UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111799,512
`
`05/01/2007
`
`Bruce Edward Stuckman
`
`TTV001CON7
`
`6479
`
`34399
`7590
`07/24/2008
`GARLICK HARRISON & MARKISON
`P.O. BOX 160727
`AUSTIN, TX 78716-0727
`
`EXAMINER
`
`BAROT, BHARAT
`
`ART UNIT
`
`PAPER NUMBER
`
`2155
`
`MAILDATE
`
`DELIVERY MODE
`
`07/24/2008
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Page 1 of 28
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`11/799,512
`
`Examiner
`
`STUCKMAN ET AL.
`
`Art Unit
`
`2155
`Bharat N. Barot
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )IZ! Responsive to communication(s) filed on 08 Mav 2008.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 41-99 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[8J Claim(s) 41-59.65-83 and 95-99 is/are allowed.
`6)[8J Claim(s) 60-64 and 84-94 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17 .2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080709
`
`Page 2 of 28
`
`

`

`Application/Control Number: 11/799,512
`Art Unit: 2155
`
`Page 2
`
`RESPONSE TO AMENDMENT
`
`1.
`
`Original claims 41-99 remain for further examination.
`
`THE NEW GROUNDS OF REJECTION
`
`2.
`
`Applicants' arguments with respect to claims 41-99 filed on May 08, 2008 have
`
`been fully considered but they are deemed to be moot in view of the new grounds of
`
`rejection.
`
`NON-STATUTORY DOUBLE PATENTING
`
`3.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`
`and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d
`
`1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Langi, 759 F.2d 887, 225 USPQ 645
`
`(Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re
`
`Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418
`
`F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`4.
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be
`
`used to overcome an actual or provisional rejection based on a nonstatutory double
`
`patenting ground provided the conflicting application or patent is shown to be commonly
`
`owned with this application, See 37 CFR 1.130(b).
`
`Page 3 of 28
`
`

`

`Application/Control Number: 11/799,512
`Art Unit: 2155
`
`Page 3
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`ANTICIPATION REJECTION
`
`5.
`
`Claims 1-18 of the US Patent No. 7,383,323 contain every limitation of claims
`
`84-94 of the instant application and as such anticipate claims 84-94 of the instant
`
`application. This is a double patenting rejection.
`
`6.
`
`"A later patent claim is not patentably distinct from an earlier patent claim if the
`
`later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at
`
`896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting
`
`because the claims at issue were obvious over claims in four prior art patents); In re
`
`Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of
`
`obviousness-type double patenting where a patent application claim to a genus is
`
`anticipated by a patent claim to a species within that genus). " ELI LILLY AND
`
`COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the
`
`Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30,
`
`2001 ).
`
`7.
`
`The subject matter claimed in the instant application is fully disclosed in the
`
`patent and is covered by the patent since the patent and the application are claiming
`
`common subject matter, as follows:
`
`Page 4 of 28
`
`

`

`Application/Control Number: 11/799,512
`Art Unit: 2155
`
`Page 4
`
`The claimed invention in the instant application (claims 84-94) is same as the
`
`claimed invention in the US Patent No. 7,383,323 (claims 1-18) by deleting the
`
`limitations from the claims 1-18 such as specific first video media element and second
`
`video media element, adding a limitation in to the claims 84-94 such as a plurality of
`
`found media elements, and rearranging/renaming the limitations of the claims 1-18 and
`
`creating the instant application claims 84-94. No new invention or new improvement is
`
`being claimed in the instant application (claims 84-94 ).
`
`Furthermore, there is no apparent reason why applicant was prevented from
`
`presenting claims corresponding to those of the instant application during prosecution of
`
`the application, which matured into the US Patent No. 7,383,323. [Based on 8-38] See
`
`also MPEP § 804.
`
`CLAIM REJECTIONS - 35 USC§ 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`8.
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`(b) the invention was patented or described in a printed publication in this or a foreign
`country or in public use or on sale in this country, more than one year prior to the date
`of application for patent in the United States.
`
`9.
`
`Claims 60-64 are rejected under 35 U .S.C. 102 (b) as being anticipated by Logan
`
`et al (U.S. Patent No. 5,802,299). Logan's patent meets all the limitations for claims 60-
`
`64 recited in the claimed invention.
`
`Page 5 of 28
`
`

`

`Application/Control Number: 11/799,512
`Art Unit: 2155
`
`Page 5
`
`10.
`
`As to claim 60, Logan et al teach a method for use in a linear Web program for
`
`navigation by a user by activation of a forward link indicator that exclusively activates a
`
`link to a next program element of a linearly linked sequence, the linear Web program
`
`includes a plurality of addresses that correspond to a plurality of Web pages of the
`
`World Wide Web (see abstract; figure 1; and column 3 line 40 to column 5 line 30), the
`
`method comprising: selecting an order for the plurality of Web pages; associating the
`
`plurality of addresses in accordance with the order in the linearly linked sequence; and
`
`storing the linear Web program on a remote information node (figures 1-2; and column 3
`
`line 40 to column 7 line 25).
`
`11.
`
`As to claim 61, Logan et al teach that sending the linear Web program from the
`
`remote information node to a subscriber station at a user location over the Internet
`
`(figure 2; and column 6 line 6 to column 7 line 30).
`
`12.
`
`As to claim 62, Logan et al teach that the plurality of addresses correspond to a
`
`single Website of the World Wide Web (column 4 line 34 to column 5 line 9; and column
`
`6 lines 14-58).
`
`13.
`
`As to claim 63, Logan et al teach that the step of associating the plurality of
`
`addresses in accordance with the order in the linearly linked sequence includes
`
`associating the plurality of program elements by the linear linked sequence for
`
`Page 6 of 28
`
`

`

`Application/Control Number: 11/799,512
`Art Unit: 2155
`
`Page 6
`
`navigation by a user by activation of a backward link indicator that exclusively activates
`
`a link to a previous program element of the linearly linked sequence (figure 1; and
`
`column 3 line 40 to column 5 line 30).
`
`14.
`
`As to claim 64, Logan et al teach that the linear Web program satisfies an
`
`education purpose (figure 1; and column 4 lines 14-55).
`
`ALLOWABLE SUBJECT MATTER
`
`15.
`
`Claims 41-59, 65-83, and 95-99 are allowed based on terminal disclaimer filed on
`
`May 08, 2008.
`
`CONTACT INFORMATION
`
`16.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Bharat Barot whose Telephone Number is (571)
`
`272-3979. The examiner can normally be reached on Monday-Friday from 7:00 AM to
`
`3:30 PM. Most facsimile-transmitted patent application related correspondence is
`
`required to be sent to the Central FAX Number (571) 273-8300.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Saleh Najjar, can be reached at (571) 272-4006.
`
`/Bharat N Barot/
`
`Primary Examiner, Art Unit 2155
`
`July 09, 2008
`
`Page 7 of 28
`
`

`

`*
`*
`*
`
`*
`
`*
`
`Notice of References Cited
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Application/Control No.
`
`11/799,512
`
`Examiner
`
`Bharat N. Barot
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`A
`
`US-7,383,323 B2
`
`06-2008
`
`Stuckman et al.
`
`US-5,802,299 A
`B
`c US-
`US-
`D
`
`09-1998
`
`Logan et al.
`
`Applicant(s)/Patent Under
`Reexamination
`STUCKMAN ET AL.
`
`Art Unit
`
`2155
`
`Page 1 of 1
`
`Classification
`
`709/219
`
`709/218
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`Classification
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`E
`
`F
`
`G
`
`H
`
`I
`
`J
`
`K
`
`L
`
`M
`
`N
`
`0
`
`p
`
`Q
`
`R
`s
`T
`
`u
`
`v
`
`w
`
`x
`
`*A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Trademark Office
`PT0-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20080709
`
`Page 8 of 28
`
`

`

`PATENT APPLICATION
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant: Bruce Edward Stuckman
`Serial No: 11/799,512
`Filing Date: 5/1/2007
`Confirmation No: 6479
`Title: System and Method for Creating and Navigating a Linear Hypermedia Resource
`Program
`
`Examiner: Barot, Bharat
`Art Group: 2155
`Docket No: TTV001CON7
`
`AMENDMENT AND RESPONSE
`
`Date: 8/4/2008
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`Dear Sir:
`
`In response to the Office Action mailed on 7 /24/2008, please enter the following
`
`amendment and response.
`
`Page 9 of 28
`
`

`

`2
`
`CLAIM AMENDMENTS
`
`1-40 (cancelled)
`
`41.
`
`(previously presented) A method of creating a linear Web program that includes
`
`activation of a forward link indicator that exclusively activates a link to a next program
`
`element of a linearly linked sequence of program elements, the method comprising:
`
`selecting a first media element of the linear Web program;
`
`selecting a second media element of the linear Web program;
`
`selecting a third media element of the linear Web program; and
`
`associating a plurality of program elements to the linear linked sequence of
`
`program elements, wherein each of the plurality of program elements includes an
`
`address of one of a plurality of media elements, and wherein the plurality of
`
`media elements include the first media element, the second media element and the
`
`third media element;
`
`wherein the addresses of the plurality of media elements correspond to a single
`
`Website of the World Wide Web.
`
`42.
`
`(previously presented) The method of claim 41 further comprising:
`
`storing the linear Web program on a remote information node.
`
`43.
`
`(previously presented) The method of claim 42 further comprising:
`
`sending the linear Web program from the remote information node to a subscriber
`
`station at a user location over the Internet.
`
`Page 10 of 28
`
`

`

`3
`
`44.
`
`(previously presented) The method of claim 41 wherein the first media element,
`
`the second media element and the third media element are selected in response to user
`
`selections.
`
`45.
`
`(previously presented) The method of claim 41 further comprising:
`
`determining an order for the first media element, the second media element and
`
`the third media element;
`
`wherein the step of creating the linear Web program includes assigning the first
`
`media element, the second media element and the third media element to
`
`positions in the linearly linked sequence in accordance with the order.
`
`46.
`
`(previously presented) The method of claim 45 wherein the order is determined
`
`in response to user selections.
`
`47.
`
`(previously presented) The method of claim 41 wherein the step of associating
`
`the plurality of program elements to the linear linked sequence of program elements
`
`includes associating the plurality of program elements by the linear linked sequence for
`
`navigation by activation of a backward link indicator that exclusively activates a link to a
`
`previous program element of the linearly linked sequence.
`
`48.
`
`(previously presented) The method of claim 41 wherein the linear Web program
`
`satisfies an education purpose.
`
`49.
`
`(previously presented) The method of claim 41 wherein each of the first media
`
`element, the second media element and the third media element comprise separate Web
`
`pages of the World Wide Web.
`
`Page 11 of 28
`
`

`

`4
`
`50.
`
`(previously presented) The method of claim 41 wherein the first media element,
`
`the second media element and the third media element are each stored on a remote
`
`information node.
`
`51.
`
`(previously presented) A method comprising:
`
`selecting a first media element of a linear Web program;
`
`selecting a second media element of the linear Web program;
`
`selecting a third media element of the linear Web program;
`
`creating the linear Web program for navigation by a user by activation of a
`
`forward link indicator that exclusively activates a link to a next program element
`
`of a linearly linked sequence, by associating a plurality of program elements by
`
`the linear linked sequence, wherein each of the plurality of program elements
`
`includes an address of one of a plurality of media elements, and wherein the
`
`plurality of media elements include the first media element, the second media
`
`element and the third media element;
`
`storing the linear Web program on a remote information node; and
`
`sending the linear Web program from the remote information node to a subscriber
`
`station at a user location over the Internet.
`
`52.
`
`(previously presented) The method of claim 51 wherein addresses of the plurality
`
`of program elements correspond to a single Website of the World Wide Web.
`
`53.
`
`(previously presented) The method of claim 51 wherein the first media element,
`
`the second media element and the third media element are selected in response to user
`
`selections.
`
`Page 12 of 28
`
`

`

`5
`
`54.
`
`(previously presented) The method of claim 51 further comprising:
`
`determining an order for the first media element, the second media element and
`
`the third media element;
`
`wherein the step of creating the linear Web program includes assigning the first
`
`media element, the second media element and the third media element to
`
`positions in the linear Web program in accordance with the order.
`
`55.
`
`(previously presented) The method of claim 54 wherein the order is determined
`
`in response to user selections.
`
`56.
`
`(previously presented) The method of claim 51 wherein the step of creating the
`
`linear Web program includes associating the plurality of program elements by the linear
`
`linked sequence for navigation by a user by activation of a backward link indicator that
`
`exclusively activates a link to a previous program element of the linearly linked
`
`sequence.
`
`57.
`
`(previously presented) The method of claim 51 wherein the linear Web program
`
`satisfies an education purpose.
`
`58.
`
`(previously presented) The method of claim 51 wherein each of the first media
`
`element, the second media element and the third media element comprise separate Web
`
`pages of the World Wide Web.
`
`59.
`
`(previously presented) The method of claim 51 wherein the first media element,
`
`the second media element and the third media element are each stored on the remote
`
`information node.
`
`60 - 64. (canceled)
`
`Page 13 of 28
`
`

`

`6
`
`65.
`
`(previously presented) A method of creating a linear program of audio elements,
`
`the method comprising:
`
`receiving a search request from a user;
`
`selecting a first audio element in response to the search request;
`
`selecting a second audio element in response to the search request;
`
`selecting a third audio element in response to the search request;
`
`associating the first audio element, the second audio element and the third audio
`
`element in a linearly linked fashion to produce the linear program of audio elements;
`
`displaying a plurality of indicators, each of the plurality of indicators representing
`
`a corresponding one of the first audio element, the second audio element and the third
`
`audio element; and
`
`in response to a user selection of one of the plurality of indicators, selecting the
`
`corresponding one of, the first audio element, the second audio element and the third
`
`audio element;
`
`wherein the first audio element, the second audio element and the third audio
`
`element are stored on an information node of the World Wide Web.
`
`66.
`
`(previously presented) The method of claim 65 further comprising:
`
`displaying a forward link indicator that selects a next program element of a linear
`
`program of audio elements.
`
`Page 14 of 28
`
`

`

`7
`
`67.
`
`(previously presented) The method of claim 65 further comprising:
`
`displaying a backward link indicator that selects a previous program element of a
`
`linear program of audio elements.
`
`68.
`
`(previously presented) The method of claim 65 further comprising:
`
`displaying the linear program of audio elements to a subscriber station at a user
`
`location over the Internet.
`
`69.
`
`(previously presented) The method of claim 65 wherein the indicator includes at
`
`least one of: text, icons and graphical depictions.
`
`Page 15 of 28
`
`

`

`8
`
`70.
`
`(previously presented) A method of creating a linear program of audio elements,
`
`the method comprising:
`
`receiving a search request from a user;
`
`selecting a first audio element in response to the search request;
`
`selecting a second audio element in response to the search request;
`
`selecting a third audio element in response to the search request;
`
`associating the first audio element, the second audio element and the third audio
`
`element in a linearly linked fashion to produce the linear program of audio elements;
`
`displaying a forward link indicator that selects a next program element of a linear
`
`program of audio elements; and
`
`displaying a backward link indicator that selects a previous program element of a
`
`linear program of audio elements;
`
`wherein the first audio element, the second audio element and the third audio
`
`element are stored on an information node of the World Wide Web.
`
`71.
`
`(previously presented) The method of claim 70 further comprising:
`
`displaying a plurality of indicators, each of the plurality of indicators representing
`
`a corresponding one of the first audio element, the second audio element and the third
`
`audio element.
`
`Page 16 of 28
`
`

`

`9
`
`72.
`
`(previously presented) The method of claim 71 further comprising:
`
`in response to a user selection of one of the plurality of indicators, highlighting
`
`and selecting the corresponding one of, the first audio element, the second audio element
`
`and the third audio element.
`
`73.
`
`(previously presented) The method of claim 70 further comprising:
`
`sending the linear program of audio elements to a subscriber station at a user
`
`location over the Internet.
`
`Page 17 of 28
`
`

`

`10
`
`74.
`
`(previously presented) A method comprising:
`
`selecting a first media element of a linear Web program;
`
`selecting a second media element of the linear Web program;
`
`selecting a third media element of the linear Web program;
`
`creating the linear Web program for navigation by a user by associating a
`
`plurality of program elements by a linear linked sequence, wherein each of the
`
`plurality of program elements includes an address of one of a plurality of media
`
`elements, and wherein the plurality of media elements include the first media
`
`element, the second media element and the third media element;
`
`storing the linear Web program on a remote information node;
`
`sending the linear Web program from the remote information node to a subscriber
`
`station at a user location over the Internet;
`
`displaying an indicator, when selected in response to the action of a user, that
`
`skips one of the plurality of program elements.
`
`75.
`
`(previously presented) The method of claim 74 wherein addresses of the plurality
`
`of program elements correspond to a single Website of the World Wide Web.
`
`76.
`
`(previously presented) The method of claim 74 wherein displaying an indicator
`
`includes displaying a skip next button.
`
`77.
`
`(previously presented) The method of claim 74 wherein displaying an indicator
`
`includes:
`
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`11
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`displaying a plurality of indicators, each of the plurality of indicators representing
`
`a corresponding one of the first media element, the second media element and the
`
`third media element.
`
`78.
`
`(previously presented) The method of claim 77 further comprising:
`
`in response to a user selection of one of the plurality of indicators, highlighting
`
`and selecting the corresponding one of, the first media element, the second media
`
`element and the third media element.
`
`79.
`
`(previously presented) The method of claim 74 wherein the first media element,
`
`the second media element and the third media element are each stored on the remote
`
`information node.
`
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`80.
`
`(previously presented) A method comprising:
`
`selecting a first media element of a linear Web program;
`
`selecting a second media element of the linear Web program;
`
`selecting a third media element of the linear Web program; and
`
`creating the linear Web program for navigation by a user by associating a
`
`plurality of program elements by a linear linked sequence, wherein each of the
`
`plurality of program elements includes an address of one of a plurality of media
`
`elements, and wherein the plurality of media elements include the first media
`
`element, the second media element and the third media element;
`
`wherein at least one of, the first media element, the second media element and the
`
`third media elements, includes tactile data.
`
`81.
`
`(previously presented)
`
`The method of claim 80 wherein the tactile data is
`
`convertible to tactile information in a user interface device.
`
`82.
`
`(previously presented) The method of claim 80 further comprising:
`
`storing the linear Web program on a remote information node; and
`
`sending the linear Web program from the remote information node to a subscriber
`
`station at a user location over the Internet.
`
`83.
`
`(previously presented) The method of claim 80 wherein the subscriber station is
`
`capable of presenting tactile information.
`
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`13
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`84.
`
`(previously presented) A method for searching for video media elements and
`
`presenting information regarding a plurality of found video media elements to a
`
`subscriber station, the method comprising:
`
`receiving a search request from the subscriber station to perform a video media
`
`element search, the search request including at least one search term and an indication to
`
`search for video media elements;
`
`searching for video media elements based upon the search request to produce the
`
`information regarding the plurality of found video media elements;
`
`creating a file for use by the subscriber station to create a user interface that
`
`includes the information regarding the plurality of found video media elements; and
`
`transmitting the file to the subscriber station.
`
`85.
`
`(previously presented)
`
`The method of claim 84, wherein the user interface
`
`includes:
`
`a viewing area in which at least one image of the plurality of found video media
`
`elements is presented; and
`
`a map area in which information regarding some of the plurality of found video
`
`media elements is presented.
`
`86.
`
`(previously presented) The method of claim 84, wherein at least some of the
`
`plurality of video media elements comprise JPEG images.
`
`87.
`
`(previously presented) The method of claim 84, wherein at least some of the
`
`plurality of video media elements comprise MPEG images.
`
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`88.
`
`(previously presented) The method of claim 84, wherein the file further includes
`
`at least one found video media element.
`
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`15
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`89.
`
`(previously presented)
`
`A method for performing a search for media
`
`elements and for providing the media elements to a subscriber station, the method
`
`compnsmg:
`
`receiving a search request from the subscriber station to perform a search for
`
`media elements, the search request including at least one search term;
`
`searching for media elements based upon the search request to produce a plurality
`
`of found media elements;
`
`selecting, from the plurality of found media elements, a first media element;
`
`selecting, from the plurality of found media elements, a plurality of second media
`
`elements;
`
`creating a file for use by the subscriber station to create a user interface that
`
`includes:
`
`a viewing area in which the first media element is presented; and
`
`a map area in which information regarding the plurality of second media
`
`elements is presented; and
`
`transmitting the file to the subscriber station.
`
`90.
`
`(previously presented) The method of claim 89,
`
`receiving a map area selection request from the subscriber station, the map area
`
`selection request corresponding to a second media element;
`
`selecting, from the plurality of found media elements, a plurality of third media
`
`elements;
`
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`16
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`creating another file for use by the subscriber station to create another user
`
`interface that includes:
`
`a viewing area in which the second video media element is presented;
`
`a map area in which information regarding the plurality of third media
`
`elements.
`
`91.
`
`(previously presented) The method of claim 89, wherein the map area of the user
`
`interface includes links to the plurality of second media elements.
`
`92.
`
`(previously presented) The method of claim 89, wherein at least some of the
`
`plurality of media elements reside on differing Web sites.
`
`93.
`
`(previously presented)
`
`The method of claim 89, wherein the information
`
`regarding the plurality of second media elements comprise icons representative of
`
`corresponding media elements.
`
`94.
`
`(previously presented) The method of claim 89, wherein the map area and the
`
`display area are non-overlapping.
`
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`17
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`95.
`
`(previously presented) A method for creating a linear Web program comprising:
`
`determining an experience level regarding a user;
`
`selecting a first media element of the linear Web program;
`
`selecting a second media element of the linear Web program;
`
`selecting a third media element of the linear Web program;
`
`associating a plurality of program elements to a linear linked sequence of program
`
`elements, wherein each of the plurality of program elements includes an address of one of
`
`a plurality of media elements, and wherein the plurality of media elements include the
`
`first media element, the second media element and the third media element; and
`
`establishing a set of navigation commands among the linear linked sequence of
`
`program elements based upon the experience level regarding a user.
`
`96.
`
`(previously presented) The method of claim 95, further comprising activating a
`
`forward link indicator that exclusively activates a link to a next program element of the
`
`linearly linked sequence of program elements.
`
`97.
`
`(previously presented)
`
`The method of claim 95, wherein determining an
`
`experience level regarding a user comprises:
`
`providing an experience level interface to a creator of the linear Web program;
`
`receiving experience level input from the creator; and
`
`establishing the experience level based upon the experience level input received
`
`from the creator.
`
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`98.
`
`(previously presented) The method of claim 95, wherein the addresses of the
`
`plurality of media elements correspond to a single Website of the World Wide Web.
`
`99.
`
`(previously presented) The method of claim 95, wherein the addresses of the
`
`plurality of media elements correspond to a plurality of Websites of the World Wide
`
`Web.
`
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`19
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`REMARKS
`
`1.
`
`In the above referenced Office Action, the Examiner rejected claims 84-94 under
`
`the judicially created doctrine of non-statutory double patenting based on claims 1-18 of
`
`US Patent No. 7,383,323; and claims 60-64 under 35 U.S.C. 102(b) as being anticipated
`
`by Logan, (U.S. Patent No. 5,802,299). Applicant thanks the Examiner for the allowance
`
`of claims 41-59, 63-83 and 95-99 and the indication of allowability of claims 84-94 with
`
`the filing of a terminal disclaimer.
`
`Claims 41-59 and 65-99 are currently pending in this application. Claims 1-40
`
`and 60-64 have been cancelled. Applicant believes that the rejections above have been
`
`traversed and, as such, the applicant respectfully requests reconsideration of the
`
`allowability of claims 84-94.
`
`2.
`
`As indicated above, claims 84-94 stand rejected under the judicially created
`
`doctrine of non-statutory double patenting based on claims 1-18 of US Patent No.
`
`7,383,323. Applicant has included a terminal disclaimer based on U.S. Patent Nos.
`
`7,383,323along with a credit card form that authorizes payment of the required fee under
`
`37 C.F.R. 120(d). For this reason, Applicant believes that the rejections above have been
`
`traversed and, as such, the applicant respectfully requests the allowance of claims 84-94.
`
`3.
`
`Further, claims 60-64 were rejected under 35 U.S.C. 102(b) as being anticipated
`
`by