`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1459
`Alexandria, Virginia 22313-1450
`WWww.Usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO.
`
`CONFIRMATION NO.
`
`12/857,847
`
`08/17/2010
`
`Robert Paul Morris
`
`0125-SP
`
`4733
`
`EXAMINER
`.
`Stnall Pond Associates, LLC aee
`PIER
`es
`‘oc
`Sma
`Robert Paul Morris
`ERB, NATIIAN
`712 Latta Street
`PAPER NUMBER
`ARTUNIT
`Raleigh, NC 27607
`pagrus
`3628
`
`NOTIFICATION DATR
`
`DELIVERY MODE
`
`11/05/2014
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date” to the
`following e-mail address(es):
`paul@smallpond.co
`paul. morris @ne.1r.com
`
`PTOL-90A (Rev. 04/07)
`
`Page 1 of 274
`
`GOOGLEEXHIBIT 1067
`
`Page 1 of 274
`
`GOOGLE EXHIBIT 1067
`
`

`

`.
`Notice of Abandonment
`
`12/857,847
`Examiner
`
`MORRIS, ROBERT PAUL
`Art Unit
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`
`NATHAN ERB
`
`3628
`
`sting,
`
`This application is abandonedin view of:
`
`), which is after the expiration of the
`
`2. Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months
`from the mailing date of the Notice of Allowance (PTOL-85).
`(with a Certificate of Mailing or Transmission dated
`(a) (J The issue fee and publication fee,
`if applicable, was received on
`), whichis after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
`Allowance (PTOL-85).
`is due.
`is insufficient. A balance of $
`(b) J The submitted fee of $
`The issue fee required by 37 CFR 1.18 is $
`. The publication fee, if required by 37 CFR 1.18(d), is $
`(c) DJ The issue fee and publication fee, if applicable, has not been received.
`
`.
`
`a
`
`(with a Certificate of Mailing or Transmission dated
`
`1. KX] Applicant's failure to timely file a proper reply to the Office letter mailed on 28 March 2014.
`(a) (A reply was received on
`(with a Certificate of Mailing or Transmission dated
`period for reply (including a total extension of time of
`month(s)) which expired on
`(b) JA proposedreply was received on
`, but it does not constitute a proper reply under 37 CFR 1.113 to the final rejection.
`(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
`application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for
`Continued Examination (RCE) in compliance with 37 CFR 1.114).
`(c) FJ A reply was received on
`but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non-
`final rejection. See 37 CFR 1.85(a) and 1.111.
`(See explanation in box 7 below).
`(d) J No reply has been received.
`
`
`
`3.D. Applicant's failure to timely file corrected drawings as required by, and within the three-month period setin, the Notice of
`Allowability (PTO-37).
`(a) (J Proposed corrected drawings were received on
`after the expiration of the period for reply.
`(b) (J No corrected drawings have been received.
`
`—__)
`
`, which is
`
`4. (] The letter of express abandonmentwhichis signed by the attorney or agent of record or other party authorized under 37 CFR
`1.33(b). See 37 CFR 1.138(b).
`
`5. CD] The letter of express abandonmentwhich is signed by an attorney or agent(acting in a representative capacity under 37 CFR
`1.34) upon the filing of a continuing application.
`
`6. ] The decision by the Board of Patent Appeals and Interference rendered on
`of the decision has expired and there are no allowed claims.
`
`and because the period for seeking court review
`
`7. C1] The reason(s) below:
`
`/NATHAN ERB/
`
`Primary Examiner, Art Unit 3628
`
` Petitions to revive under 37 CFR 1.137, or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptlyfiled to minimize
`any negative effects on patent term.
`U.S. Patent and Trademark Office
`PTOL-1432 (Rev. 11-13)
`
`Notice of Abandonment
`
`Part of Paper No. 20141031
`
`Page 2 of 274
`
`Page 2 of 274
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1459
`Alexandria, Virginia 22313-1450
`WWww.Usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO.
`
`CONFIRMATION NO.
`
`12/857,847
`
`08/17/2010
`
`Robert Paul Morris
`
`0125-SP
`
`4733
`
`EXAMINER
`.
`Stnall Pond Associates, LLC aee
`PIER
`“ee
`‘oc
`Sma
`Robert Paul Morris
`ERB, NATIIAN
`712 Latta Street
`PAPER NUMBER
`ARTUNIT
`Raleigh, NC 27607
`pagrus
`3628
`
`NOTIFICATION DATR
`
`DELIVERY MODE
`
`03/28/2014
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date” to the
`following e-mail address(es):
`paul@smallpond.co
`paul. morris @ne.1r.com
`
`PTOL-90A (Rev. 04/07)
`
`Page 3 of 274
`
`Page 3 of 274
`
`

`

`
`
`
`Application No.
`Applicant(s)
`12/857 ,847
`MORRIS, ROBERT PAUL
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`NATHAN ERB
`3628
`No
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`Office Action Summary
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`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 (8) MONTHS from the mailing date of this communication.
`- Failure to reply within the set or extended periodfor reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply 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).
`
`In no event, however, maya reply be timelyfiled
`
`Status
`
`1) Responsive to communication(s)filed on11October2012.
`CJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on ___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)0 An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporatedinto this action.
`4)C1 Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 218.
`
`
`
`Disposition of Claims*
`5) Claim(s) 1-20 is/are pending in the application.
`5a) Of the above claim(s)__ is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-20 is/are rejected.
`8)L] Claim(s)__ is/are objected to.
`
`9)F] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you maybe eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`atenis/init_ events/ooh/index.js
`
`
`
`
`hito
`
`/Awwwuspto.dov/
`
`or send an inquiry to PPHieedback@uspto. gov.
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11) The drawing(s)filed on
`is/are: a) accepted or 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)Z Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) All 6) Some** c)L None ofthe:
`1.L] Certified copies of the priority documents have been received.
`21 Certified copies of the priority documents have been received in Application No.
`3.0.) Copies of 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 for a list of the certified copies not received.
`
`Attachment(s)
`1)
`Notice of References Cited (PTO-892)
`2) Oo Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) CL Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`oO Other:
`ther
`
`Part of Paper No./Mail Date 20140324
`
`Page 4 of 274
`
`Page 4 of 274
`
`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 2
`
`1.
`
`The present application is being examined under the pre-AlA first to invent
`
`DETAILED ACTION
`
`provisions.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application afterfinal rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October
`
`11, 2012, has been entered.
`
`Responseto Arguments
`
`3.
`
`Applicant's amendments have overcome the 112 rejections of claims 1-19 from
`
`the previous Office action. However, Applicant did not remove the “new matter” from
`
`claim 20, so that claim remains rejected under 112 in this Office action.
`
`4.
`
`The prior art rejections have been updated to correspond to Applicant’s
`
`amendments.
`
`5.
`
`Examiner believes that the amendmentsto the prior art rejections render
`
`Applicant's arguments to be not applicable.
`
`Claim Rejections - 35 USC § 112
`
`6.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and processof
`making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the
`art to whichit pertains, or with which it is most nearly connected, to make and use the same andshall
`set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Page 5 of 274
`
`Page 5 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 3
`
`7.
`
`Claim 20 is rejected under 35 U.S.C. 112, first paragraph, asfailing to comply
`
`with the written description requirement. The claim(s) contains subject matter which
`
`was not described in the specification in such a way as to reasonably convey to one
`
`skilled in the relevant art that the inventor(s), at the time the application wasfiled, had
`
`possession of the claimed invention.
`
`In the instant application, the specification fails to
`
`disclose support for the newly claimed subject matter, wherein the resource performs no
`
`portion of the processing and includes no program instruction executed in performing
`
`the processing. The applicant cited various paragraphs from the specification; however
`
`none provide clear support for the newly disclosed subject matter.
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`The following is a quotation of pre-AlA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 ofthis title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obviousatthe 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.
`
`9.
`
`Claims 1-4, 7-9, 11, 13-14, 16-20 are rejected under pre-AlA 35 U.S.C. 103(a) as
`
`being unpatentable over Fadell, Pub. No. US2010/0010857 A1, hereinafter referred to
`
`as Fadell, in view of Delesalle, U.S. Patent Application Publication No. US
`
`2008/0205399 A1.
`
`As per Claims 1, 19 and 20, Fadell discloses a method and system comprising:
`
`Page 6 of 274
`
`Page 6 of 274
`
`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 4
`
`receiving resource information identifying a particular resource for processing by
`
`a hardware component in performing an operation (see at least 0004-0012,
`
`0039-0040, 0062-0064, 0068 also see Figures 1-9);
`
`determining, for the resource, a measure of a processing cost, based on the
`
`operation, to provide an indication of the cost for processing the resource (see at
`
`least 0004-0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9); and
`
`sending presentation information, based on the measure, for presenting, via an
`
`output device, the indication corresponding to a user detectable representation of
`
`the resource(see at least 0004-0012, 0039-0040, 0062-0064, 0068 also see
`
`Figures 1-9),
`
`wherein at least one of the receiving, the determining, and the sending includes
`
`execution of an instruction by an instruction processing unit (see at least 0004-
`
`0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9).
`
`Fadell fails to disclose wherein the particular resource includes a video stream;
`
`wherein the processing includes transmitting the resource via a network. Delesalle
`
`discloses wherein the particular resource includes a video stream (paragraph [0096));
`
`wherein the processing includes transmitting the resource via a network (paragraph
`
`[0096]).
`
`It would have been obvious to one ofordinary skill in the art to modify the
`
`invention of Fadell such that the particular resource includes a video stream; and the
`
`processing includes transmitting the resource via a network, as disclosed by Delesalle,
`
`since the claimed invention is merely a combination of old elements, and in the
`
`combination each element merely would have performed the same function asit did
`
`Page 7 of 274
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`Page 7 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 5
`
`separately, and one of ordinary skill in the art would have recognized that the results of
`
`the combination werepredictable.
`
`As per Claim 2, Fadell discloses wherein the resource information is received in
`
`responseto a detected user input at least one of identifying the resource and identifying
`
`an operation that includes processing the resource (see at least 0004-0012, 0039-0040,
`
`0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 3, Fadell discloses wherein the measure is determined according to a
`
`metric based on at least one of electrical power, electrical energy, stored energy,
`
`mechanicalresistance, electrical resistance, time, a count of a particular event, money,
`
`size, mass, distance, weight, heat, light, and movement (see at least 0004-0012, 0039-
`
`0040, 0062-0064, 0068 also see Figures1-9).
`
`As per Claim 4, Fadell discloses wherein the measureincludes at least one of a
`
`measureof electrical power, a measureof electrical energy, a measure of stored
`
`energy, a measure of mechanical resistance, a measureof electrical resistance, a
`
`measureof time, a count of a particular event, a measure of a monetarycost, a
`
`measure of heat, a measureoflight, a measure of distance, a measure of mass, a
`
`measureof size, and a measureof weight (see at least 0004-0012, 0039-0040, 0062-
`
`0064, 0068 also see Figures 1-9).
`
`Page 8 of 274
`
`Page 8 of 274
`
`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 6
`
`As per Claim 7, Fadell discloses wherein a metric for determining the measureis
`
`identified based on at least one of the resource, the operation, the hardware component
`
`included in performing the operation, a user, a group, a role, a task, atime, a location, a
`
`device for performing the operation, and devicefor providing the resource(see at least
`
`0004-0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 8, Fadell discloses wherein the measure is determined based on a
`
`user input for identifying the metric (see at least 0004-0012, 0039-0040, 0062-0064,
`
`0068 also see Figures 1-9).
`
`As per Claim 9, Fadell discloses wherein determining the measure is based on
`
`locating a predefined measure based on at least one of the resource and the operation
`
`(see at least 0004-0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 11, Fadell discloses wherein determining the measurefurther includes
`
`determining whether a specified energy condition is met based on the measure (see at
`
`least 0004-0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 13, Fadell discloses receiving selection information identifying the
`
`resource in responseto a detected user input corresponding to the representation of the
`
`resource; and presenting a warning indication, in response to receiving the selection
`
`Page 9 of 274
`
`Page 9 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 7
`
`information, when the energy condition is not met (see at least 0004-0012, 0039-0040,
`
`0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 14, Fadell discloses wherein the indication is included in the
`
`representation of the resource (see at least 0004-0012, 0039-0040, 0062-0064, 0068
`
`also see Figures 1-9).
`
`As per Claim 16, Fadell discloses wherein sending the presentation information
`
`includes sending a message to a node operatively coupled to the output device (see at
`
`least 0004-0012, 0039-0040, 0062-0064, 0068 also see Figures 1-9).
`
`As per Claim 17, Fadell discloses wherein the indication is presented in response to
`
`a user input predefined for presenting the indication (see at least 0004-0012, 0039-
`
`0040, 0062-0064, 0068 also see Figures1-9).
`
`As per Claim 18, Fadell discloses wherein the presentation information is sent in
`
`response to a change in at least one of a cost condition and a measure of a processing
`
`cost associated with another resource (see at least 0004-0012, 0039-0040, 0062-0064,
`
`0068 also see Figures 1-9).
`
`Page 10 of 274
`
`Page 10 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 8
`
`10.
`
`Claim 5is rejected under 35 U.S.C. 103(a) as being unpatentable over Fadell in
`
`view of Delesalle in further view of Alam, et al., Pub. No. US20080319926 A1,
`
`hereinafter referred to as Alam.
`
`As per Claim 5, Fadell fails to disclose wherein when the measure includes the
`
`count, the count is based on at least one of instruction-processing unit cycles, disk
`
`spins, data read operations, data write operations, refreshes of at least a portion of a
`
`presentation space, display refreshes, data transmitted via a network, data received via
`
`a network, and a measure of human movement. However, Alam teaches CPU
`
`resources, as used herein, are defined as CPU capacity (size), quantity (number of
`
`CPU's), and CPU clock cycle. Memory resources, as used herein, are defined astotal
`
`capacity and access time of Random Access Memory (RAM)and total capacity and
`
`accesstime of Read-only Memory (ROM), wheretotal capacity may consist of the sum
`
`of the products of the individual capacities and the quantities of each memory device
`
`(such as a RAM chip, for example). Applications utilizing memory resources may vary
`
`their usage by the length of memory resource access time. Hard disk resources, as
`
`used herein, are defined as hard disk capacity (size), quantity (number of hard disks),
`
`disk input/output (amount of data transferred), and access time of system hard disks.
`
`Network resources, as used herein, are defined as network devices (such as network
`
`cards, routers, switches, and the like), network input/output, bandwidth, and packetsize
`
`and quantity (see at least 0011).
`
`It would have been obvious to one ofordinaryskill in
`
`the art at the time of the invention to include measuring CPU resources and data
`
`Page 11 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 9
`
`transmitted as taught by Alam in the system of Fadell, since the claimed invention is
`
`merely a combination of old elements, and in the combination each element merely
`
`would have performed the same function asit did separately, and one of ordinaryskill in
`
`the art would have recognizedthat the results of the combination werepredictable.
`
`11.
`
`Claim 6 is rejected under 35 U.S.C. 103(a) as being unpatentable over Fadell in
`
`view of Delesalle in further view of Alam as applied to claim 1 above, and further in view
`
`of Maehira et al., Pub. No. US2009/0150787 A1, hereinafter referred to as Mashira.
`
`As per Claim 6, Fadell fails to disclose wherein the measure of human
`
`movement is based on at least one of a measureof dispersion of key presses; a pattern
`
`and frequency of movementof a tracking device; and a countof at least one of key
`
`presses, squeezes, pushes, and pulls; changes between lower case and upper case, a
`
`count of numerical digits, and a count of different input devices providing information in
`
`responseto user input. However, teaching the key input count memory area 33f stores
`
`a count indicating the numberof times the operator has performed a prescribed key
`
`operation ( pressed a key, for example) on the keyboard 15. The countin the key input
`
`count memory area 33f is incremented by "1" each time the user performs a prescribed
`
`key operation on the keyboard 15, for example (see at least 0143).
`
`It would have been
`
`obvious to one of ordinary skill in the art at the time of the invention to include
`
`employee/humancosts as taught by Meahira in the system of Fadell, since the claimed
`
`invention is merely a combination of old elements, and in the combination each element
`
`Page 12 of 274
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`Page 12 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 10
`
`merely would have performed the same function as it did separately, and one of
`
`ordinary skill in the art would have recognized that the results of the combination were
`
`predictable.
`
`12.
`
`Claims 10, 12 and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Fadell in view of Delesalle in further view of Official Notice.
`
`As per Claim 10, Fadell fails to disclose wherein determining the measure
`
`includes sending a message via a networkto a nodefor determining the measure; and
`
`receiving a responsevia the networkidentifying the measure. Fadell does disclose
`
`providing a user with an alert such as a pop-up to a user. Further, the Examiner takes
`
`Official Notice that it is old and well knownin the art at the time of the applicant's
`
`invention to include providing notifications over the Internet.
`
`It would have been obvious
`
`to one of ordinary skill in the art at the time of the invention to include sending
`
`messagesoverthe Internet as taught by Official Notice in the system of Fadell, since
`
`the claimed invention is merely a combination of old elements, and in the combination
`
`each element merely would have performed the samefunction asit did separately, and
`
`one of ordinary skill in the art would have recognized that the results of the combination
`
`were predictable.
`
`As per Claim 12, Fadell fails to disclose wherein the representation of the
`
`resource is user selectable when the energy condition is met and is not user selectable
`
`Page 13 of 274
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`Page 13 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 11
`
`whenthe energy condition is not met. However, the Examiner takes Official Notice that
`
`it is old and well knownin the art at the time of the applicant's invention to include
`
`selectable and grayed-out non-selectable option icons on a computerdisplay. Further,
`
`the Examiner takes Official Notice thatit is old and well Known in the art at the time of
`
`the applicant's invention to include providing notifications over the Internet.
`
`It would
`
`have been obvious to one of ordinary skill in the art at the time of the invention to
`
`include selectable and grayed-out non-selectable option icons as taught by Official
`
`Notice in the system of Fadell, since the claimed invention is merely a combination of
`
`old elements, and in the combination each element merely would have performed the
`
`same function asit did separately, and one of ordinary skill in the art would have
`
`recognized that the results of the combination were predictable.
`
`As per Claim 15, Fadell fails to disclose presenting the representation of the
`
`resourcein a plurality of representations of resources according to an order based on a
`
`metric the measure represents. However, the Examinertakes Official Notice thatit is
`
`old and well knownin the art at the time of the applicant's invention to include sorting
`
`resources or processes by various metrics such as cost, CPU usage, etc.
`
`It would have
`
`been obvious to one of ordinaryskill in the art at the time of the invention to include
`
`sorting according to various metrics as taught by Official Notice in the system of Fadell,
`
`since the claimed invention is merely a combination of old elements, and in the
`
`combination each element merely would have performed the same function asit did
`
`Page 14 of 274
`
`Page 14 of 274
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`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 12
`
`separately, and one of ordinary skill in the art would have recognized that the results of
`
`the combination werepredictable.
`
`Conclusion
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NATHAN ERB whosetelephone number is (571)272-
`
`7606. The examiner can normally be reached on M-F 8:30 AM - 5:00 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, John Hayes can be reached on (571) 272-6708. The fax phone numberfor
`
`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a
`
`USPTO Customer Service Representative or accessto the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`NATHAN ERB
`Primary Examiner
`Art Unit 3628
`
`nhe
`
`Page 15 of 274
`
`Page 15 of 274
`
`

`

`Application/Control Number: 12/857,847
`Art Unit: 3628
`
`Page 13
`
`/NATHAN ERB/
`Primary Examiner, Art Unit 3628
`
`Page 16 of 274
`
`Page 16 of 274
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`

`

` Notice of References Cited
`
`
`
`CountryCode-Number-KindCode coYYYYTnUS-2008/0205399 At|08-2008|2008 |Delesalleeta.=sts—s—s—sOYetal. Name Classification370/392
`
`
`ae
`
`
`
`
`
`Classification
`
`
`
`Application/Control No.
`Applicant(s)/Patent Under
`Reexamination
`12/857,847
`MORRIS, ROBERT PAUL
`
`Examiner
`Art Unit
`
`3628
`
`Page 1 of 1
`
`NATHAN ERB
`
`U.S. PATENT DOCUMENTS
`
`Document Number
`
`Date
`
`Pe]|
`
`NON-PATENT DOCUMENTS
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*A copyof this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US orforeign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20140324
`
`Page 17 of 274
`
`
`
`Page 17 of 274
`
`

`

`
`
`
`
`
`Index of Claims
`
`Application/Control No.
`
`12857847
`
`Examiner
`
`FADEY JABR
`
`Applicant(s)/Patent Under
`Reexamination
`MORRIS, ROBERT PAUL
`
`Art Unit
`
`3628
`
`v
`
`=
`
`Rejected
`
`Allowed
`
`-
`
`+
`
`Cancelled
`
`Non-Elected
`
`Restricted
`
`Interference
`
`Appeal
`
`Objected
`
`(] Claims renumbered in the same order as presented by applicant
`
`Ol CPA
`
`O T.D.
`
`O R.1.47
`
`CLAIM
`DATE
`
`
`Final
`
`Original
`
`|04/04/2012 |07/07/2012| 03/24/2014
`
`aa
`
`OOA
`sfff J
`EO a
`5
`v
`v
`v
`
`6
`v
`v
`v
`
`7
`v
`v
`oes|~|~~|vy|ftft |
`PFoo|vv|vw|vw{|ftft |
`Csae |
`Poa|we|wewe
`Poe|we|weEw
`13
`v
`v
`
`vP
`
`vpoppe
`
`as
`A —
`a J
`ee |
`Po9|vy|vw|ve|ft |
`20
`v
`v
`v
`
`U.S. Patent and TrademarkOffice
`
`Part of Paper No.
`
`| 20140324
`
`Page 18 of 274
`
`Page 18 of 274
`
`

`

`
`Application/Control No.
`Applicant(s)/Patent Under
`Reexamination
`MORRIS, ROBERT PAUL
`
`Search Notes
`
`12857847
`
` Examiner
`
`
`
`
`Art Unit
`
`3628
`
`
`
`FADEY JABR
`
`CPC- SEARCHED
`
`Symbol
`
`
`
` Examiner Date |
`
`
`
`
`
`CPC COMBINATION SETS - SEARCHED
`
`
`
`US CLASSIFICATION SEARCHED
`
`Date
`Class
`Subclass
`
`
`
`Examiner
`
`
`
`SEARCH NOTES
`
`FSJ EASTsearch, search strategy attached
`
`4/4/12
`EASTSearch, see attached
`EIC Plus Search, see attached
`“6/12
`EAST Search, see attached
`3-24-2014
`
`
` US Class/
`US Subclass / CPC Group|Date|Examiner|CPC Symbol
`
`ff
`
`INTERFERENCE SEARCH
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.
`
`| 20140324
`
`Page 19 of 274
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`Page 19 of 274
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`

`

`EAST Search History
`
`EAST Search History
`
`EAST Search History (Prior Art)
`
` ‘Ref
`NG
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`
`
`Hits (‘Search Query
`
`{
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`iimetered or metering or meterer) near15
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`yor @rlad< "20100817" or
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`|@ptad<"20100817") and ((meter or
`
`USPAT;
`sees
`\FPRS; EPO;
`
`file:///Cl/Users/nerb/Documents/e-Red%201older/12857847/LA STSearchHistory.12857847_AccessibleVersion .htm[3/24/2014 11:21:27 AM]
`Page 20 of 274
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`Page 20 of 274
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`

`EAST Search History
`
`‘|(US-20040068447-$) did.
`
`
`‘metered or metering or meterer) near15 \JPO;
`(processing) near15 (data)).ab. and (per) | DERWENT
`i(@ad<"20100817" or @pd<"20100817"
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`dor @rlad< "20100817"or
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`# DERWENT
`
`‘{("20080205399").PN.
`
`EAST Search History (Interference)
`
`<This search history is empty>
`
`3/24/2014 11:21:25 AM
`C:\ Users\ nerb\ Documents\ EAST\ Workspaces\ 20140324d.wsp
`
`file:///Cl/Users/nerb/Documents/e-Red%201older/12857847/LA STSearchHistory.12857847_AccessibleVersion .htm[3/24/2014 11:21:27 AM]
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`

`PTO/SB/80 (11-08)
`Approvedfor use through 11/30/2011. OMB 0651-0035
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`
`POWER OF ATTORNEY TO PROSECUTE APPLICATIONS BEFORE THE USPTO
`
`37 CFR 3.73(b).
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`
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`
`Please change the correspondenceaddressfor the application identified in the attached statement under 37 CFR 3.73(b) to:
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`Telephone
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`Email
`
`Assignee N