UNITED STATES PATENT AND TRADEMARK OFFICE
`
`EXHIBIT 3009
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`APPLICATION NO.
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`F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`90/012,432
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`08/14/2012
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`8121872
`
`1000-2739 Reexam 3
`
`9936
`
`10/23/2013
`7590
`22428
`FOLEY AND LARDNER LLP
`SUITE 500
`3000 K STREET NW
`WASHINGTON, DC 20007
`
`EXAMINER
`
`SAADAT, CAMERON
`
`ART UNIT
`
`3992
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`MAIL DATE
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`10/23/2013
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
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`

`
` TJNI TED S '.['ATE'F_-1 PATEN T AND TRADEE-‘IARK QFFI CE
`
`Cornrnis-sinner for Patents
`United States Patent and Tradernark Office
`F'.O. Elo;~t145I:i
`Alexaridria, VA 2231 3-1 450
`vuvu-wuspto.gmr
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS)
`
`ORTIZ & LOPEZ, PLLC
`
`P.O. BOX 4484
`
`ALBUQUERQUE, NM 87196-4484
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`EX PARTE REEXAMINATION COMMUNICATION TRANSM|'|'|'AL FORM
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`REEXAMINATION CONTROL NO. 90/012 432.
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`PATENT NO. 8121872.
`
`ART UNIT 3992.
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`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parfe reexamination requester will be
`acknowledged or considered (37 CFR 1.550(g)).
`
`PTOL—465 (Rev.O7—O4)
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`

`
`Control No.
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`Patent Under Reexamination
`
`Notice of Intent to Issue
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`90/012432
`
`Ex Parte Reexamination Certificate
`
`Examiner
`
`CAMERON SAADAT
`
`8121872
`
`Art Unit
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`3992
`
`AIA (First Inventor to File)
`Status
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`
`1. IX! Prosecution on the merits is (or remains) closed in this ex parte reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition. Cf. 37 CFR 1.313(a). A Certificate will be issued
`in view of
`
`IX! Patent owner’s communication(s) filed: 30 Segtember 2013.
`(a)
`b) D Patent owner’s failure to file an appropriate timely response to the Office action mailed:
`I:I Patent owner’s failure to timely file an Appeal Brief (37 CFR 41.31).
`I:I The decision on appeal by the El Board of Patent Appeals and interferences I:I Court dated
`
`e Reexamination Certificate will indicate the following:
`Change in the Specification:
`I:I Yes IXI No
`Change in the Drawing(s):
`I:I Yes IXI No
`Status of the Claim(s):
`
`(1
`.
`) Patent claim(s) confirmed:
`(2)
`Patent claim(s) amended (including dependent on amended claim(s)): See Continuation Sheet
`(3) Patent claim(s) canceled: 2 5 11 16 and 19.
`(4) Newly presented claim(s) patentable:
`(5) Newly presented canceled claims: 23-25.
`(6) Patent claim(s) I] previously I:I currently disclaimed:
`(7) Patent claim(s) not subject to reexamination:
`
`3. I] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`4. IX! Note the attached statement of reasons for patentability and/or confirmation. Any comments considered necessary
`by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly to avoid
`processing delays. Such submission(s) should be labeled: “Comments On Statement of Reasons for Patentability
`and/or Confirmation.”
`
`5. IXI Note attached NOTICE OF REFERENCES CITED (PTO—892).
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`6. D Note attached LIST OF REFERENCES CITED (PTO/SB/O8 OI‘ PTO/SB/08 substitute).
`
`7. I] The drawing correction request filed on
`
`is:
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`I:I approved
`
`I:I disapproved.
`
`8. I] Acknowledgment is made of the priority claim under 35 U.S.C. § 119( )-(d) or (f).
`a)I:I All
`b)I:I Some*
`c)I:l None
`of the certified copies have
`I:I been received.
`I:I not been received.
`.
`I:I been filed in Application No.
`.
`I:I been filed in reexamination Control No.
`I:l been received by the International Bureau in PCT Application No.
`
`* Certified copies not received:
`
`9.
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`I:I Note attached Examiner’s Amendment.
`
`10. I] Note attached Interview Summary (PTO-474).
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`11. I] Other:
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`All correspondence relating to this reexamination proceeding should be directed to the Central Reexamination Unit at
`the mail, FAX, or hand-carry addresses given at the end of this Office action.
`
`/Cameron Saadat/
`
`Primary Examiner, Art Unit 3992
`
`cc: Requester (if third party requester)
`U.S. Patent and Trademark Office
`PTOL-469 (Rev. 08-13)
`Notice of Intent to Issue Ex Parte Reexamination Certificate
`
`Part of Paper No 20131001
`
`

`
`Continuation Sheet (PTOL-469)
`
`Reexam Control No. 90/012,432
`
`Continuation of (2) Patent c|aim(s) amended: 1,3,4,6—10,12—15,17,18 and 20-22.
`
`

`
`Application/Control Number: 90/012,432
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`Page 2
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`Art Unit: 3992
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`The present application is being examined under the pre-AIA first to invent provisions.
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`STATEMENT OF REASONS FOR PATENTABILITY AND/OR CONFIRMATION
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`The following is an examiner's statement of reasons for patentability and/or confirmation
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`of the claims found patentable in this reexamination proceeding:
`
`Claims 1, 3-4, 6-10, 12-15, 17-18, and 20-22 are allowed. The prior art of record fails to
`
`disclose a best unassigned seat determined by the processor/device wherein the best unassigned
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`seat definition is set by a ticket seller, as required by independent claims 1, 9, and 17.
`
`Silberschatz, for instance, allows a ticket purchaser to set seat constraints (define the best
`
`seat(s)). These seat constraints/preferences are received by the ticket processing system
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`(computer 100) which determines a best grouping of seats based on the given purchaser
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`constraints/preferences. However, Silberschatz does not disclose, teach, or suggest that the best
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`seat definition is set by a ticket seller.
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`Any comments considered necessary by PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by the
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`patent owner should be labeled: "Comments on Statement of Reasons for Patentability and/or
`
`Confirmation" and will be placed in the reexamination file.
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`Conclusion
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`All correspondence relating to this ex parte reexamination proceeding should be directed:
`
`By EFS:
`
`By mail to:
`
`Registered users may submit via the electronic filing system EFS-web, at
`htt s://efs.usg to. 0v/efile/mvMortal/efs-reoistered
`Attn: Mail Stop “Ex Parte Reexam”
`Central Reexamination Unit
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria VA 22313-1450
`
`

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`Application/Control Number: 90/012,432
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`Page 3
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`Art Unit: 3992
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`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314.
`
`For EFS—Web transmissions, 37 CFR l.8(a)(l)(i) (C) and (ii) states that correspondence
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`(except for a request for reexamination and a corrected or replacement request for
`
`reexamination) will be considered timely filed if (a) it is transmitted Via the Off1ce’s electronic
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`filing system in accordance with 37 CFR l.6(a)(4), and (b) includes a certificate of transmission
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`for each piece of correspondence stating the date of transmission, which is prior to the expiration
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`of the set period of time in the Office action.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner, or as to the status of this proceeding, should be directed to the Central Reexamination
`
`Unit at telephone number (571) 272-7705.
`
`/Cameron Saadat/
`
`Primary Examiner
`Art Unit 3992
`
`Conferees:
`
`/J . W./
`
`Primary Examiner, Art Unit 3992
`
`/Woo H. Choi/
`
`Supervisory Patent Reexamination Specialist, Art Unit 3992