EXHIBIT 3008
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`Atty. Dkt. No. 080200-0325
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`IN THE UNITED STATES PATENTAND TRADEMARK OFFICE
`
`In re Ex Parte Reexamination of
`
`U.S. Patent No. 8,121,872
`
`Examiner: Cameron SAADAT
`
`Control No. 90/012,432
`
`GAU: 3992
`
`Reexam Filing Date: 08/14/2012
`
`Confirmation No. 9936
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`Title: SYSTEM AND METHOD FOR
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`ALLOCATING SEATS FOR A TICKETED
`
`EVENT
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`AMENDMENT AND REPLY UNDER 37 CFR 1.116
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`
`Commissioner for Patents
`
`P.O. Box 1450
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`Alexandria, VA 22313-1450
`
`Sir:
`
`This communication is responsive to the Office Action dated August 2, 2013, in
`
`connection with the above-referenced reexamination of U.S. Patent No. 8,121,872 (“the ‘872
`
`patent”).
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this document.
`
`Remarks/Arguments begin on page 7 of this document.
`
`Please amend the patent as follows:
`
`4838-8339-30452
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`
`
`Atty. Dkt. No. 080200-0325
`
`IN THE UNITED STATES PATENTAND TRADEMARK OFFICE
`
`In re Ex Parte Reexamination of
`
`U.S. Patent No. 8,121,872
`
`Examiner: Cameron SAADAT
`
`Control No. 90/012,432
`
`GAU: 3992
`
`Reexam Filing Date: 08/14/2012
`
`Confirmation No. 9936
`
`Title: SYSTEM AND METHOD FOR
`
`ALLOCATING SEATS FOR A TICKETED
`
`EVENT
`
`AMENDMENT AND REPLY UNDER 37 CFR 1.116
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`This communication is responsive to the Office Action dated August 2, 2013, in
`
`connection with the above-referenced reexamination of U.S. Patent No. 8,121,872 (“the ‘872
`
`patent”).
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this document.
`
`Remarks/Arguments begin on page 7 of this document.
`
`Please amend the patent as follows:
`
`4838-8339-30452
`
`
`
`Amendments to the Claims:
`
`This listing of claims will replace all prior versions and listings of claims in the
`
`Atty. Dkt. No. 080200-0325
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`application:
`
`Listing of Claims:
`
`1.
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`(twice amended) A method for allocating ticketed event seats with a device
`
`having a processor coupled to an interface and a database, the method comprising:
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`the device presenting a purchaser with an option of ggouping of seats based on a number
`
`of tickets indicated by the purchaser and a best ggouping selection made by the processor;
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`receiving, at ‘tl1_e[a] device, a request for a number of seats at a ticketed event;
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`the device selecting a first seat wherein the first seat is determined to be a best unassigned
`
`seat at the ticketed event; [and]
`
`the device determining a best grouping of seats wherein the best grouping of seats
`
`includes the number of seats requested and further wherein the best grouping of seats comprises
`
`the best unassigned seat at the ticketed event; and
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`the device presenting said best ggouping of seats to the purchaser for selection by the
`
`purchaser,
`
`wherein the first seat is determined to be a best unassigp ed seat at the ticketed event
`
`according to a definition based on the ticketed event, wherein the definition is set by a ticket
`
`seller.
`
`2.
`
`Cancel.
`
`3.
`
`(amended) The method of claim [2] 1, wherein each seat in the best grouping of
`
`seats share [adjoining seats in a group are seats sharing] a boundary with at least one other seat in
`
`the group so that the ggouping of seats is contiguous.
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`4.
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`(amended) The method of claim 1, wherein [determining a best grouping of seats
`
`comprises identifying] unassigned seats in the best grouping of seats include seats [at the ticketed
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`4838-8339-30452
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`
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`events] that [are adjoining each other,] are located in more than one row[, and total the number of
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`Atty. Dkt. No. 080200-0325
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`seats requested].
`
`5.
`
`Cancel.
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`6.
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`(amended) The method of claim [5] l, further comprising receiving a
`
`communication to reserve the determined best grouping of seats.
`
`7.
`
`(amended) The method of claim [5] l, further comprising receiving a
`
`communication to identify a next best grouping of seats, wherein a next best grouping of seats
`
`includes the number of seats requested and further wherein the next best grouping of seats
`
`comprises the next best unassigned seat at the ticketed event.
`
`8.
`
`(amended) The method of claim [5] l, further comprising receiving a definition of
`
`best seat from a ticket purchaser.
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`9.
`
`(twice amended) A system that identifies groupings of available seats to be
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`allocated for a ticketed event, the system comprising:
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`a database containing seating information for the ticketed event;
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`a communication interface that receives a request for a number of seats at a ticketed
`
`event; and
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`a [programmed] processor [that determines] programmed to:
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`present a purchaser with an option of grouping of seats based on a number of tickets
`
`indicated by the purchaser and a best grouping selection made by the processor;
`
`select a first seat wherein the first seat is determined to be a best unassigned seat at the
`
`ticketed event [and a] ;
`
`determine a best grouping of seats wherein the best grouping of seats includes the number
`
`of seats requested and further wherein the best grouping of seats comprises the best unassigned
`
`seat at the ticketed event; and
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`4838-8339-30452
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`Atty. Dkt. No. 080200-0325
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`present said best grouping of seats to the purchaser for selection by the purchaser,
`
`wherein the first seat is determined to be a best unassigp ed seat at the ticketed event
`
`according to a definition based on the ticketed event, wherein the definition is set by a ticket
`
`seller.
`
`l0.
`
`(amended) The system of claim 9, wherein each seat in the best grouping of seats
`
`[comprises seats in a group where the seats in the group] share a boundary with at least one other
`
`seat in the grouping so that the grouping of seats is contiguous.
`
`ll.
`
`Cancel.
`
`12.
`
`The system of claim 9, wherein the processor determines a next best grouping of
`
`seats if the best seat unassigned at the ticketed event does not have a grouping of proximate seats
`
`totaling the number of seats requested.
`
`l3.
`
`The system of claim 9, wherein the programmed processor determines more than
`
`one grouping of seats wherein each of the more than one grouping of seats includes the number
`
`of seats requested.
`
`l4.
`
`The system of claim l3, wherein the communication interface receives a selection
`
`of the more than one grouping of seats.
`
`l5.
`
`The system of claim 9, wherein the communication interface is coupled to the
`
`Internet.
`
`16.
`
`Cancel.
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`4838-8339-30452
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`
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`Atty. Dkt. No. 080200-0325
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`l7.
`
`(twice amended) A system that allocates seats for a ticketed event, the system
`
`comprising:
`
`means for presenting a purchaser with an option of grouping of seats based on a number
`
`of tickets indicated by the purchaser and a best grouping selection made by the processor;
`
`means for receiving a request for a number of seats at a ticketed event;
`
`means for determining a best unassigned seat at the ticketed event, said best unassigned
`
`seat being determined by the device according to a definition based on the ticketed event; [and]
`
`means for determining a best grouping of seats wherein the best grouping of seats
`
`includes the number of seats requested and further wherein the best grouping of seats comprises
`
`the best unassigned seat at the ticketed event; and
`
`means for presenting said best grouping of seats to the purchaser for selection by the
`
`purchaser,
`
`wherein the definition is set by a ticket seller.
`
`l8.
`
`(amended) The system of claim l7, wherein each seat in the best grouping of seats
`
`[comprises seats in a group where the seats in the group] share a boundary with at least one other
`
`seat in the grouping, so that the grouping of seats is contiguous.
`
`l9.
`
`Cancel.
`
`20.
`
`(amended) The system of claim l7, further comprising means for dividing said
`
`best grouping of seats into sub-groups [identifying sub-grouping of seats wherein the sub-
`
`grouping of seats includes the number of seats requested and further wherein the sub-grouping of
`
`seats comprises a best unassigned seat at the ticketed event].
`
`21.
`
`The system of claim 20, wherein the sub-grouping of seats comprises two sub-
`
`groups.
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`22.
`
`The system of claim 17, wherein criteria for seats in a group is adjustable by
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`Atty. Dkt. No. 080200-0325
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`selection from a ticket purchaser.
`
`Cancel claims 23, 24, and 25.
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`4838-8339-30452
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`Atty. Dkt. No. 080200-0325
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`REMARKS
`
`Patent Owner respectfully request reconsideration of the rejection of claims 1, 3-4, 6-10,
`
`12-15, 17-18, and 20-24 in View of the foregoing amendments and the reasons that follow.
`
`1.
`
`Status of Claims and Amendments
`
`Claims 1-22 were subject to reexamination. Claims 2, 5, 11, 16, and 19 were canceled by
`
`previous amendment. Claims 23-25 were added by previous amendment. Patent Owner
`
`proposes: amending claims 1, 9, and 17 and canceling claims 23-25. Upon entry, claims 1, 3-4,
`
`6- 1 0, 12-15, 17-18, and 21-22 will be presented for consideration and reexamination.
`
`Independent claim 1 is amended so that previous language in line 5 of “receiving, at a
`
`device” is replaced with “receiving, at the device.” This amendment corrects the ambiguity
`
`identified in the Office Action. See Office Action at 2-3.
`
`Independent claims 1, 9, and 17 are amended to incorporate the limitations of claims 23,
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`24, and 25, respectively.
`
`The limitations previously recited in claims 23 and 24 which are added to claims 1 and 9,
`
`respectively, are amended to ensure antecedent basis for the term “the definition” so as to resolve
`
`the § 112 1] 2 issues identified by the Examiner. See Office Action at 2.
`
`II.
`
`Re°ecti0n of Claims 1 and 23-24 Under 35 U.S.C.
`
`112
`
`2
`
`The Office Action rejects claims 1 and 23-24 under 35 U.S.C. § 112 1] 2 as being
`
`indefinite. Patent Owner has cancelled claims 23 and 24 and amended claims 1 and 9 to address
`
`these grounds of rejection. Patent Owner respectfully requests that these rejections be
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`withdrawn.
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`III.
`
`Rejection of Claims 1-22 Under 35 U.S.C. § 1031a}
`
`The Office Action rejects claims 1, 3-4, 6-10, 12-15, 17-18, and 20-22 under 35 U.S.C. §
`
`103(a) as being unpatentable over European Patent Application Publication 1091308
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`(“Silberschatz”) in view of US Patent Application Publication 2002/0023041 (“Brett”).
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`4838-8339-30452
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`-7-
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`
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`Atty. Dkt. No. 080200-0325
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`Independent claims l, 9, and l7 have been amended to incorporate features that the Office
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`Action acknowledges as patentable over the prior art. See Office Action at 25-26. For at least
`
`this reason, Applicants respectfully request that these rejections be withdrawn.
`
`III.
`
`Conclusion
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`The Examiner is invited to contact the undersigned by telephone if it is felt that a
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`telephone interview would advance the prosecution of the present reexamination.
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`The Commissioner is hereby authorized to charge any additional fees which may be
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`required regarding this application under 37 C.F.R. §§ l.l6-l .l7, or credit any overpayment, to
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`Deposit Account No. l9-0741. Should no proper payment be enclosed herewith, as by the credit
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`card payment instructions in EFS-Web being incorrect or absent, resulting in a rejected or
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`incorrect credit card transaction, the Commissioner is authorized to charge the unpaid amount to
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`Deposit Account No. l9-074l. If any additional extension of time is needed for timely
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`acceptance of papers submitted herewith, Applicant hereby petitions for such extension under
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`37 C.F.R. §l.l36 and authorizes payment of any such extensions fees to Deposit Account
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`No. 19-0741 .
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`Respectfully submitted,
`
`Date: September 30, 2013
`
`By /George C. Beck/
`
`FOLEY & LARDNER LLP
`Customer Number: 22428
`Telephone:
`(202) 672-5300
`Facsimile:
`(202) 672-5399
`
`George C. Beck
`Attorney for Applicant
`Registration No. 38,072
`
`4838-8339-30452
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