mpl 30-35 mpl

A000175

55-60 rnph 50-55 rnph 45-50 rnph 40-45 rnph 35-40 rnph

30-35 rnph

A000176

A000177

C

I
PATENT APPLICATION FEE DETERthlNATlON RECORD Effective December 29, 1999 CLAIMS AS FILED PART I

Applica;~on or Docket Number
C '

I

Sc43b
OTHER THAN OR SMALL ENTITY

-

I

-

FOR

(Column 1) NUMBER FILED

(C,olumn 2) NUMBER EXTRA

I
I

SMALL ENTITY TYPE

TOTAL CLAIMS IINDEPENDENT CLAIMS

-

minus 3 =

*

WLTIPLE DEPENDENT CLAIM PRESENT I
I

*'

If the difference in column 1 is less than zero, enter "0"in column 2

CLAIMS AS AMENDED PART II
I

-

OTHER THAN SMALL ENTITY OR SMALL ENTITY

a

!

!
!

i
I

I

I

L

r

I

ADDI-

I

5

*
Minus Minus

d Total
Z

9

Independent

**ye' +*+

=

- X$9=
/

1 1.
RATE X$18= OR OR OR ADDIT. FEE
TOTAL

ADDITIONAL FEE

I FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM

I

X39= +130=
TOTAL ADDIT. FEE

I
I* 34 I
Minus

ADDITIONAL

RATE

ADDITIONAL

FEE

FEE

If the entry in column 1 is less than the entry in column 2 , write "Onin column 3. ** If the 'Highest Number Previously Paid For" IN THlS SPACE is less than 20, enter "20." FEE "'If the "Highest Number Previously Paid For" IN THlS SPACE is less than 3, enter "3." The "Highest Number Previously Paid For" (Total or Independent)is the highest number found in the a 1
J

-

OR ADDIT. FEE
: in column 1.

FORM PTO-875 (Rev. 12/99)

Patent and Trademark Office, U.S. DEPARTMENT OF COMMERCE
'U.S. Ope: 20004343%29044

A000178

UNITED STATES DEPARTMENT OF COMMERCE Patent and Trademark OWce
Bib Data Sheet
Address: COMMISSIONER OF PATENTS AND TRADEMARKS

Washington, D.C. 20231

SERIAL NUMBE

GROUP ART UNI

DOCKET NO.

Bruce W. DeKock, Portland, OR ; Kevin L Russell, Portland, OR ; Richard J. Qian, Camas, WA ;

t

* CONTlNUlNG DATA .........................
THIS APPLN CLAIMS BENEFIT OF 601130,399 04/19/1999 WHICH CLAIMS BENEFIT OF 601166,868 11/22/1999 WHICH CLAIMS BENEFIT OF 601189,913 03/16/2000

C 119 (a-d) condit

I r

Bruce W DeKock 1600 ODs Tower 01 S W Second Avenue

System for providing traffic information LE

p All Fees
0
S: Authority has been given in Paper to chargelcredit DEPOSIT ACCOUNT for following:

1.16 Fees ( Filing )

-- .-

1.17 Fees ( Processing Ext. of time ) ------1.18 Fees(Issue) ---

lofl

6/29/00 11:03 AM

A000179

UTILlTY PATENT APPLICATION TRANSMITTAL
nly for new non-provisionalapplications under 37CFRQl.53(b))

BWD:7116.004

APPLICATION ELEMENTS
See MPEP chapter 600 concerning utilitypatent application contents.

ADDRESS TO:

Assistant Commissioner for Patents Box Patent Application Washington, D.C. 20231

I. s'Fee Transmittal Form (e.g. PTOlSB117)
(Submit an originaland a duplicate f r fee processing) o

!.

rn Specification

Total Pages

5. Microfiche Computer Program (Appendix) 6. Nucleotide andlor Amino Acid Sequence Submission ( i applicable, all necessary) a. b. c. Computer readable copy Paper copy (identical to computer copy) Statement verifying identity of above copies ACCOMPANYING APPLICATION PARTS 7. Assignment Papers (cover sheet & document@)) 37 CFR §3.73(b) Statement when there is an assignee Power of Attorney

(wefemd amnaement set forth below) ' "- Descriptive ~ i l of the lnvention e Cross References to Related Applications - Statement Regarding Federally Sponsored Research - Reference to Microfiche Appendix - Background of the lnvention - Brief Summary of the lnvention - Brief Description of the Drawings (if filed) - Detailed Description - Clairn(s) - Abstract of the Disclosure

-

8.

9.
i. Cj4 Drawing@)(35 USC 113) i. Oath or Declaration

English translation document (if applicable)

Pages Total Pages

P1 7

11.

Preliminary Amendment

a. b.

Newly executed (original or copy) Copy from a prior application (37 CFR §1.63(d)) (forcontinuation/divisionalwith Box 16 completed) 12. H Return Receipt Postcard (MPEP 503) (should be specifically itemized)

1. l l Deletion of Inventor@ 13. Signed statement attached deleting inventor(@ named in the prior application, see 37 CFR §§I .53(d)(2) and 1.33(b) 14.

rn 'Small

Entity Statements

Statement filed in prior application. Status still proper and desired.

(PTO/ ~b/t?912)

Certified Copy of Prioriiy Document@) (if foreign priority is claimed) Other Check for $504

* W e .Rgr ltgms 3 & $3: In otdu to 4e Wtrtillkd bgay wn811 mtity few, a am& entity statement k reqLdEed (37CFR #I.2?jq 15. r&pt #omfiled in O. prior application $ r W w Q7 CFR n

-

6 If a CONTINUING APPLICATION, check appropriate box, and supply the requls~te lnforrnatlon below and In a prellm~nary amendment Continuation Divisional Continuation-in-part (CIP) of prior application No :
Prior appllcabon informatlow Examiner Group No /Art Unlt : o r N U A T l O N or DIVISIONAL APPS onb The entire disclosure of the pnor application, from which an oath or declaration IS suppiled under )ox 4b,IS considereda part of the disclosure of the acmmpanylng continuabon or d~vislonal appllcatlon and 1 hereby ~ncorporated reference s by h e ~ncorporation onlv be relied upon when a portion has been inadverteniiyomitted f o the submitted application parts. rm 17. CORRESPONDENCEADDRESS

7 Customer Number or Bar Code Label
lame rddress
I

~ l h w a w s i m c r m n t w w ~ ~ w ~ ~ ~or m Correspondence addrew below h ~

rn

I Bruce W DeKock 1 1600 ODs Tower. 601 S.W. Second Avenue

A000180

L

dte I f Known

for FY 2000
Patent fees are subject to annual revision. mall Entitypayments -be supported by a small a n f h chrtamrnt See 37 C . F R §§ 1.27 and 1.28. TOTAL AMOUNT OF PAYMENT ( METHOD OF PAYMENT (check one) $507

ApPllication Number

I

Filing Date Concurrently Herewith First Named Inventor DeKOCK, Bruce W.

-

.

-.

IGroupl Art Unit

I
FEE CALCULATION (continued)

bttorney Docket No. ( ~ ~ : 7 1 1 6 . 0 0 4

I
13. ADDITIONAL FEES ILarge Entity &I\ Entity Fee Fee Fee Fee
'Ode

.^. Irnlr; h. The Commissior~~~ by authorizedto charge the
i" L"-"

I
Fee Paid

IJ

b payments to: r

Fee Description

($1

'Ode

($)

I"
I

Charge any additional fee required undc3r 37 CFR 1.18 & 1.17

105 127 139 147 112 113

130 205 50 227 130 139 2,520 147 920. 112 1840. I3 I

2. BPayment Enclosed

In

check

Money Order FEE CALCULATION

Other

I
1
Fee Paid

65 Surcharge - late filing fee or oath 25 Surcharge-lateprovisional filing fee or cover sheet 130 Non-Englishspecification 2,520 For filing a request for reexamination 920* Requestingpublication of SIR prior to Examiner
adinn

A

I

----..

1840* Requesting publication of SIR afler Examiner action 55 Extensionfor reply within first month 190 Extension for reply within second month 435 680 925 I 50 150 130 1,510 55 605 Extensionfor reply within third month Extensionfor reply within fourth month Extensionfor reply within fifth month Notice of Appeal Filing a brief in support of an appeal Request for oral hearing Petition to institute a public use proceeding Petition to revive - unavoidable Petition to revive - unintentional

n

II

. BASIC FILING FEE
Fee :ode 101 Fee
($)

110 215 380 216 Fee Description 870 1,380 1,850 300 300 260 1,510 110 1,210 217 218 228 219 220 221 138 240 241

Fee Fee Code (5) 201

690

345 Utilitv tillna fee

I-xd

I.

EXTRA CLAIM FEES

Extra Claims
-$.=ox

=l7illxn1T
Fee from Fee below Paid 142 143 144 122 123 126 561 148 149 1,210 242 430 243
1

605 Utility issue fee (or reissue) 215Designissuefee 290 Plant issue fee 130 Petitions to the Commissioner 50 Petitions related to provisional applications 240 Submission of Information Disclosure Statement 40 Recording each patent assignment per proparty (times number of properties) 345 Filing a submission after final rejection (37 C.F.R. 1.129(a)) 345 For each additional invention to be examined (37 C.F.R. 1.129(b))

580 244 130 122 50 123

I

greater. Fw &sues,

see

240 126 40 581 890 246 690 249

I
I
1

Large Small Entity Entity \. Fee Fee Fee Fee Fee Description Code (S) Code (S)

'.,

I 1

103 102 104 109 110

18 78 260 78 18

203 202 204 209 210

9 39 130 39 9

Claims in excess of 20 Independent daims in excess of 3 Multiple dependent claim, if not paid 'Reissue independent claims over original patent 'Reissue daims in excess of 20 and over original patent

I

Xher (specify)

II'

Other (specify) Reduced by Basic Filing Fee Paid

A000181

CERTIFICATE OF MAILING

BY "EXPRESS MAIL"

Express Mail No. EL472157366US Date of Deposit: April 14, 2000

I hereby certify that the utility patent application attached hereto entitled SYSTEM FOR PROVIDING TRAFFIC INFORMATION totaling 51 pages, together with fifteen (15) sheets of informal drawings, a Declaration and Power of Attorney, Status of Status of Small Entity, a utility patent application transmittal form, a fee transmittal form (in duplicate), a check for $507, IDS, 1449 form w/references attached, this Certificate of Mailing by Express Mail, and a return, acknowledgment postcard is being deposited with the United States Postal Service "Express Mail to Addressee" service on the date indicated above and is addressed to Assistant Commissioner for Patents, Box Patent Application, Washington, DC 20231.

A000182

0 c.

ku,

-s

ZE

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION EXAMINING OPERATIONS Applicant: DeKock, et al. Group Art Unit :

8

"!sl=\
CSCII

*a \-* \ m . -3 m --e 74
wE;r U

-

=$

Serial No : (concurrently herewith) Examiner: Filed Title
: :

April 14, 2000 SYSTEM FOR PROVIDING TRAFFIC INFORMATION INFORMATION DISCLOSURE STATEMENT IN ACCORDANCE WITH 37 CFR S1.98 Chernoff, Vilhauer, McClung & Stenzel LLP 1600 ODs Tower 601 S.W. Second Ave. Portland, Oregon 97204 April 14, 2000

Box PATENT APPLICATION Assistant Commissioner of Patents Washington, DC 20231 Dear Sir: Applicants submit herewith copies of patents and other art of which they are aware and which they desire to have considered by the Patent Office in accordance with 37 CFR 81.97.

In accordance with 37 CFR §1.97(b)(I), this Information
Disclosure Statement is being submitted within three months of filing the above-identified application. In accordance with 37 CFR §1.97(h), the filing of this Information Disclosure Statement will not be regarded as an

admission that any patent or combination of patents referred to
herein is, or is considered to be, material to patentability under 37 CFR §1.56(b) unless specifically designated as such.

A000183

A list of the patents and publication enclosed herewith is set forth on the attached single page of Form PTO-1449 (Modified). References have been discussed in the Background of the Invention portion of the patent application. The person making this statement is the attorney who signs below on the basis of the information supplied by the inventors and the information in the file.

Reg. No. 40,585 Attorney for Applicants Tel: [phone] CERTIFICATE OF MAILING I hereby certify that this correspondence is being deposited with the United States Postal Service in an envelope addressed to: Box PATENT Patents, Washington, DC Dated: April 14, 2000

A000184

Dated: 4-/d-0 Full name of 3ra joint inventor Residence Citizenship Post Office Address

Richard J. Qian Camas, Washington
4J4L.L.

2844 N.W. 4 4 " Ave. Camas, Washington 98607

CHI^

A000185

fa
%TU

@

UNITED ST-TES DEPARTMENT OF COMMERCE Patent and Trademark Office
Address:
COMMISSIONER OF PATENTSAND TRADEMARKS Washington, D.C. 20231

t-cl

APPLICATION NO.

1

FILING DATE

1
DEKOCK

FIRST NAMED INVENTOR

I
U

ATTORNEY DOCKET NO.

09/ 55C~,4-/6

0 4 / 14./00

BWD-7118.004
-

PM82/0122

1
ART UNIT

EXAMINER

RRUCE W DEKOCK 1600 ODS TOWER 801 S W SECOND AVENUE PORTL-AND OR 9 7 2 0 4

PIARC COLEMAN, M

I

PAPER NUMBER

366 1
DATE MAILED:

C
01 / 2 2 / 0 1

Please find below andlor attached an Office communication concerning this application or proceeding.
Commirsloner of Patents and Trademarks

PTO-80C (Rev. 2/05)

1- Flle Copy

'US. GPO: 2000-473-000144602

A000186

Application No.

Applicant@)

1
Office Action Summary

091550,476

I

DEKOCK ET AL.

Examiner
Marthe Y. Marc-Coleman

Art Unit
3661

Period for Reply

-- The MAILING DATE of this communication aimears on the cover sheet with the corresmndence address -..

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE _3 MONTH(S) FROM THE MAILING DATE OF THIS COMMUNICATION.

-

Extensionsof time may be available under the provisions of 37 CFR 1.136 (a). In no event, however, may a reply be timely filed aner SIX (6) MONTHS from the mailing date of this communication. If the period for reply specified above is less than thiriy (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely. If NO period for reply is s p e c i f i i above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. S 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status 1)m 2a)u 3)u Responsive to communication(s) filed on 14 Awil2000 . This action is FINAL. 2 b ) a 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 parfe Quayle, 1935 C.D. 11,453 O.G. 213.

Disposition of Claims 4)m Claim(s) 1-38 islare pending in the application. 4a) Of the above claim(@ 5 ) U Claim(@ 7 ) 0 Claim(s)
8 ) 0 Claims

islare withdrawn from consideration.

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

6)m Claim(@.1-38 idare rejected.

Application Papers 9)O The specification is objected to by the Examiner. 10)m The drawing@) filed on islare objected to by the Examiner. is: a ) n approved b ) n disapproved. 1 1 ) n The proposed drawing correction filed on

1 2 ) 0 The oath or declaration is objected to by the Examiner. Priority under 35 U.S.C.
119

1 3 ) U Acknowledgment is made of a claim for foreign priority under 35 U.S.C. 4 119(a)-(d). a ) n All b ) O Some * c ) o None of:
1.0 Certified copies of the priority documents have been received.

2.0 Certified copies of the priority documents have been received in Application No.

.

3 . 0 Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau (PCT Rule l7.2(a)). See the attached detailed Office action for a list of the certified copies not received.

I4)n Acknowledgement is made of a claim for domestic prioriiy under 35 U.S.C. & 119(e).

15) [XI Notice of References Cited (PTO-892) Notice of Draftsperson's Patent Drawing Review (PTO-948) 16) 17) (XI Information Disclosure Statement(s) (PTO-1449) Paper No(s) 2 .
S. Patent and Trademark Omce

18) Interview Summary (PTO-413) Paper No(s). . 19) C] Notice of Informal Patent Application (PTO-152) 20) Other: Part of Paper No. 3

TO-326 (Rev. 9-00)

Office Action Summary

A000187

Application/Control Number: 091550,476 Art Unit: 3661
DETAILED ACTION

Page 2

1.

Claims 1-38 are presented for examination.

Claim Rejections 35 USC 5 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that

-

form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless (e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (I), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent.

3.

Claims 1, 7, 8, 11-13, 16, 19, 24-34, 37 and 38 are rejected under 35

U.S.C. 102(2) as being anticipated by Fan et al. (U.S. Patent No. 5,959,577). In regard to claim 1, Fan et al. disclose :

-

in one embodiment, using a GPS receiver, position information of a mobile unit is determined from positioning signals received from GPS satellites and pseudo-ranges derived from the positioning signals. The GPS receiver triangulates the pseudo-ranges to obtain a measured position of the mobile unit. The measured position is then transmitted via a data network to a data processing station. (see col. 1 line 64-col. 2 line 4); which corresponds to part (a) of claim 1;

-

a GPS receiver of the mobile unit receives a positioning signal which contains code sequences from GPS satellite constellation 8 and converts the code (see col. 3 lines 16-20); which correspond to part (b) of claim 1

A000188

Application/Control Number: 091550,476 Art Unit: 3661

Page 3

-

a data processing station 18 interconnected with said GPS satellite receiver 8 and said wireless network 10 (see Fig. 1); which correspond to part ( c ) of claim I ;

- a mobile unit 3 connected to a global positioning system receiver 8 (see Fig. I ) ,
a mobile unit having a display (see Fig. 12), communicating device (see Fig. 1); which corresponds to step (d) of claim 1.

- an authorized monitor unit may request for a specific area map by sending a
request through the data network. Upon receiving a request, the data processing unit sends the area map to the monitor unit. Data processing station may also perform a database search for travel-related information, such as directions to a gasoline station (see abstract); Fan et al. also disclose in one embodiment, using a GPS receiver, position information of a mobile unit is determined from positioning signals received from GPS satellites and pseudo-ranges derived from the positioning signals. The GPS receiver triangulates the pseudo-ranges to obtain a measured position of the mobile unit. The measured position is then transmitted via a data network to a data processing station. The data processing station organizes the measured position and generates an area map which indicates by a position marker the position of each mobile unit. This area map is made available to one or more monitor units connected to the data network. A mobile unit may also send a request for a database search through the data network to the data

A000189

ApplicationlControl Number: 091550,476 Art Unit: 3661

Page 4

processing station to obtain an area map or travel-related information (see col. 1 line 64-col. 2 line 24); Which corresponds to part (e) of claim 1.

In regard to claim 16, Fan et al. disclose that:

- one or more ground stations and many mobile units installed on the vehicles.
In such a system, each mobile unit is equipped with a GPS receiver and a wireless transmitter. Using the GPS receiver, a mobile unit determines the position of the vehicle and then transmits the position directly to a ground station. The ground station receives the positions of all vehicles, and displays these positions on a digital map on a display device. The ground station of a conventional vehicle locating system normally also includes a map database search system, a media reader (e.g., a CD-ROM drive) and media (e.g., CDROMs) that store digital maps and travel-related information. Using the stored digital maps and positioning information received from the GPS satellites, the operator of the ground station can determine a present position for the vehicle (see col. 1 lines 26-40). Fan et al. also disclose identification code of said mobile user station and said transmitter transmitting said signal (see col. 4 lines 55-65); which corresponds to part (a) of claim 16.

-

a GPS receiver of the mobile unit receives a positioning signal which contains code sequences from GPS satellite constellation 8 and converts the code (see col. 3 lines 16-20); which correspond to part (b) of claim 16.

A000190

Application/Control Number: 091550,476 Art Unit: 3661

Page 5

-

a data processing station 18 interconnected with said GPS satellite receiver 8 and said wireless network 10 (see Fig. I); authorized monitor unit may an request for a specific area map by sending a request through the data network. Upon receiving a request, the data processing unit sends the area map to the monitor unit. Data processing station may also perform a database search for travel-related information, such as directions to a gasoline station (see abstract); Fan et al. also disclose in one embodiment, using a GPS receiver, position information of a mobile unit is determined from positioning signals received from GPS satellites and pseudo-ranges derived from the positioning signals. The GPS receiver triangulates the pseudo-ranges to obtain a measured position of the mobile unit. The measured position is then transmitted via a data network to a data processing station. The data processing station organizes the measured position and generates an area map which indicates by a position marker the position of each mobile unit. This area map is made available to one or more monitor units connected to the data network. A mobile unit may also send a request for a database search through the data network to the data processing station to obtain an area map or travel-related information (see col. 1 line 64-col. 2 line 24); Which corresponds to part (6 ) of claim 16.

In regard to claims 25, 26, and 34, Fan et al. disclose:

A000191

ApplicationlControl Number: 091550,476 Art Unit: 3661

Page 6

-

a plurality of mobile user stations, each mobile user station being associated with a display, a display, a global positioning system receiver and a communicating device to allow each of said mobile user stations to send sand receive signals (see col.1 lines 24-40);

-

a data processing station 18 interconnectedwith said GPS satellite receiver 8 and said wireless network 10 (see Fig. 1); said computer being capable of sensing and receiving signals to and from said mobile user stations (see Fig. 1); which corresponds to part ( b) of claim 25;

- said computer system including a map database and a traffic information
database, said traffic information database containing data representative of traffic at a plurality or locations (see col. 4 lines 41-54); which corresponds to part ( c) of claim 25;

- at least one of said mobile user stations providing a request to said computer
system for information together with a respective geographic location of said one 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 (see col. 1 line 64-col. 2 line 24); Fan et al. also disclose that said map information is displayed together with traffic information (see Figs. 12 and 13).

A000192

ApplicationlControl Number: 091550,476 Art Unit: 3661

Page 7

In regard to claims 7 and 8, Fan et al. disclose that at least one of said transmitters transmits directly to said receiver; at least one of said transmitters transmits to another traffic monitor (see Fig. 1 and col. 1 line 64-col. 2 line 24).

In regard to claims 11 and 30-32, Fan et al. disclose that the mobile unit provide latitude and longitude information to said computer system (see col. 3 lines 11-16 and col. 4 lines 55-65).

In regard to claim 12, Fan et al. disclose 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. Iline 64col. 2 line 24).

In regard to claims 13, 19, 24, 27-29, 37 and 38, Fan et al. disclose 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. 4 lines 41-65).

A000193

ApplicationlControl Number: 091550,476 Art Unit: 3661

Page 8

In regard to claim 33, Fan et al. disclose that the internet can be used as data network 27 (Fig. I ) , the necessary hardware and software for implementing a monitor unit are readily available. Most computers that have the ability to access the Internet, together with a standard web browser, can be used to access data processing station 18, to perform the functions of the monitor units. Since a monitor unit can receive a map from data processing station18, such as the map displayed on LCD 212 in Fig. 13, which can be displayed using conventional graphics software, the monitor is not required to be equipped with any special map software or a map database. Because the cost of communication on Internet is inexpensive, a vehicle monitoring system can be deployed in a world-wide basis at minimum cost. Which means that information is displayed as an information banner on said display.

Claim Rejections 35 USC 5 103
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 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.

5.

Claims 2-5, 9, 10, 14, 15, 17, 18, 20-23, 35 and 36 are rejected under 35

U.S.C. 103(a) as being unpatentable over Fan et al. (U.S. Patent No. 5,959,577) in view of Lappenbusch et al. (U.S. Patent No. 5,982,298).

A000194

ApplicationlControl Number: 091550,476 Art Unit: 3661 In regard to claims 2-4, 14, 17, 20-23, 35 and 36, although Fan et al.

Page 9

disclose a display (see Figs. 12 and 13), they do not specifically disclose that said traffic information transmitted by said computer system is displayed graphically on said display nor do they disclose that said traffic information is displayed together with a video image and a text message. Lappenbusch et al. disclose that said traffic information transmitted by said computer system is displayed graphically on said display; they also disclose 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). At the time of the invention it would have been obvious to one skilled in the art to utilize Lappenbusch et al.'s graphical display with Fan et al.'s travel information system 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 internet is inexpensive (see Lappenbusch et al. col.11 lines 13-33).

In regard to claims 5 and 18, Fan et al. disclose that in addition to computing the corrected measured position, data processing station 18 searches a database 32 and associated area map storage 63 to process the operator's query received in the outbound data package. Database 32 maintains such travel-related information as maps, traffic situation in a particular area, positions of service stations and destinations of interest. Storage for

A000195

ApplicationlControl Number: 091550,476 Art Unit: 3661

Page 10

database 32 can be implemented using any mass storage media, such as hard disks, RAMS, ROMs, CD-ROMs, and magnetic tapes. For example, infrequently updated information (e.g., maps or destinations of interest) can be stored on CD-ROMs, while frequently updated information (e.g., current traffic conditions) can be stored on RAM. Database 32 is accessed by data processing unit 38 (see col. 4 lines 41-54). Fan et al. also disclose that said map information is displayed together with traffic information (see Figs. 12 and 13).

In regard to claims 9 and 10, Lappenbusch et al. disclose 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 et al.'s camera with Fan et al.'s travel information system so that continuous images and live feeds conditions can be provided (see Lappenbusch et al. col.1 lines 15-18).

In regard to claims 15 and 21, Fan et al. disclose 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).

A000196

ApplicationIControl Number: 091550,476 Art Unit: 3661

Page 11

6.

Claim 6 - is rejected under 35 U.S.C. 103(a) as being unpatentable over Fan et

al. (U.S. Patent No. 5,959,577) in view Akutsu et al. (U.S. Patent No. 5,987,374). In regard to claim 6, although Fan et al. disclose GPS 8 to monitor vehicle movement, they do not specifically disclose that the GPS detect vehicular traffic speed. Akutsu et al. disclose a vehicle traveling guidance system comprising: a plurality of data providing devices installed on a road, wherein each of said data providing devices includes a detector for detecting speed and pass time of a vehicle passing over the vicinity thereof (see col. 8 lines 30-35). At the time of the invention, it would have been obvious to one skilled in the art to utilize Akutsu et a1.k detector with Fan et al.'s 's travel information system so that congestion prediction with high accuracy can be achieved by considering both speed and the pass time of a vehicle (see Akutsu et al. col. 7 lines 25-29).

Conclusion
7.
.

Any inquiry concerning this communication or earlier communications from the

examiner should be directed to Marthe Y. Marc-Coleman whose telephone number is [phone]. The examiner can normally be reached on Monday - Friday (5:30AM 3:OOPM). If attempts to reach the examiner by telephone are unsuccessful, 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 (703)

A000197

ApplicationlControl Number: 091550,476 Art Unit: 3661 305-7687 for regular communications and [phone] for After Final communications.

Page 12

Any inquiry of a general 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 January 18, 2001

fl Yfl

A000198

ApplicationlControl No.

-

I

I

Notice of References Cited

091550,476 Examiner Marthe Y. Marocoleman
U.S. PATENT DOCUMENTS

&pplicant(s)/Patent Under Reexamination DEKOCK ET AL.
Art Unit

.

I
Page 1 of 1

366 1
CLASS

*

I

I

I

I

DOCUMENT NO. A

DATE

NAME

I

SUBCLASS

I DOCUMENT SOURCE "
APS

6107940 6151550 6150961

Aug. 200C J Nov.200C I Nov. 200CI

-. cjnmrn

I

OTHER

0
9c

'I Alewlne et at.
-.

I s ' a ~' a . a n ~ ~ t
I

340

li

L

17

0
0

0M

a
FOREIGN PATENT DOCUMENTS DOCUMENT NO. DATE COUNTRY NAME CLASS SUBCLASS

*

DOCUMENT

SOURCE" APS OTHER

N -6107940

--

--

0

0
0

0

0

0

p

0 0

0

a
0
R

0 0 0 0

0
0

0s

a
*

T
NON-PATENT DOCUMENTS

a
DOCUMENT (Including Author, Title Date, Source, and Pertment Pages)
SOURCE '*

DOCUMENT

APS

OTHER

a

u

0

0

0v
Ow

a
a a
Notice of References Cited Part of Paper No 3

a
0 0

0x
'A copy of thls reference is not being furnished wth th~s Oflice adion. (See Manual of Patent Exarn~ning Procedure, Sect~on 05(a) ) 707 "APS encompasses any eleotron~c search 1.8 text, image, and Cornmerclal Databases.
U S Patent and Trademark OIfum

PTO-892 (Rev. 03-98)

A000199

FORM PTO-1449 (Modified) LIST OF PATENTS AND PUBLICATIONS FOR APPLICANT'S INFORMATION DISCLOSURE STATEMENT
(Use several sheets if necessary)

ATTY. DOCKET NO.
7 1 16.004

I o?/f54 976
GROUP

SERIAL NO.

APPLICANT DeKock, et al. FILING DATE April 14, 2000
REFERENCE DESIGNATION

316/
CLASS SUBCLASS

EXAMINER INITIAL

DOCUMENT NUMBER 1/14/97 5,982,298 11/9/99

NAME Oliva et al. Lappenbusch, et al. Mandhyan, et al.
Fan, et al.

I

APPROPRIATE

31/0

a .0 71
34L3
7/ 0
70 /

Peterson Albrecht, et al. Westerlaee. et al. Akutsu, et al. Pietzsch, et al. Smith, Jr., et al. Oliva

Jones, et al. Ziiderhand FOREIGN PATENT DOCUMENTS TRANSLATION DOCUMENT NUMBER A0 AP OTHER ART (Including Author, Title, Date, Pertinent Pages, Etc.)
I

DATE

COUNTRY

CLASS

SUBCLASS YES NO

EXAMINER
e

-

EXAMINER: Initial if refereze considered, whether or not citation is in conformance with MPEP 609; ~ r & through citation line if not in conformance and not considered. Include copy of this form with next communication to applicant.
Information Disclosure Statement --PTO-1449 (Modified) Added page of

A000200

1 UICM

948 ( R ~ V 01-971

U.S.DEPARTMENT OF COMMERCE-Patent and Trademark OHicc

Application NO.

I

I

NOTICE OF DRAFTPERSON'S PATENT DRAWING REVIEW

The drawing fi$d (insert date) rn: A. not objected to by the Drsftperson under 37 CFR 1.84 or 1.152. objected to by the Draftperson under 37 CFR 1.84 or 1.152 as indicated below. The Examiner will require submission of new, corrected drawings must be submitted according to the instructions on the back of this ~mtice. drawings whe necessary. Co~wcted

&[B

H.L/---

. DRAWINGS. 37 CFR 1.84(a): Acceptable categories of drawings:
Black ink. Color. - - C o l o r drawing are not acceptable until petition is granted. Fig&) - and non black ink is not permitted. Fig(s) Pencil . PHOTOGRAPHS. ' 37 CFR 1.84(b) Photographs are not acceptable until petition is granted, - 3 full-tone sets are required. Fig(s)- Photographs not properly mounted (must brystol board or photographic double-weight paper). Fig@) Poar quailty (half-tone). Fg . i@ ) i TYPE OF PAPER. 37 CFR 1.84(e) P p c r not flexible, strong, white and durable.

7. SECTIONAL VlIlWS. 37 CFR 1.84(h)(3)
Hatching nut indicated for sectional portions of an object. Fig.@) S e c t i o n a l designation should be noted with Arabic or Roman numbers. Fig.(s)8. ARRANGEMENT OF VlEWS 37 CFR 1.84(1) W o r d s do not appeal on a hori~ontal, left-to-right fashion when page is e ~ ~ t iupright or turned, so that the top becomes the dght cr side, except tor graphs Flg.(s) V i e w s not on the same plane on drawing sheet. Fig.@) 9. SCALE. 37 CFR 1.84k) S c a l e not large enough to show mechansim with crowding when drawmg 1s reduced in size to two-thirds in reproduction. Fig.(s)- - _ _ _ - ER Ob I,INL?S, NIJMRERS, B LE1TERS. 37 CPR 1.84(1) Lines, nu~~ibers letters not t~nitormlythick and well d e h d , B

J

Fig.(s)- ---__ Erasures, alteratio~a, overwritings, interlineations. folds, copy machine marks not acceptable. (bethhj .ha n,~ )~ irl -

Fig@). --- .- - .--f -I SIZI? Of; PAPER. 17 CFX 1.84(Fy Acceptable sizes: .-_-. 21.0 cw by 29.7 crn (DIN size A4) - - . 21.6 crn by 27.9 cnr (8 112 x 11 inches) -___ All drawings sheels not the same size. S h e W -.

--

-i-Solid blabk aleas pale hg.(s) -Solid black dtadliig no1 penn~tted.Fig.(s) -Shade liues, ptle, rough and hlu~red.P~g.(s) 12. NUMBERS, I,El'i'ERS, & KEPEKENCE CHARACTERS.

5 MARGINS. 37 CFR 18.4Q): Acceptable margins:

Top 2.5 cm Left 2.5 cin Right 1.5 cm Bottom 1.O cm SIZE: A4 Size op 2.5 cni J,eft 2.5 cm Right 1.5 cm Bottom 1.O cm SIZE 8 1 0 x I1 Margins not acce ble. Fig(s)__ ----.Top (T) ._k _-. (L) Left Bottom (B) -- Riglit (R) 5 VIEWS. CFH 1 84(11) IWMINDER Speciticatiun tnay require revision to correspond to d~awing changes. Views connected by projection lines or lead lines. Rg.is) _ .--P a t ~ aviews 3 1 Ct.R 1.li&h)(2) l -_Brackets nreded to show figure as one entity.

J

Pt"

1

direction as the view j7 CFR 1.84(p)(3)Rg,(slEngligh itrph&et no1 used 37 CPK 1.114(p)(3) Fig.@) Numbexs, letters and refrrcnce characters must be at least .32 a n (118 ill( h) in Iieighr. 37 CPR 1.84(p)(3)Fig.(s) 13.LEAD LINES. 3'1 CbK 1.84(q) L e a d line3 cross each other. Flg.(s] L e a d lmes rmssing. big.(s). 14.NUMBERlNG 0 1 SlikiEl'S OF I rKAWINGS. 37 CFR 1.48(t) ncri iiumbereii t or~~et~ulively, In Ababic numerals and --Sheets

/I

beg inn in^ with nunher 1 Fig (s)-. _ 1S.NUMBERING 01. \JI~!WS 3 t r'R i 84(q V i e w s not nul~ibe~etl r or~secutively, in Abrabic numerals, ar~d

begirrnir~~ numlit, 1 l+g.(s)-- wilt, 16. CORRECTIONS ' 37 CFK I .E-1(w) - C o r r e c l i o n s not triade horn IyI'O-948 dtd ae 17.DESlGN DRAWIIVGS. 3 7 CPK 1 152 - S u r f a c e shdtling shown not app~opnate. JTig,(s) -Solid blat k sltitd~ng used fol color conlrast. riot fig.(sL

PTO COPY

A000201

ATTORNEY DOCKET NO. KLR 7 116.004

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION EXAMINING OPERATIONS Applicant: Serial No.: For: Filed: DeKock 091550,476 Art Unit: Examiner: 3661 Coleman, Marc M.
I '

SYSTEM FOR PROVIDING TRAFFIC INFORMATION April 14,2000

PETITION FOR EXTENSION OF TIME Chernoff, Vilhauer, McClung & Stenzel, LLP 1600 ODs Tower 601 S W Second Avenue Portland, Oregon 97204-3 157 July 19,2001 Commissioner for Patents Washington, D.C. 2023 1 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 Account No. 03-1550. Respectfully submiked,

I

Kevin L. ~ d i s e l l Of Attorneys for Applicant Tele: (503) 227-563 1

A000202

ATTORNEY DOCKET NO. KLR 71 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. 2023 1, on July 19,2001.

Ifevin L. Russell

A000203

ATTORNEY DOCKET NO. KLR 71 16.004

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

Applicant: Serial No.: For: Filed:

DeKock 091550,476

Art Unit: Examiner:

3661 Coleman, Marc M.

SYSTEM FOR PROVIDING TRAFFIC INFORMATION April 14,2000

AMENDMENT

July 19, 200 1 To the Commissioner of Patents Washington, D.C. 2023 1 Sir: In response to the Office Action of January 22,2001, please amend the aboveidentified patent application as follows:

In the Claims:

Please amend the claims as follows:

1. (Amended once) 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

A000204

ATTORNEY DOCKET NO. KLR 7 146.019

representative of vehicular movement and said transmitter transmitting said signals; a receiver, remotely located fiom said transmitter, that receives said signals transmitted by said traffic monitors; and 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 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 traffic monitors.

16. (Amended once) 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

an identification code of said mobile user station and said transmitter
transmitting said signal; (b) a receiver, remotely located from said transmitter that receives said signals transmitted by said user stations; and (c) a computer system interconnected with said receiver and said network, said computer system, in response to a request for information fiom one of said mobile user stations, providing in response thereto to said one of said

A000205

ATTORNEY DOCKET NO. KLR 7146.019

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

REMARKS :

Fan et al., U.S. Patent No. 5,959,577, disclose a system for processing position and travel related information through a data processing station on a data network. In particular, Fan et al. teach the use of a GPS receiver to obtain a measured position fix of a mobile unit. The measured position fix is reported to the data processing station which associates the reported position with a map of the area. Typically, the measured position of the mobile unit is marked and identified by a marker on the map. The area map is then stored in the data processing station and made available for access by authorized monitor units or mobile units. An authorized monitor unit may request a specific area map. This permits shipping companies to monitor the location of their fleet and permits the mobile units to identify their current location in relation to a map, which is particularly suited for the application of navigation to a particular destination. In addition, Fan et al. teach that the measured position data transmitted from the mobile units may be used to calculate the speeds at which the vehicles travel. The collective speed data from the mobile units is then available for use by the monitor units, such as those at the shipping company, to route the vehicles away from traffic congestions and diversions. In this manner, the dispatcher at the shipping company, to which Fan et al. teaches the data is available to, may use the collective speed data to decide which vehicles to contact in order to reroute them. With respect to claim 1, the Examiner interprets part (a) to incorporate a GPS receiver and its associated transmitter (mobile unit 1 or 3), as shown in FIG. 1 of Fan et al. Also, the Examiner interprets part (b) to include the GPS receiver of the mobile unit (mobile unit 1 or 3), as shown in FIG. 1 of Fan et al. Further, the Examiner interprets part (d) to include the mobile unit (mobile unit 1 or 3), as shown in FIG. 1 of Fan et al. In essence, the Examiner seems to be suggesting that parts (a), (b), and (d) of claim 1 are the GPS receiver of the mobile unit and its associated transmitter.

A000206

ATTORNEY DOCKET NO. KLR 7 146.019

Claims 1 and 16 have been amended to c h i @ 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 traffic congestions and diversions. In this manner a dispatcher at a shipping company (e.g., an authorized monitor unit) can decide which vehicles to contact in order to reroute them. 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 1 patentably distinguishes over Fan et al. by claiming that the computer system, in response to a request for traffic 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 system, 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 unit", 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.

A000207

ATTORNEY DOCKET NO. KLR 71 46.019

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,

1

h v i n L. Russell Reg. No. 38,292 Chernoff, Vilhauer, McClung, & Stenzel, LLP 1600 ODs Tower 601 SW Second Avenue Portland, OR 97204 Tel. No. (503) 227-563 1

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 Fee Amendment, Commissioner for Patents, Washington, D.C. 2023 1 on July 18,2001.

Dated: July 19,2001 d v i n L. Russell

A000208

ATTORNEY DOCKET NO. KLR 7 146.019

--.I
4-

,.)

I.,

-. , u

@

1 C"?

f '

.l-+(Amended once) A system for providing traffic information to a plurality of mobile users conneEte$-tQ a network, comprising: (a) plurality of traffic monitors, each said traffic monitor comprising at least a dete6-d a transmitter, said detector providing a signal including data and said transmitter transmitting said transmitter, that receives said signals a computer system interconnected with said-receiver and said network; a mobile user station connected to a global positionisg system receiver, a . . display, and a communicating device; and said computer system, in response to a request for traffic informM-from (e) one of said mobile user stations, providing in response thereto to said said mobile user stations traffic information representative of said signals -- - -.- ------.transmitted by said traffic monitors. -.-- -. - - - - *.---..-.---(c) (d)
a -

.--A

.
+A*--.."

--

.
"

.

"-&A -

mended once) A system for providing traffic information to a plurality of mobile network, comprising: comprising at least a mobile user receiver and a transmitter, said mobile including data representative of a location of least one of a speed of said vehicle and an and said transmitter \ transmitting said signal; a receiver, remotely located from s~d%aqsmitter receives said signals that (b) . transmitted by said user stations; and a computer system interconnected with said receiv-d said network, said (c) computer system, in response to a request for informatio%rqm one of said mobile user stations, providing in response thereto to said one user stations information representative of said signals transmitted b mobile user stations.

.

A000209

/"
LAW O F F I C E S

CHER~~FF, VILHAUER,MCCLUNG& STENZEL, LLP
JACOB VILHAUER, J R . E. ' DENNIS E. S T E N Z E L CHARLES D . MCCLUNG D O N A L D a. HASLETT ' J. P E T E R S T A P L E S 'W I L L I A M 0. E N Y G ' NANCY J . MORIARTY JULIANNE R. DAVIS B R U C E W. D E K O C K ' KEVIN L . RUSSELL

t
TIM A. LONG KURT ROHLFS B R E N N A K. L E G A A R D REGISTERED PATENT ATTORNEY DAVID S. FINE SENIOR LAW CLERK

INTELLECTUAL PROPERTY L A W INCLUDING PATENT. TRADEMARK. COPYRIGHT AND UNFAIR COMPETITION MATTERS

1 0 O D s TOWER 60

601 5.W S E C O N D A V E N U E
ORTLAND.

OREGON 97204-3157
( 5 0 3 ) 227-5631

TELEPHONE: DANIEL P. CHERNOFF (1935-1995)

FAX: ( 5 0 3 )

228-4373

July 19,2001
Our File: 7116.004

Box FEE AMENDMENT Commissioner for Patents Washington, D.C. 2023 1 Re: United States Application Serial No.09/550,476 Filed: April 14,2000 For: SYSTEM FOR PROVIDING TRAFFIC INFORMATION

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

1.
2. 3. 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 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
000152.

Respectfully submitted,

Kevin L. Russell Reg. No. 38,292 Attorney for Applicant KLR:djs Enclosures

/ &

~ECEIVED
JUL 2 7 2~lol
'tim~a41&M&. @Q(EM

A000210

CHERN
' J A C O B E. V I L H A U E R . J R . ' D E N N I S E STENZEL

-

L A W OFFICES

FF, VILHAUER,MCCLUNG&

STENZEL, ,LP

'DONALD 8 . H A ~ L E T T ' J. P E T E R S T A P L E S S
'WILLIAM 0 . GENY N A N C Y J. MORIARTY J U L I A N NR D A V I S E BRUCE W DEKOCK K E V I N L RUSSELL

INTELLECTUAL PROPERTY LAW I N C L U D I N GP A T E N T . R A D E M A R K . T C O P Y R I G H TAND U N F A I R COMPETITION M A T T E R S

1600 O D s TOWER

601 5 W SECOND 4VENUE PORTLAND OREGON 97204-3157
TELEPHONE

( 5 0 3 ) 227-5631

FAX.( 5 0 3 ) 228-4373

July 19,2001
Our File: 71 16.004

Box FEE AMENDMENT Commissioner for Patents Washington, D.C. 2023 1 Re: United States Application Serial No.09/550,476 Filed: April 14,2000 For: SYSTEM FOR PROVIDING TRAFFIC INFORMATION

Dear Sir: Enclosed are the following documents regarding the above-referenced patent application:
1. 2. 3. 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 or credit any overpayment to Deposit Account No. 03-1550. A duplicate copy of this letter is enclosed. Please address all con~munications regarding the above-identified patent to Chernoff, Vilhauer, McClung & Stenzel, LLP at the then current address for payor number 000 152. Respectfully submittedaE~

E J V EI >

Kevin L. Russell 9 u 3 6 0 0 MA~LRQ'' Reg. No. 38,292 Attorney for Applicant KLR:dj s Enclosures

/

,,2ue

A000211

!&,

FEE TRANSMITTAL for FY 2001
Patent fees are subject to annual revision. TOTAL AMOUNT OF PAYMENT

Complete If Known pplication Number Filing Date First Named Inventor Examiner Name
I
I

109/550.476 I l ~ p r i14, 2000 l

$/

DeKock Coleman, Marc M.

I

$445

METHOD OF PAYMENT (check one)
. IXI The Commissioner is hereby authorized to charge the idicated fees and credit any over payments to:

FEE CALCULATION (continued)

. ADDITIONAL FEES
rrge Entity Small Entity Fee Description Fee Paid -ee Fee Fee Fee :ode ($) Code ($)
105 130 205

)eposit Account lumber beposit Account Name

03-1550

Ncharge any additional fee required under 37 CFR 1.16 &
17

65 Surcharge - late filing fee or oath

n
H
rn

. IXI Payment Enclosed
check Credit Card Money Order Other

127 139 147 112 113

50 227 130 139 2.520 920' 1840' 147 112 113

25 Surcharge-late provisionalfiling fee or cover

sheet 130 Non-English specification
2.520 For filing a request for reexamination . 920' Requesting publicationof SIR prior to Examiner

FEE CALCULATION . BASIC FILING FEE .arge Entity Small Entity Fee Fee Fee Fee

action
1840' Requesting publicationof SIR after Examiner

action 115
110 215 390 216 890 217 1,390 218 1,890 228 310 219 310 220 270 221 1,510 138 110240 1,240 241 1,240 242 440 243 244 130 122 50123 240 126 55 Extension for reply within first month 195 Extension for reply within second month 445 Extension for reply within third month 695 Extension for reply within fourth month 945 Extension for reply within fifth month 155 Notice of Appeal 155 Filing a brief in support of an appeal 135 Request for oral hearing 1,510 Petition to institute a public use proceeding 55 Petition to revive - unavoidable 620 Petition to revive - unintentional 620 Utility issue fee (or reissue) 220 Design issue fee 300 Plant issue fee 130 Petitions to the Commissioner 50 Petitions related to provisional applications 240 Submission of Information Disclosure 116 117 118 128

101 106 107 108 114

710 320 490 710 150

201 206 207 208 214

355 160 245 355 75

Utility filing fee . . Design filing fee Plant filing fee Reissue filing fee Provisionalfiling fee SUBTOTAL (1)

n
I
I
$0

119 120 121 138 140 141 142 143

I

!. EXTRA CLAIM FEES

Extra Claims

-20- = rota1 Claims ndep. Claims - 3** = vlultiple Dependent or number of previouslypaid, if greater. For reissues, see ,elow.

m;riIm
Fee from below Fee Paid

144 B O I=-O 122 123 126 581

Large Entity Fee Cod e
103 102 104 109 110

Small Entity Fee Code
203 202 204 209 210

Statement Fee
($)

Fee
($) 9 40 135 40 9

40 581

40 Recording each patent assignment per property

Fee Description Claims in excess of 20 Independent claims in excess of 3 Multiple dependent claim, if not paid "Reissue independent claims over original patent *Reissue claims in excess of 20 and over original patent SUBTOTAL (2)
$0 146 149 169 710 246 710 249 900 169

(times number of properties)
355 Filing a submission after final rejection (37 C.F.R. 1.12Q(a)) 355 For each additional invention to be examined (37 C.F.R. 1.129(b)) 900 Request for Expedited Examination of a Design

tt$445

18 80 270 80 18

lther (specify)

Application Advance Order of three copies of the patent

Reduced bv Basic Filina Fee Paid Com~lete a~olicable) (if . Registration No.

SUBTOTAL (31

1

SUBMITTED BY

.

..

Name (print type)

Telephone
I

[phone]
July 19,2001

Kevin L. Russell
Signature

I

38,292

//M/U/

Date

A000212

UNITED &TATES DEPARTMENT OF COMMERCE Patent and Trademark Office
Address:
COMMISSIONER OF PATENTS AND TRADEMARKS Waahlngton, D.C. 20231

APPLICATION NO.
!

)

FILING DATE
.

I
DE[<:C)[:: K

FIRST NAMED INVENTOR TI;

I

/= .- I

ATTORNEY DOCKET NO.

1 - 1- i 1

!i

II

'

I j,

1

/)

t lJi,...'? 18. (304 3. 1
EXAMINER

r
$
.?,I>'

7
PM82/0824
i . 2 L.J~:.
Q[j::,
..

ic,ijQ

KOi' :K .'/("jw[:H

>.;

I ~ ; lil:i:rijr\.!D

AVEMIJE

I

k,,i/\)..,;.-

,-.( , I f:r,q
-'

'

ijiiiNTj'

-T'

"%bEk

nn

NUMBER

1

i

. O F : ~ '!:.I\J[I L

qI.';1 97204

. :t',1;-1 DATE MAILED:

6
08/24j'O'l

Please find below andlor attached an Office communication concerning this application or proceeding.
Commi88loner ot Palnta and Tradamarks

PTO-BOC (Rev. 2/85)

1- File Copy

'US. GPO: 2000-473-000144602

A000213

Application No. I

Applicant(s)
I

I
-

Office Action Summary

Examiner

I Art Unit
3661

Period for Reply

-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --

Marthe Y. Marc-Coleman

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE _3 MONTH(S) FROM THE MAILING DATE OF THIS COMMUNICATION.

-

Extensionsof tlme may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed afler SIX (6) MONTHS from the mailing date of this communication. If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirly (30) days will be considered timely. If NO period for reply is specified above, the maximum statulory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure lo reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). Any reply received by the Office later than three months afler the mailing date ofthis communication,even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status

I

1

)

I

Responsive to communication(s) filed on 24 Julv 2001 . This action is FINAL. 2 b ) 0 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 pade Quayle, 1935 C.D. 11,453 .O.G. 213.

2a)m 3)0

I Disposition of Claims

/

I I I II
(

4)m Claim@) 1-38 istare pending in the application. 4a) Of the above claim(s) islare withdrawn from consideration. 5)m Claim(s) 25-38 islare allowed.
6)m Claim(s) 1-4.6.7 and 9-24 istare rejected.

7 a Clairn(s) 5 and 8 istare objected to. )

8)O Claim@)

are subject to restriction and/or election requirement.

I Application Papers

I

I

g ) u The specification is objected to by the Examiner. 1O)O The drawing@)filed on islare: a)O accepted or b)O 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).

I I I1 I
1
I

1 l ) m The proposed drawing correction filed on

is: a ) O approved b ) n disapproved by the Examiner

If approved, corrected drawings are required in reply to this Office action

1 9 0 The oath or declaration is objected to by the Examiner. Priority under 36 U.S.C.

55 119 and 120

1 3 ) U Acknowledgment is made of a claim for foreign priority under 35 U.S.C. !j 119(a)-(d) or (0. a ) n All b ) n Some * c ) O None of: 1

.aCertified copies of the priority documents have been received.
,

2 . 0 Certified copies of the priority documents have been received in Application No.

3 . 0 Copies of the certified copies of the priority documents have been received in this National Stage 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. 1 4 ) u Acknowledgment is made of a claim for domestic priority under 35 U.S.C. 9 119(e) (to a provisional application). a) q The translation of the foreign language provisional application has been received. 1 5 ) 0 Acknowledgment is made of a claim for domestic priority under 35 U.S.C. $5 120 andtor 121.
1) 2) 3)

0

Notice of References Cited (PTO-892) Notice of Draftsperson's Patent Drawing Review (PTO-948) Information Disclosure Statement(@ (PTO-1449) Paper No@).

4) 5) 6)

Interview Summary (PTO-413) Paper No(s). -. Notice of Informal Patent Application (PTO-152) Other:

A000214