EXHIBIT 1003
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`EXHIBIT 1003
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`EXHIBIT 1003
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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
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`Reexam Filing Date: 08/14/2012
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`Confirmation No. 9936
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`Title: SYSTEM AND METHOD FOR
`
`ALLOCATING SEATS FOR A TICKETED
`
`EVENT
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`AMENDMENT AND REPLY UNDER 37 CFR 1.116
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`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`
`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`Sir:
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`This communication is responsive to the Office Action dated August 2, 2013, in
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`connection with the above-referenced reexamination of U.S. Patent No. 8,121,872 (“the ‘872
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`patent”).
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`Amendments to the Claims are reflected in the listing of claims which begins on page 2
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`of this document.
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`Remarks/Arguments begin on page 7 of this document.
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`Please amend the patent as follows:
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`4838-8339-30452
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`
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`Amendments to the Claims:
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`This listing of claims will replace all prior versions and listings of claims in the
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`Atty. Dkt. No. 080200-0325
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`application:
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`Listing of Claims:
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`1.
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`(twice amended) A method for allocating ticketed event seats with a device
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`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
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`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
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`seat at the ticketed event; [and]
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`the device determining a best grouping of seats wherein the best grouping of seats
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`includes the number of seats requested and further wherein the best grouping of seats comprises
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`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
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`purchaser,
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`wherein the first seat is determined to be a best unassigp ed seat at the ticketed event
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`according to a definition based on the ticketed event, wherein the definition is set by a ticket
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`seller.
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`2.
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`Cancel.
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`3.
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`(amended) The method of claim [2] 1, wherein each seat in the best grouping of
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`seats share [adjoining seats in a group are seats sharing] a boundary with at least one other seat in
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`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
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`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].
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`5.
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`Cancel.
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`6.
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`(amended) The method of claim [5] l, further comprising receiving a
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`communication to reserve the determined best grouping of seats.
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`7.
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`(amended) The method of claim [5] l, further comprising receiving a
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`communication to identify a next best grouping of seats, wherein a next best grouping of seats
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`includes the number of seats requested and further wherein the next best grouping of seats
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`comprises the next best unassigned seat at the ticketed event.
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`8.
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`(amended) The method of claim [5] l, further comprising receiving a definition of
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`best seat from a ticket purchaser.
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`9.
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`(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
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`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
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`indicated by the purchaser and a best grouping selection made by the processor;
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`select a first seat wherein the first seat is determined to be a best unassigned seat at the
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`ticketed event [and a] ;
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`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
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`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,
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`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.
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`(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.
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`ll.
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`Cancel.
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`12.
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`The system of claim 9, wherein the processor determines a next best grouping of
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`seats if the best seat unassigned at the ticketed event does not have a grouping of proximate seats
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`totaling the number of seats requested.
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`l3.
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`The system of claim 9, wherein the programmed processor determines more than
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`one grouping of seats wherein each of the more than one grouping of seats includes the number
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`of seats requested.
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`l4.
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`The system of claim l3, wherein the communication interface receives a selection
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`of the more than one grouping of seats.
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`l5.
`
`The system of claim 9, wherein the communication interface is coupled to the
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`Internet.
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`16.
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`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:
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`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
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`seat being determined by the device according to a definition based on the ticketed event; [and]
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`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
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`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.
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`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.
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`l9.
`
`Cancel.
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`20.
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`(amended) The system of claim l7, further comprising means for dividing said
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`best grouping of seats into sub-groups [identifying sub-grouping of seats wherein the sub-
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`grouping of seats includes the number of seats requested and further wherein the sub-grouping of
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`seats comprises a best unassigned seat at the ticketed event].
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`21.
`
`The system of claim 20, wherein the sub-grouping of seats comprises two sub-
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`groups.
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`4838-8339-30452
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`22.
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`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
`
`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.
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`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,
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`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
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`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,
`
`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
`
`withdrawn.
`
`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
`
`(“Silberschatz”) in view of US Patent Application Publication 2002/0023041 (“Brett”).
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`4838-8339-30452
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`-7-
`
`
`
`Atty. Dkt. No. 080200-0325
`
`Independent claims l, 9, and l7 have been amended to incorporate features that the Office
`
`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.
`
`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
`
`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
`
`No. 19-0741 .
`
`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
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Inter Partes Reexamination of
`
`U.S. Patent No.: 8,121,872
`
`Examiner: Cameron SAADAT
`
`Reexam Filing Date: August 14, 2012
`
`Group Art Unit: 3992
`
`Control No.: 90/012,432
`
`Confirmation No. 9936
`
`Title: SYSTEM AND METHOD FOR ALLOCATING
`
`SEATS FOR A TICKETED EVENT
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the Amendment and Reply Under 37 CFR
`
`1.1 16, and this certificate were served on September 30, 2013, on counsel of record for the
`
`Requester as shown, via first class mail to:
`
`Richard H. Krukar
`
`ORTIZ & LOPEZ, PLLC
`z
`,.P ' 4
`196—44f 4
`Alb ’q;u6rque,
` .r»~”MWMM—'"V'\-X
`
`
`
`Katie Newcipmb
`‘kw//'
`
`4841 -8725-35261
`
`
`
`Electronic Acknowledgement Receipt
`
`International Application Number:
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR ALLOCATING SEATS FOR A TICKETED EVENT
`
`First Named Inventor/Applicant Name:
`
`Payment information:
`
`File Listing:
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`Document
`Number
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`Document Description
`
`File Size(Bytes)/
`Message Digest
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`Pages
`Multi
`Part /.zip (if appl.)
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`Information:
`
`Reexam Response to Final Rejection
`
`0325_Response.pdf
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`1 74007
`
`a24bl 41 ee422l 3a29aal e35b3a6f5fl 21 33
`e41 d
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`
`
`Reexam Certificate of Service
`
`0325_Cert_of_Svc.pdf
`
`8520a684c40f0ed25f07eea269c94be26bd
`d697d
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
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