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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
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`CLAIMS APPENDIX
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`Listing of the claims involved in the appeal:
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`1.
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`(previously presented) A method of displaying an instant message conversation on
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`an electronic device, the instant message conversation comprising a plurality of instant messages
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`exchanged between the electronic device and a second electronic device, the method comprising:
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`receiving a plurality of incoming instant messages from the second electronic device, each
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`incoming instant message having an incoming textual portion;
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`transmitting a plurality of outgoing instant messages to the second electronic device, each
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`outgoing instant message having an outgoing textual portion;
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`associating each instant message with a corresponding time stamp;
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`displaying the incoming textual portion of each displayed incoming instant message
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`horizontally aligned at a same first horizontal position;
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`displaying the outgoing textual portion of each displayed outgoing instant message
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`horizontally aligned at a same second horizontal position, the second horizontal position being
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`different from the first horizontal position; and
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`displaying time information along with at least one instant message of the incoming and
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`outgoing instant messages according to the corresponding time stamp, in response to an input in
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`association with the at least one instant message of the incoming and outgoing instant messages.
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`(original) The method of claim 1 further comprising displaying an incoming symbol
`2.
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`with each displayed incoming instant message.
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`(original) The method of claim 1 further comprising displaying an outgoing symbol
`3.
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`with each displayed outgoing instant message.
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`(original) The method of claim 1, wherein at least one first time stamp is displayed
`4.
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`adjacent to its corresponding incoming instant message.
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`(original) The method of claim 1, wherein at least one second time stamp is
`5.
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`displayed adjacent to its corresponding outgoing instant message.
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`(original) The method of claim 1, further comprising:
`6.
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`detecting an interruption in the instant message conversation; and
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`222913201
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`Page 226 of 894
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`GOOGLE EXHIBIT 1010 (part 2 of 4)
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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
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`refraining from displaying a time stamp associated with a next one of an incoming instant
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`message and an outgoing instant message if the interruption is less than a predetermined duration
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`of time.
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`(original) The method of claim 1, further comprising refraining from displaying at least
`7.
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`one of the corresponding time stamps.
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`(original) The method of claim 7, wherein the refraining is performed if an amount of
`8.
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`time that has lapsed between the at least one corresponding time stamp and a previous
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`corresponding time stamp is less than a predetermined duration of time.
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`comprising:
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`(previously presented) An electronic device for displaying an instant message
`9.
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`conversation, the instant message conversation comprising a plurality of instant messages
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`exchanged between the electronic device and a second electronic device, the electronic device
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`a display;
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`a memory; and
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`a processor electronically coupled with the display and the memory, the processor
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`configured to:
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`receive a plurality of incoming instant messages from the second electronic device, each
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`incoming instant message having an incoming textual portion;
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`transmit a plurality of outgoing instant messages to the second electronic device, each
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`outgoing instant message having an outgoing textual portion;
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`associate each instant message with a corresponding time stamp;
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`display the incoming textual portion of each displayed incoming instant message horizontally
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`aligned at a same first horizontal position;
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`display the outgoing textual portion of each displayed outgoing instant message horizontally
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`aligned at a same second horizontal position, the second horizontal position being different from the
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`first horizontal position; and
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`display time information along with at least one instant message of the incoming and
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`outgoing instant messages according to the corresponding time stamp, in response to an input in
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`association with the at least one instant message of the incoming and outgoing instant messages.
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`10.
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`(original) The electronic device of claim 9, wherein the processor is further configured
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`to display an incoming symbol with each displayed incoming instant message.
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`22291 320.1
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`17
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`Page 227 of 894
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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
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`11.
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`(original) The electronic device of claim 9, wherein the processor is further configured
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`to display an outgoing symbol with each displayed outgoing instant message.
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`12.
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`(original) The electronic device of claim 9, wherein at least one first time stamp is
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`displayed adjacent to its corresponding incoming instant message.
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`13.
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`(original) The electronic device of claim 9, wherein at least one second time stamp is
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`displayed adjacent to its corresponding outgoing instant message.
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`14.
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`(original) The electronic device of claim 9, wherein the processor is further configured
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`detect an interruption in the instant message conversation; and
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`refrain from displaying a time stamp associated with a next one of an incoming instant
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`message and an outgoing instant message if the interruption is less than a predetermined duration
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`of time.
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`15.
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`(original) The electronic device of claim 9, wherein the processor is further configured
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`to refrain from displaying at least one of the corresponding time stamps.
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`16.
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`(original) The electronic device of claim 15, wherein the processor refrains from
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`displaying the at least one of the corresponding time stamps if an amount of time that has lapsed
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`between the at least one corresponding time stamp and a previous corresponding time stamp is less
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`than a predetermined duration of time.
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`17.
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`(previously presented) A non—transitory computer readable medium comprising
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`computer executable instructions embedded thereon for execution by a processor of an electronic
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`device for displaying an instant message conversation upon a display of the electronic device, the
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`instant message conversation comprising a plurality of instant messages exchanged between the
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`electronic device and a second electronic device, such that when executed, the processor:
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`receives a plurality of incoming instant messages from the second electronic device, each
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`incoming instant message having an incoming textual portion;
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`transmits a plurality of outgoing instant messages to the second electronic device, each
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`outgoing instant message having an outgoing textual portion;
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`associates each instant message with a corresponding time stamp;
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`222913201
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`1 8
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`Page 228 of 894
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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
`
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`displays the incoming textual portion of each displayed incoming instant message
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`horizontally aligned at a same first horizontal position;
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`displays the outgoing textual portion of each displayed outgoing instant message horizontally
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`aligned at a same second horizontal position, the second horizontal position being different from the
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`first horizontal position; and
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`displays time information along with at least one instant message of the incoming and
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`outgoing instant messages according to the corresponding time stamp, in response to an input in
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`association with the at least one instant message of the incoming and outgoing instant messages.
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`18.
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`(previously presented) The non—transitory computer readable medium of claim 17,
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`further comprising computer instructions such that when executed cause the processor to display an
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`incoming symbol with each displayed incoming instant message.
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`19.
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`(previously presented) The non-transitory computer readable medium of claim 17,
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`further comprising computer instructions such that when executed cause the processor to display an
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`outgoing symbol with each displayed outgoing instant message.
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`(previously presented) The non—transitory computer readable medium of claim 17,
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`wherein at least one first time stamp is displayed adjacent to its corresponding incoming instant
`message.
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`20.
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`(previously presented) The non—transitory computer readable medium of claim 17,
`21.
`wherein at least one second time stamp is displayed adjacent to its corresponding outgoing instant
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`message.
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`(previously presented) The non—transitory computer readable medium of claim 17,
`22.
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`further comprising computer instructions such that when executed cause the processor to:
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`detect an interruption in the instant message conversation; and
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`refrain from displaying a time stamp associated with a next one of an incoming instant message and
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`an outgoing instant message if the interruption is less than a predetermined duration of time.
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`(previously presented) The non—transitory computer readable medium of claim 17,
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`further comprising computer instructions such that when executed cause the processor to refrain
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`from displaying at least one of the corresponding time stamps.
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`23.
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`222913201
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`Page 229 of 894
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`

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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
`
`24.
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`(previously presented) The non—transitory computer readable medium of claim 23,
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`wherein the computer instructions that when executed cause the processor to refrain from displaying
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`at least one of the corresponding time stamps are executed if an amount of time that has lapsed
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`between the at least one corresponding time stamp and a previous corresponding time stamp is less
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`than a predetermined duration of time.
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`25.
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`(previously presented) The method of claim 1, the input comprising movement of a
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`pointing device in proximity to the at least one instant message of the incoming and outgoing instant
`messages.
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`26.
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`(previously presented) The electronic device of claim 9, the input comprising
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`movement of a pointing device in proximity to the at least one instant message of the incoming and
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`outgoing instant messages.
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`(previously presented) The non—transitory computer readable medium of claim 17,
`27.
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`the input comprising movement of a pointing device in proximity to the at least one instant message
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`of the incoming and outgoing instant messages.
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`22291320.1
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`Page 230 of 894
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`Application No. 13/111,734
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`Reply to Final Rejection dated: June 22, 2012
`
`
`
`EVIDENCE APPENDIX
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`NONE
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`222913201
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`Page 231 of 894
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`Application No. 13/111,734
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`Rep|y to Final Rejection dated: June 22, 2012
`
`
`
`RELATED PROCEEDINGS APPENDIX
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`NONE
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`22238497]
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`222913201
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`Page 232 of 894
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`Electronic Patent Application Fee Transmittal
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`Application Number:
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`13111734
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`Title of Invention:
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`Handheld Electronic Device and Associated Method Providing Time Data in a
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`.
`.
`Messaging Environment
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`First Named Inventor/Applicant Name:
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`Gerhard D. Klassen
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`Filed as Large Entity
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`Utility under 35 USC111(a) Filing Fees
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`Basic Filing:
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`Miscellaneous-Filing:
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`Patent-Appeals-and-Interference:
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`Filing a briefin support of an appeal
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`Electronic Acknowledgement Receipt
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`EFS ID:
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`13942692
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`13111734
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`Title of Invention:
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`Handheld Electronic Device and Associated Method Providing Time Data in a
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`First Named Inventor/Applicant Name:
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`Gerhard D. Klassen
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`Filer Authorized By:
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`Brett Joseph Slaney
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`Attorney Docket Number:
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`70314/00568
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`Receipt Date:
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`09—OCT—201 2
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`3595
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`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
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`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
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`Appeal Brief Filed
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`11144-US-CNT3_Appea|_Brief.
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`Warnings:
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`Fee Worksheet (SBO6)
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`1 1 17681
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`d/I/I 30589e7c/I 8b0888930Se8bbS88e2ad5
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
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`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.
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`New Applications Under 35 U.S.C. 111
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`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
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`lfa timely submission to enter the national stage ofan 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
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`lfa new international application is being filed and the international application includes the necessary components for
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`and ofthe International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
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`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
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`Page 236 of 894
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`UNI'I'ED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Olfloe
`Addnsz COMJVIISSIONER FOR PATENTS
`P. 0. Box 1450
`Alttia. Virginia 22313-1450
`wwwiusplagov
`
`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`13/1 1 1,734
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`91704
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`05/19/20] 1
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`Gerhard D. Klassen
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`70314/00568
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`6081
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`7590
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`D8/3012012
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`Blake, Cassels & Graydon LLP
`199 BAY STREET , SUITE 4000
`COMMERCE COURT WEST
`TORONTO, ON MSL [A9
`CANADA
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`08/30/2012
`
`ELECTRONIC
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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.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`rimpatent@blakes.com
`brett.slaney@blakes.com
`portfolioprosecution@rim.com
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`PPOL-90A (Rev. 04/07)
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`Page 237 of 894
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`Advisory Action
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`Before the Filing of an Appeal Brief
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`/AFH0 ET|ENNE/
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`Supervisory Patent Examiner, Art Unit 2457
`U.S. Patent and Trademark Office
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`PTOL-303 (Rev. 09-2010)
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`/MICHAEL c LAl/
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`Examiner, Art Unit 2457
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`Advisory Action Before the Filing of an Appeal Briet
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`Part of Paper No. 20120821
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`Application No.
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`13/111.734
`KLASSEN ET AL.
`Examiner
`Art Unit
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`2457
`MICHAEL c. LAI
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`--The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
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`THE REPLY FILED 09 August 2012 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
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`NO NOTICE OF APPEAL FILED
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`1. D The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of this application, applicant must timely file
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`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
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`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
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`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of
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`the following time periods:
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`months from the mailing date of the final rejection.
`a) CI The period for reply expires
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`b) D The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whichever is later.
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`In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
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`C) D A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after-final reply filed
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`within 2 months of the mailing date of the final rejection. The current period for reply expires
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`the priorAdvisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
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`Examiner Note: If box 1
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`FIRST RESPONSE TO APPLlCANT‘S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
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`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07(f).
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`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate
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`extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The
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`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
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`set in the final Office action; or (2) as set forth in (b) or (c) above. if checked. Any reply received by the Office later than three months after the
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`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
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`NOTICE OF APPEAL
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`2. X The Notice of Appeal was filed on 09 August 2012. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date
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`of filing the Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeal. Since a
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`Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41 .37(a).
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`AMENDMENTS
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`3. D The proposed amendments filed after a final rejection, but prior to the date of filing a brief. will n_ot be entered because
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`a) El They raise new issues that would require further consideration and/or search (see NOTE below);
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`b) E] They raise the issue of new matter (see NOTE below);
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`c) El They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
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`appeal; and/or
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`d) [I They present additional claims without canceling a corresponding number of finally rejected claims.
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`NOTE: j. (See 37 CFR 1.116 and 41.33( )).
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`4. I] The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
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`5. El Applicants reply has overcome the following rejection(s): j
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`6. El Newly proposed or amended c|aim(s)
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`allowable c|aim(s).
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`7. IX For purposes of appeal. the proposed amendment(s): (a) El will not be entered, or (b)
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`new or amended claims would be rejected is provided below or appended.
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`AFFIDAVIT OR OTHER EVIDENCE
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`8. El The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will n_ot be entered because
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`applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier
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`presented. See 37 CFR 1.116( ).
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`9. I] The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will n_ot be entered
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`because the affidavit or other evidence failed to overcome a_H rejections under appeal and/or appellant fails to provide a showing of good
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`and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(1).
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`10. [I The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
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`REQUEST FOR RECONSIDERATION/OTHER
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`11. E The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
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`See Continuation Sheet.
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`12. CI Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No( ).
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`13. El Other:
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`TATUS OF CLAIMS
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`14. The status of the c|aim(s) is (or will be) as follows:
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`C|aim(s) allowed:
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`C|aim(s) objected to:
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`C|aim(s) rejected: 1-27.
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`C|aim(s) withdrawn from consideration:
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`Page 238 of 894
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`Continuation Sheet (PTOL-303)
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`Application No. 13/111,734
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`Continuation of 11. does NOT place the application in condition for allowance because: Applicant's arguments are not persuasive.
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`remarks, the applicant argues in substance that:
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`A) Maurille does not teach or suggest balancing the competing objectives of conserving display space and providing useful time information
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`by enabling a selective display of time information.
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`B) MacPhail does not teach or suggest selectively displaying a time stamp associated with an incoming or outgoing message in a
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`messaging environment.
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`C) MacPhail does not teach: "displaying time information along with at least one instant message of the incoming and outgoing instant
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`messages according to the corresponding time stamp. in response to an input in association with the at least one instant mess age of the
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`incoming and outgoing instant messages".
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`In the
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`In response to A), it is noted that the features upon which applicant relies (i.e., ba|ancing...providing...by enabling...) are not recited in the
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`rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the
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`claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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`In response to B), it is noted that the features upon which applicant relies (i.e., selectively displaying...) are not recited in the rejected
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`claim(s). Although the claims are interpreted in light of the specification. limitations from the specification are not read into the claims.
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`In response to C), Appelman discloses "displaying time information along with at least one instant message of the incoming and outgoing
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`instant messages according to the corresponding time stamp“ (see at least Figs. 17 and 18). The Examiner relies on MacPhail for the
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`feature of "in response to an input, displaying time information according to the correspnding time stamp“.
`It is the combination of
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`Appelman, Maurille, and MacPhai| that teach the limitation, notjust MacPhai|.
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`Page 239 of 894
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`OK TO ENTER:
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`/l'\/l.L./’
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`Application No. 13/111,734
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`Amendment Dated: August 9, 2012
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`Reply to Office Action of: June 22, 2012
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`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
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`Appl. No.:
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`13/111,734
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`Applicant:
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`KLASSEN, Gerhard D. et al.
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`Filed:
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`Title:
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`May 19, 2011
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`Handheld Electronic Device and Associated Method Providing Time Data in a
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`Messaging Environment
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`Art Unit:
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`2457
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`Examiner:
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`LAI, Michael C.
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`Docket No.:
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`70314l00568
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`Mail Stop AF
`U.S. Patent & Trademark Office
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`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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`RESPONSE AFTER FINAL REJECTION
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`This is further to the Office Action dated June 22, 2012. Applicant wishes to present the
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`following remarks:
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`Listing of Claims: begins on page 2 of this paper.
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`Remarks: begin on page 7 of this paper.
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`222513861
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`Page 240 of 894
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`Application No. 13/111,734
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`Amendment Dated: August 9, 2012
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`Reply to Office Action of: June 22, 2012
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`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
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`Appl. No.:
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`13/111,734
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`Applicant:
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`KLASSEN, Gerhard D. et al.
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`Filed:
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`Title:
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`May 19, 2011
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`Handheld Electronic Device and Associated Method Providing Time Data in a
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`Messaging Environment
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`Art Unit:
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`2457
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`Examiner:
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`LAI, Michael C.
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`Docket No.:
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`70314l00568
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`Mail Stop AF
`U.S. Patent & Trademark Office
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`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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`RESPONSE AFTER FINAL REJECTION
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`This is further to the Office Action dated June 22, 2012. Applicant wishes to present the
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`following remarks:
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`Listing of Claims: begins on page 2 of this paper.
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`Remarks: begin on page 7 of this paper.
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`222513861
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`Page 241 of 894
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`Application No. 13/111,734
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`Amendment Dated: August 9, 2012
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`Reply to Office Action of: June 22, 2012
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`Previously Presented Claims
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`Listing of claims:
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`1.
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`(previously presented) A method of displaying an instant message conversation on
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`an electronic device, the instant message conversation comprising a plurality of instant messages
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`exchanged between the electronic device and a second electronic device, the method