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`APPLICATION NO.
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`09/727,727
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`@
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`‘
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`e
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`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
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`FILING DATE
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`11/30/2000
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKETNO.
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`CONFIRMATION NO.
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`E. Michael Lunsford
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`3COM-2910 .WHD.US . P
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`7522
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`WAGNER, MURABITO & HAO LLP
`Third Floor
`Two North Market Street
`San Jose, CA 95113
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`MILORD, MARCEAU
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`2682
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`DATE MAILED: 10/09/2003
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`&
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`Please find below and/or attached an Office communication concerningthis application or proceeding.
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`PTO-90C (Rev. 10/03)
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`UNIFIED 1008
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`UNIFIED 1008
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`1
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`
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`09/727,727
`Examiner
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`LUNSFORD ETAL.
`Art Unit
`
`Marceau Milord
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`2682
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions oftime may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHSfrom the mailing date of this communication.
`Ifthe period for reply specified above is tess than thirty (30) days, a reply within the statutory minimum ofthirty (30) days will be consideredtimely.
`-
`If NO periodfor reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Anyreply received by the Office later than three monthsafter the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
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`In no event, however, maya reply betimely filed
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`1) Responsive to communication(s) filed on 02 April 2001 .
`2a)L]_ This action is FINAL.
`2b)X] This action is non-final.
`3)L]
`Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the meritsis
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`Disposition of Claims
`4)X] Claim(s) 19-34 is/are pendingin the application.
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`is/are withdrawn from consideration.
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`4a) Of the above claim(s)
`5)L] Claim(s)__ is/are allowed.
`6)X] Claim(s) 19-34 is/are rejected.
`7) Claim(s)___ is/are objected to.
`8)L] Claim(s)
`are subject to restriction and/or election requirement.
`Application Papers
`9)L] The specification is objected to by the Examiner.
`10)L] The drawing(s)filed on
`is/are: a)L] acceptedor b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`11)L] The proposed drawingcorrectionfiled on
`is: a)_) approved b)(] disapprovedbythe Examiner.
`if approved, corrected drawings are required in reply to this Office action.
`12)C] The oath ordeclaration is objected to by the Examiner.
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`6) C Other: U.S. Patent and Trademark Office
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`Priority under 35 U.S.C. §§ 119 and 120
`13)L] Acknowledgmentis madeof a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)_LJAN b)L] Some*c) None of:
`1.L] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have beenreceivedin Application No.
`3.L] Copiesof the certified copies of the priority documents have beenreceived in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action fora list of the certified copies not received.
`14)L] Acknowledgmentis madeofa claim for domesticpriority under 35 U.S.C. § 119(e) (to a provisional application).
`a) LJ Thetranslation of the foreign language provisional application has been received.
`15)[-] Acknowledgmentis made ofa claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`Attachment(s)
`1) X Notice of References Cited (PTO-892)
`2) C] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) Cc) Information Disclosure Statement(s) (PTO-1449) Paper No(s)
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`4) oO Interview Summary (PTO-413) Paper No(s).
`5) 0) Notice of Informal Patent Application (PTO-152)
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`;
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`:
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`PTOL-326 (Rev. 04-01)
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`Office Action Summary
`2
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`Part of Paper No. 5
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`2
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`1.
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`The following is a quotation of 35 U.S.C. 103(a) which formsthe basis forall
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`obviousnessrejections set forth in this Office action:
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`(a) A patent may not be obtained though the inventionis not identically disclosed or describedas set forth in
`section 102 ofthis title, if the differences between the subject matter sought to be patented andthe priorart are
`such that the subject matter as a whole would have been obviousat the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`Claims 19-34 are rejected under 35 U.S.C. 103(a) as being unpatentable over Bell (US
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`Patent No 6600902 B1) in view of Charlier et al (US Patent No 6577877 B1).
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`Regarding claim 19, Bell discloses an automated telephone dialing system (figs. 1-2),
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`comprising: a telephone (3 of fig 2) having a wireless port for short range wireless data transfer
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`(col. 3, lines 29- 51; col. 4, lines 24-57); and a personal information device (20, 21, 22 offig. 2)
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`(col. 3, line 47- col. 4, line 9; col. 4, lines 48-67), the personal information device configured to
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`control the telephone via a wireless communication suchthat the telephone dials a telephone
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`numberstored on the personal information device(col. 5, lines 5-35; col. 6, lines 1-38).
`
`However,Bell et al does not specifically disclose the feature of wireless port for
`communication with the wireless port a telephone.
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`Onthe other hand, Charlier et al, from the samefield of endeavor, discloses a wireless
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`infrared peripheral interface device for a communication device having a cellular radio
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`transceiver including a peripheral interface. Furthermore, Charlier shows in figure 2, a processor
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`30 thatis electrically coupled to interface 28, wherein the processor controls the interface circuit
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`28 to processdata signals that are conveyed throughthe interface source 16 (col. 3, lines 17- 57).
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`In addition, the processor conveys RF data signals associated with the infrared data signals
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`3
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 3
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`throughthe cellular radio transceiver, and to further provide simultaneous IR and RF
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`communication to enhanceinteroperability (col. 5, lines 31- 67, “provide simultaneously IR and
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`RF,..”; col. 3, lines 17- 65; col. 4, lines 28- 66). It is advantageousto provide a cellular
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`communication device that could accomplish communication activities with a variety of
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`peripheral devices, and reduce the dependencyofoptical alignment betweenthe infrared data
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`ports of the peripheral device and communication device. Therefore, it would have been obvious
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`to one of ordinary skill in the art at the time the invention was madeto apply the technique of
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`Charlier to the communication system of Bell in order to change one RF link to use twolinks as
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`suggested by Charlier for the purpose of allowing a userto interact simultaneously with both
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`devices.
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`Regarding claim 20, Bell discloses an automated telephone dialing system (figs. 1-2),
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`whereinthe dialing of the telephone numberby thetelephoneis automatically effected in
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`responseto a user interacting with information stored on the personal information device(col. 3,
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`lines 25-60;col. 4, line 45- col. 5, line 26).
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`Regarding claim 21, Bell discloses an automated telephone dialing system (figs. 1-2)
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`wherein the information stored in the personal information device includes contact
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`information(col. 3, lines 52-67; col. 5, lines 1-40; col. 6, lines 1-26).
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`Regarding claim 22, Bell discloses an automated telephone dialing system (figs. 1-2),
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`wherein the information stored on the personal information deviceis presentedasa list of
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`contacts and the telephone numberdialed by the telephone correspondsto one of the contacts
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`selected by the user(col. 3, lines 1-60; col. 6, lines 1-40).
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`4
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 4
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`Regarding claim 23, Bell discloses an automated telephone dialing system (figs. 1-2),
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`wherein the information stored on the personal information device is maintained by a
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`management program executing on the personal information device and the management
`program controls the telephone via the wireless communication (col. 3, lines 38-60; col. 5, lines
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`10-57).
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`Regarding claim 24, Bell discloses an automated telephone dialing system (figs. 1-2),
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`wherein the management program is an address book program (col. 3, lines 52-67; col. 5, lines 1-
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`40; col. 6, lines 1-26).
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`Regarding claim 25, Bell discloses an automated telephone dialing system (figs. 1-2),
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`wherein the wireless communication 1s compatible with a version of the Bluetooth specification
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`(col. 4, lines 24-52; col. 6, lines 21-40).
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`Regarding claim 26, Bell discloses an automated telephone dialing system (figs. 1-2),
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`wherein the wireless communication is compatible with a version of the IrDA specification (col.
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`4, lines 48-62; col. 6, lines 44-65).
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`Regarding claim 27, Bell discloses an automatic wireless telephone dialing method(figs.
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`1-3), comprising the steps of establishing (3 offigs. 1-2) a wireless communications link for a
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`short rangedata transfer (20, 21, 22 offig. 2; col. 3, line 47- col. 4, line 9; col. 4, lines 48-67);
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`accessing (3 of fig. 2) a telephone numberstored on the personal information device(col. 3,
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`lines 29- 51; col. 4, lines 24-57); and controlling (3 offig. 2) the telephone using the personal
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`information device to cause the telephoneto dial the telephone numberstored on the personal
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`information device (col. 5, lines 5-35; col. 6, lines 1-38).
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`5
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 5
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`However, Bell et al does not specifically disclose the feature of transferring data between
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`a telephone and a personal information device.
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`Onthe other hand, Charlieret al, from the samefield of endeavor, discloses a wireless
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`infrared peripheralinterface device for a communication device havinga cellular radio
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`transceiverincludingaperipheral interface. Furthermore, Charlier shows in figure 2, a processor
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`30 that is electrically coupled to interface 28, wherein the processor controls the interface circuit
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`28 to process data signals that are conveyed throughthe interface source 16 (col. 3, lines 17- 57).
`
`In addition, the processor conveys RF data signals associated with the infrared data signals
`
`through the cellular radio transceiver, and to further provide simultaneous IR and RF
`
`communication to enhanceinteroperability (col. 5, lines 31- 67, “provide simultaneously IR and
`
`RF...”; col. 3, lines 17- 65; col. 4, lines 28- 66). It is advantageousto provide a cellular
`
`communication device that could accomplish communication activities with a variety of
`
`peripheral devices, and reduce the dependencyofoptical alignment between the infrared data
`
`ports of the peripheral device and communication device. Therefore, it would have been obvious
`
`to one ofordinary skill in the art at the time the invention was madeto apply the technique of
`
`Charlier to the communication system of Bell in order to change one RF link to use twolinks as
`
`suggested by Charlier for the purpose of allowinga user to interact simultaneously with both
`
`devices.
`
`Regarding claim 28,Bell discloses an automatic wireless telephone dialing method(figs.
`
`1-3) which includes the step of dialing the telephone number automatically in response to a user
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`interacting with information stored on the personal information device(col. 3, lines 25-60; col.
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`4, line 45- col. 5, line 26).
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`6
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 6
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`Regarding claim 29, Bell discloses an automatic wireless telephone dialing method(figs.
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`1-3) wherein the informationstored in the personal information device includes contact
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`information (col. 3, lines 52-67; col. 5, lines 1-40; col. 6, lines 1-26).
`
`Regarding claim 30,Bell discloses an automatic wireless telephone dialing method(figs.
`
`1-3) wherein the information stored on the personal information device is presented asa list of
`
`contacts and the telephone numberdialed by the telephone correspondsto one of the contacts
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`selected by the user(col. 3, lines 1-60; col. 6, lines 1-40).
`
`Regarding claim 31, Bell discloses an automatic wireless telephone dialing method(figs.
`
`1-3) wherein the information stored on the personal information device is maintained by a
`
`management program executing on the personal information device and the management
`
`program controls the telephone via the wireless communication (col. 3, lines 38-60; col. 5, lines
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`10-57).
`
`Regarding claim 32, Bell discloses an automatic wireless telephone dialing method(figs.
`
`1-3) wherein the managementprogram is an address book program (col. 3, lines 52-67; col. 5,
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`lines 1-40; col. 6, lines 1-26).
`
`Regarding claim 33, Bell discloses an automatic wireless telephonedialing method(figs.
`
`1-3) wherein the wireless communication is compatible with a version of the Bluetooth
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`specification (col. 4, lines 24-52; col. 6, lines 21-40).
`
`Regarding claim 34,Bell discloses an automatic wireless telephone dialing method(figs.
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`1-3) wherein the wireless communication is compatible with a version ofthe IrDA specification.
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`(col. 4, lines 48-62; col. 6, lines 44-65).
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`7
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 7
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`Conclusion
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`2.
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`The prior art made of record and notrelied upon is considered pertinent to applicant's
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`disclosure.
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`Zicker et al US Patent No 6122523 disclosesa cellular radiotelephone system including
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`mobilestations, which may be remotely programmed from a customeractivation system to effect
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`activation and other programming needs.
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`Burdick et al us Patent No 6424820 B1 discloses a short range inductively coupled
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`wireless communication system employing analog frequency modulationof a high frequency
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`carrier and magnetic coupling between a transmitting antenna and a receiving antenna.
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`Johanssonet al US Patent No 5983100 discloses an integrated local communication
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`system comprising a plurality of locally-positioned communication devices at least one of which
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`locally-positioned communication devices is operable coupledto a local interface module.
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`Hsu USPatent No 6374079 B1 discloses a RF communication module for enabling RF
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`data communication in a wireless communication system.
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`Holshouser US Patent No 6282433 B1 discloses a personal communications terminal
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`including-a telephoneunit and an application-processing unit that are operatively connected.
`O'Neill, Jr. US Patent No 6069588 discloses a method and system for coupling antennas
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`to radiotelephones through a window that can provide enhanced operation in low link margin
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`communications
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Marceau Milord whose telephone numberis 703-306-3023. The
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`examiner can normally be reached on Monday-Thursday.
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`8
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`Application/Control Number: 09/727,727
`Art Unit: 2682
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`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Vivian C. Chin can be reached on 703-308-6739. The fax phone numberfor the
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`organization wherethis application or proceeding is assigned is (703) 872-9306.
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`Any inquiry of a general natureorrelating to the status ofthis application or proceeding
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`should be directed to the receptionist whose telephone numberis 703-305-3900.
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`MMeMILORD
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`Marceau Milord
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`Examiner
`Art Unit 2682
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`9
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