EXHIBIT 1004
`
`EXHIBIT 1004
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Control No.
`
`90/012,432
`
`Patent Under Reexamination
`
`8121872
`
`Examiner
`
`Art Unit
`
`Notice of Intent to Issue
`Ex Parte Reexamination Certificate
`
`2.
`
`AIA (First Inventor to File)
`Status
`CAMERON SAADAT
`3992
`No
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`1. [8J 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
`(a) [8J Patent owner's communication(s) filed: 30 September 2013.
`(b) D Patent owner's failure to file an appropriate timely response to the Office action mailed: __ .
`(c) D Patent owner's failure to timely file an Appeal Brief (37 CFR 41.31 ).
`(d) D The decision on appeal by the D Board of Patent Appeals and Interferences D Court dated
`(e) D Other: __
`The Reexamination Certificate will indicate the following:
`(a) Change in the Specification: D Yes [8J No
`D Yes [8J No
`(b) Change in the Drawing(s):
`(c) 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) D previously D currently disclaimed: __
`(7) Patent claim(s) not subject to reexamination: __ .
`
`3. D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on-~
`4. [8J 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. [8J Note attached NOTICE OF REFERENCES CITED (PT0-892).
`6. 0 Note attached LIST OF REFERENCES CITED (PTO/SB/08 or PTO/SB/08 substitute).
`7. D The drawing correction request filed on __ is: D approved
`D disapproved.
`
`8. D Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
`a)D All b)D Some*
`c)D None
`of the certified copies have
`D been received.
`D not been received.
`D been filed in Application No. __ .
`.
`D been filed in reexamination Control No.
`D been received by the International Bureau in PCT Application No. __ .
`
`* Certified copies not received: __ .
`
`9. D Note attached Examiner's Amendment.
`
`10. D Note attached Interview Summary (PT0-474).
`11. D Other: __
`
`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.
`
`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
`
`/Cameron Saadat/
`Primary Examiner, Art Unit 3992
`
`

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

`
`Application/Control Number: 90/012,432
`Art Unit: 3992
`
`Page 2
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`STATEMENT OF REASONS FOR PATENTABILITY AND/OR CONFIRMATION
`
`The following is an examiner's statement of reasons for patentability and/or confirmation
`
`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
`
`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
`
`(computer 100) which determines a best grouping of seats based on the given purchaser
`
`constraints/preferences. However, Silberschatz does not disclose, teach, or suggest that the best
`
`seat definition is set by a ticket seller.
`
`Any comments considered necessary by PA TENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by the
`
`patent owner should be labeled: "Comments on Statement of Reasons for Patentability and/or
`
`Confirmation" and will be placed in the reexamination file.
`
`Conclusion
`
`All correspondence relating to this ex parte reexamination proceeding should be directed:
`
`ByEFS:
`
`By mail to:
`
`Registered users may submit via the electronic filing system EFS-web, at
`https://efs.uspto.gov/efile/mvportal/efs-registered
`Attn: Mail Stop "Ex Parte Reexam"
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`
`

`
`Application/Control Number: 90/012,432
`Art Unit: 3992
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314.
`
`Page 3
`
`For EFS-Web transmissions, 37 CPR l.8(a)(l)(i) (C) and (ii) states that correspondence
`
`(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 Office's electronic
`
`filing system in accordance with 37 CPR l.6(a)(4), and (b) includes a certificate of transmission
`
`for each piece of correspondence stating the date of transmission, which is prior to the expiration
`
`of the set period of time in the Office action.
`
`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