Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

Exhibit C

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5 EXHIBIT C 5 NT AND TP STRADEN SEATES PATS UNITED STATES PATENT AND TRADEMARK OFFICE PUNI PEPARTME UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS PO Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE | 468536USSPPMSH CONT CONFIRMATION NO. 7696 APPLICATION NUMBER 15/080,681 FILING OR 371(C) DATE 03/25/2016 Koji HIRANO PUBLICATION NOTICE 22850 OBLON, MCCLELLAND, MAIER & NEUSTADT, L.L.P. 1940 DUKE STREET ALEXANDRIA, VA 22314 *OC000000084529741* Title:RECORDING APPARTUS, SERVER APPARTUS, RECORDING METHOD, PROGRAM AND STORAGE MEDIUM Publication No.US-2016-0210995-A1 Publication Date:07/21/2016 NOTICE OF PUBLICATION OF APPLICATION The above-identified application will be electronically published as a patent application publication pursuant to 37 CFR 1.211, et seq. The patent application publication number and publication date are set forth above. The publication may be accessed through the USPTO's publically available Searchable Databases via the Internet at www.uspto.gov. The direct link to access the publication is currently http://www.uspto.gov/patft/. The publication process established by the Office does not provide for mailing a copy of the publication to applicant. A copy of the publication may be obtained from the Office upon payment of the appropriate fee set forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's Office of Public Records. The Office of Public Records can be reached by telephone at (703) 308-9726 or (800) 972-6382, by facsimile at (703) 305-8759, by mail addressed to the United States Patent and Trademark Office, Office of Public Records, Alexandria, VA 22313-1450 or via the Internet. In addition, information on the status of the application, including the mailing date of Office actions and the dates of receipt of correspondence filed in the Office, may also be accessed via the Internet through the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application Information and Retrieval (PAIR) system. The direct link to access this status information is currently http://pair.uspto.gov/. Prior to publication, such status information is confidential and may only be obtained by applicant using the private side of PAIR. Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent Electronic Business Center at 1-866-217-9197. Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101 page 1 of 1 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 50. (New) The method according to claim 30, wherein the transferring status indicates the percentage of the files of source data on the first storage medium stored in the second storage medium. 51. (New) The method according to claim 30, wherein the automatically transferring step comprises: automatically transferring a plurality of the files of source data to the second storage medium when the plurality of the files are determined not to be stored on the second storage medium in the automatically identifying step. 52. (New) The method according to claim 21, wherein the step of automatically transferring comprises: automatically transferring the one of the files of source data to the second storage medium of an external apparatus that is connected to the information processing apparatus via a data interface. 53. (New) The method according to claim 52, wherein the external apparatus includes circuitry configured to download files of content data from an external server. 54. (New) The information processing apparatus according to claim 31, wherein the circuitry is configured to automatically transfer the one of the files of source data to the second storage medium of an external apparatus that is connected to the circuitry of the information processing apparatus via a data interface. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 55. (New) The information processing apparatus according to claim 54, wherein the external apparatus includes circuitry configured to download files of content data from an external server. 56. (New) The information processing apparatus according to claim 40, wherein the circuitry is configured to automatically transfer the one of the files of source data to the second storage medium of an external apparatus that is connected to the circuitry of the information processing apparatus via a data interface. 57. (New) The information processing apparatus according to claim 56, wherein the external apparatus includes circuitry configured to download files of content data from an external server. 58. (New) The information processing apparatus according to claim 40, wherein the symbolic figure is a rectangular percentage bar. 59. (New) The information processing apparatus according to claim 40, wherein the symbolic figure is a circle. 60. (New) The information processing apparatus according to claim 40, wherein the circuitry is configured to compress the one of the files of source data, and wherein the compressed one of the files of source data is transferred onto the second storage medium by the circuitry. 10 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 61. (New) The information processing apparatus according to claim 40, wherein the second management data includes at least one of an album ID, album title, and track title. 62. (New) The information processing apparatus according to claim 40, wherein the circuitry is configured to download files of content data from an external server, and wherein the second management data also identifies the files of downloaded content data stored on the second storage medium as the transferred data. 63. (New) The information processing apparatus according to claim 40, wherein the circuitry automatically reads the first management data from the first storage medium, and automatically identifies the one of the files of source data based on the first management data and the second management data, when the first storage medium is loaded in, or connected to, the information processing apparatus. 64. (New) The information processing apparatus according to claim 40, wherein the transferring status indicates the percentage of files of source data on the first storage medium stored in the second storage medium. 65. (New) The information processing apparatus according to claim 40, wherein the circuitry is configured to automatically transfer a plurality of the files of source data to the second storage medium when the plurality of the files are determined not to be stored on the second storage medium by the circuitry. 11 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 REMARKS Favorable reconsideration of this application, as presently amended and in light of the following discussion, is respectfully requested. Claims 21-65 are currently pending. Claims 42-65 have been added by the present Amendment. The newly added claims are supported by the originally filed specification and claims. Thus, no new matter has been added. 1 In the outstanding Office Action, Claims 21-41 were rejected on the ground of non- statutory double patenting as being unpatentable over Claims 21-41 of U.S. Patent No. 9,330,707 (hereinafter "the '707 patent"). Double Patenting Rejection Regarding the rejection of Claims 21-41 on the ground of non-statutory double patenting, it is respectfully submitted that the rejection is rendered moot by the Terminal Disclaimer filed herein. It is noted that the "filing of a terminal disclaimer simply serves the statutory function of removing the rejection of double patenting, and raises neither presumption nor estoppel on the merits of the rejection." Quad Environmental Technologies Corp. v. Union Sanitary District, 946 F.2d 870, 874, 20 USPQ2d 1392, 1394-5 (Fed. Cir. 1991). Accordingly, the rejection of Claims 21-41 on the ground of non-statutory double patenting is believed to have been overcome. Conclusion The present Amendment also adds new Claims 42-65 for examination on the merits. No new matter has been added. It is respectfully submitted that Claims 42-65 are allowable based on the apparently allowability of their respective base claims. 1 See, e.g., [0382], Fig. 14 and the discussion related thereto in corresponding U.S. Patent Application Publication No. 2016/0210995. 12 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 Thus, it is respectfully submitted that independent Claims 21, 30, 31, and 40 (and all associated dependent claims) are allowable. Consequently, in view of the present amendments and in light of the above discussion, the outstanding ground for rejection is believed to have been overcome. The application as amended herewith is believed to be in condition for allowance. An early and favorable action to that effect is respectfully requested. Respectfully Submitted, OBLON, McCLELLAND, MAIER & NEUSTADT, L.L.P. /Johnny Ma Bradley D. Lytle Attorney of Record Registration No. 40,073 Customer Number 22850 Tel. (703) 413-3000 Fax. (703) 413-2220 (OMMN 07/09) Johnny Ma Registration No. 59,976 13 5 DOCKET NO: 468536USSPPMSH CONT IN THE UNITED STATES PATENT & TRADEMARK OFFICE IN RE APPLICATION OF KOJI HIRANO, ET AL.: EXAMINER: PENDLETON. DIONNE SERIAL NO: 15/080,681 FILED: MARCH 25, 2016: GROUP ART UNIT: 2688 FOR: RECORDING APPARATUS, SERVER APPARATUS, RECORDING METHOD, PROGRAM AND STORAGE MEDIUM AMENDMENT UNDER 37 C.F.R. $.1.111 COMMISSIONER FOR PATENTS ALEXANDRIA, VIRGINIA 22313 Commissioner: In response to the Office Action dated June 16, 2016, please amend the above- identified application as follows: Amendments to the Claims are reflected in the listing of claims which begins on page 2 of this paper. Remarks begin on page 12 of this paper. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 IN THE CLAIMS Please amend the claims as follows: 1-20. (Canceled). 21. (Previously Presented) A non-transitory computer-readable storage medium storing instructions which, when executed by a computer, cause the computer to perform a method of an information processing apparatus for transferring data, the method comprising: automatically reading first management data from a first storage medium, the first management data identifying files of source data stored on the first storage medium; automatically identifying, by the computer, one of the files of source data based on the first management data and second management data, the second management data identifying files of transferred data stored on a second storage medium, the one of the files of source data being absent from the second storage medium; and automatically transferring the one of the files of source data to the second storage medium, the one of the files of source data being transferred becoming one of the files of transferred data; and automatically displaying transferring status of the one of the files of source data by a symbolic figure. 22. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the symbolic figure is a rectangular percentage bar. 23. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the symbolic figure is a circle. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 24. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, further comprising: compressing the one of the files of source data, and wherein the compressed one of the files of source data is transferred onto the second storage medium in the automatically transferring step. 25. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the second management data includes at least one of an album ID, album title, and track title. 26. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the method further comprises: downloading files of content data from an external server, and wherein the second management data also identifies the files of downloaded content data recorded on the second storage medium as the transferred data. 27. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the automatically reading and automatically identifying steps are performed when the first storage medium is loaded in, or connected to, the information processing apparatus. 28. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the transferring status indicates the percentage of the files of source data on the first storage medium stored in the second storage medium. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 29. (Previously Presented) The non-transitory computer-readable storage medium according to claim 21, wherein the automatically transferring step comprises: automatically transferring a plurality of the files of source data to the second storage medium when the plurality of the files are determined not to be stored on the second storage medium in the automatically identifying step. 30. (Previously Presented) A method of an information processing apparatus for transferring data, the method comprising: automatically reading first management data from a first storage medium, the first management data identifying files of source data recorded on the first storage medium; automatically identifying, by circuitry of the information processing apparatus, one of the files of source data based on the first management data and second management data, the second management data identifying files of transferred data stored on a second storage medium, the one of the files of source data being absent from the second storage medium; and automatically transferring the one of the files of source data to the second storage medium, the one of the files of source data being transferred becoming one of the files of transferred data; and automatically displaying transferring status of the one of the files of source data by a symbolic figure. 31. (Previously Presented) An information processing apparatus, comprising: circuitry configured to 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 automatically read first management data from a first storage medium, the first management data identifying files of source data stored on the first storage medium, automatically identify one of the files of source data based on the first management data and second management data, the second management data identifying files of transferred data stored on a second storage medium, the one of the files of source data being absent from the second storage medium, automatically transfer the one of the files of source data to the second storage medium, the one of the files of source data being transferred becoming one of the files of transferred data, and automatically control a display to display transferring status of the one of the files of source data by a symbolic figure; and the display configured to display the transferring status by the symbolic figure. 32. (Previously Presented) The information processing apparatus according to claim 31, wherein the symbolic figure is a rectangular percentage bar. 33. (Previously Presented) The information processing apparatus according to claim 31, wherein the symbolic figure is a circle. 34. (Previously Presented) The information processing apparatus according to claim 31, wherein the circuitry is configured to compress the one of the files of source data, and wherein the compressed one of the files of source data is transferred onto the second storage medium by the circuitry. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 35. (Previously Presented) The information processing apparatus according to claim 31, wherein the second management data includes at least one of an album ID, album title, and track title. 36. (Previously Presented) The information processing apparatus according to claim 31, wherein the circuitry is configured to download files of content data from an external server, and wherein the second management data also identifies the files of downloaded content data stored on the second storage medium as the transferred data. 37. (Previously Presented) The information processing apparatus according to claim 31, wherein the circuitry automatically reads the first management data from the first storage medium, and automatically identifies the one of the files of source data based on the first management data and the second management data, when the first storage medium is loaded in, or connected to, the information processing apparatus. 38. (Previously Presented) The information processing apparatus according to claim 31, wherein the transferring status indicates the percentage of files of source data on the first storage medium stored in the second storage medium. 39. (Previously Presented) The information processing apparatus according to claim 31, wherein the circuitry is configured to automatically transfer a plurality of the files of source data to the second storage medium when the plurality of the files are determined not to be stored on the second storage medium by the circuitry 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 40. (Previously Presented) An information processing apparatus, comprising: circuitry configured to automatically read first management data from a first storage medium, the first management data identifying files of source data recorded on the first storage medium, automatically identifying one of the files of source data based on the first management data and second management data, the second management data identifying files of transferred data stored on a second storage medium, the one of the files of source data being absent from the second storage medium, automatically transfer the one of the files of source data to the second storage medium, the one of the files of the source data being transferred becoming one of the files of transferred data, and automatically output transferring status of the one of the files of source data by a symbolic figure. 41. (Previously Presented) The information processing apparatus according to claim 40, wherein the transferring status indicates the percentage of the files of source data on the first storage medium stored in the second storage medium. 42. (New) The non-transitory computer-readable storage medium according to claim 21, wherein the step of automatically transferring comprises: automatically transferring the one of the files of source data to the second storage medium of an external apparatus that is connected to the computer via a data interface. 5 Application No. 15/080,681 Reply to Office Action of June 16 2016 43. (New) The non-transitory computer-readable storage medium according to claim 42, wherein the external apparatus includes circuitry configured to download files of content data from an external server. 44. (New) The method according to claim 30, wherein the symbolic figure is a rectangular percentage bar. 45. (New) The method according to claim 30, wherein the symbolic figure is a circle. 46. (New) The method according to claim 30, further comprising: compressing the one of the files of source data, and wherein the compressed one of the files of source data is transferred onto the second storage medium in the automatically transferring step. 47. (New) The method according to claim 30, wherein the second management data includes at least one of an album ID, album title, and track title. 48. (New) The method according to claim 30, wherein the method further comprises: downloading files of content data from an external server, and wherein the second management data also identifies the files of downloaded content data recorded on the second storage medium as the transferred data. 49. (New) The method according to claim 30, wherein the automatically reading and automatically identifying steps are performed when the first storage medium is loaded in, or connected to, the information processing apparatus.