Lupercal LLC v. CitiBank, N.A.

Western District of Texas, txwd-6:2019-cv-00201

Exhibit PC02

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2 EXHIBIT PC02 •, > • "Express Mail" Mailing Label No. o EL 832 885 509 US March 22 2002 • 2: • .1 Patent Attorney's Docket No. 032374-003 THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Patent Application of)) Lisa T. WOOD, et al.) Group Art Unit: 2173) Application No.: 09/357,836) Examiner: Trong D. Bui) Filed: July 21, 1999)) For: WEB-BASED MEDIA SUBMISSION TOOL)) AMENDMENT AND RESPONSE TO OFFICE ACTION RECEIVED Assistant Commissioner for Patents Washington, D. C. 20231 · MAR 2 3 ZOOZ Technology Center 21 oo Sir: In response to the Office action mailed November 23, 2001, please amend the above-referenced application as follows: In the Drawings Five (5) sheets of formal drawings are submitted herewith. The method of Claim 1 further comprising the steps of digitally Reducin the size of the media object, the media object for purposes of transportation, le format of the media object, .. .' (lVOOr '' '· ! ' < • ·. . ' • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 2 the aspect ratio or otherwise cropping the media object, Adding t t or other annotation to the media object, r otherwise converting the media object, e media object in a manner that completely fills the media object s the aspect ratio of the media object within the media object identifier, Changing the ientation or otherwise rotating the media object, Combining (inc uding stitching) of multiple media objects, or Enhancing the· age by changing its contrast or saturation values. 3. (Amended) The methods of Claims l or 2 wherein the media object is associated with the media bject identifier by dragging a visual representation of the media object from the.first locatio to the media object identifier in the Web page. 4. (Amended) Th methods of Claims 1 or 2 wherein the media object is associated with the media objec identifier by browsing and selecting files on the first location. 5. (Amended) The meth ds of Claim I or 2 wherein more than one media object is associated or processed simu 6. (Amended) The methods Claim I or 2 wherein more than one media object identifier is generated dynamically generated from pre-set instructions. ~add new claims 7-14, as follows: (lVOO) • 2 • Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 3 A method comprising: using a web-based inedia submission tool as a graphical user interface for acquiring a second locatio e media object with other required data, and associating the ith a web page of the web site. The method of Claim 7 wherein the pre-processing includes reducing 9. The method of Claim 7 wherein the pre-processing includes of the media object. 10. [New] The ethod of Claim 7 wherein the web based media submission tool allows display of the media~t in context on the web page. '11. [ The method of Claim 7 wherein the web based media submission tool is embedded in thod of Claim 11 wherein the web based media submission tool is embedded in 3. T~ethod of Claim 7 wherein the media object is a digital image. " (IVOO) • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 4 REMARKS The drawings have been objected to for a number of informalities. Formal drawings are submitted along with this amendment. Claims 3-6 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. Claims 3-6 have been amended so that these claims refer to other claims in the alternative. Claims 2, 5 and 6 are rejected under 35 U .S.C. § 112, second paragraph, as being indefinite since alternative limitations are not permitted in claims. The Applicants respectfully traverse this rejection. The MPEP, Section 2173.05(i) II, states that alternative expressions including "OR" terminology are acceptable. This section points to a case in which "or" language was held to be acceptable and not in violation of 35 U .S.C. § 112, second paragraph. For this reason, claims 2, 5 and 6 are believed to be in proper form. Claims 1-6 are rejected under 35 U.S.C. § 103(a) as being unpatentable over U.S. Patent No. 6,035,323 to Narayen et al. in view of Netscape Communication Corporation's Netscape Communicator 4. 75 software. Applicants respectfully traverse this rejection. Step 225 described in the Narayen et al. reference describes acquiring images and authoring an album with layout and style that can be converted into an Internet-viewable format (such as an HTML format). Step 227 describes publish software transmitting the album format data and signatures (or images) to a server computer system. As described in the N arayen et al. patent, the signature is an element such as a tracking number that is used by the picture management system to refer to the images. This signature cannot be considered to be a media object identifier as described in the present invention. The system of Narayen et al. is similar to the prior-art systems described in the State of The Art section of the present application, and has many of the limitations of this prior art as described in the present application. The Netscape Communicator reference describes a method of graphically acquiring a digital image with a browser. (lVOO) "'l..... ·. • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 5 The Narayen et al. and the Netscape Communicator references, alone or in combination, do not produce the system of Claim 1 of the present invention. Claim 1 reads as follows: 1. (Amended) A method of transporting a media object from a first location to a second location, comprising the steps of: accessing a Web page containing at least one media object identifier; locating a media object on a first location; associating the media object with the Web page media object identifier; transporting the media object from the first location to the second location. In Claim 1, the web page includes a media object identifier. The media object is associated with the media object identifier. This is not done in any of the cited references, alone or in combination. The signature as described in Narayen et al. cannot be considered to be a media object identifier. The specification of the present invention makes it clear that the media object identifier is a software component, typically including a graphical user interface. This is far different from a signature (or tracking number) used jn the Narayen et al. reference. For this reason, Claim 1 is believed to be allowable. Claims 2-6 are believed to be allowable because they are dependent upon Claim 1 and because of the additional limitations of these claims. The media object identifier system of the present invention has enjoyed great commercial success. Many existing websites including Ebay.com and Realtor.com use media object identifiers produced by the assignee of the present invention. Enclosed with. this amendment is a web page from Ebay.com showing how, on a "sell your item" page, an example of a media object identifier is used to associate digital images with an auction web page. (!VOO) .. ·. • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 6 In each 24-hour period today, media object identifiers produced by the assignee of the present invention facilitate the acquisition of over a million unique media objects from contributors around the world, resulting in over two hundred million unique image views in the same 24-hour period. Prior to the invention of the media object identifier, customers had unique and unsolved problems with media objects. Ebay had many customer complaints related to the inability to easily associate images with auctions. The use of the media object identifier eliminated this problem for Ebay. In another example, Realtor .com had a department solely to scan and input photos that were sent to them in the mail from thousands of real-estate agents. Now, the real-estate agents, who are not technically, trained, can easily send digital media objects to Realtor .com using the media object identifier. Also enclosed with this Amendment are pages from a case study of a market report concerning Ebay. Note that before the IPIX system, the "sell your item" page required a URL for a picture. Randy Chin, the Director of Ebay .com services, humorously described this prior system as requiring "an electrical engineering degree." The use of the IPIX system with media object identifier made it easy for untrained users to add the pictures. New Claims 7-14 have been added. New Claim 7 reads as follows: 7. [new] A method comprising: using a web-based media submission tool as a graphical user interface for acquiring media objects; pre-processing the media object for the presentation requirements of a website, or printing requirements of a publisher prior to moving the media object from a first location to a second location; and permanently associating the media object with other required data, and associating the pre-processed media object with a web page of the web site. (lVOO) ·. • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 7 It is believed that the new Claim 7 is not made obvious by any of the cited art. New claim 7 differentiates the invention from prior art by defining the media object identifier as a graphical user interface component for acquiring and processing media objects. This component takes the form of a container for holding, and displaying a visual representation of the media object selected for upload. This component is designed to be integrated into the data collection workflow of existing websites and network applications, allqwing the acquired media objects to remain permanently associated with other collected data. Further limitations in claim 7 state that the Media Object Identifier processes the media objects at the first location to meet the specific formatting requirements of the receiving website, prior to the media object being transported to a second location. Claims 8-14 are believed to be allowable because they are dependent upon Claim 7 and because of the additional limitations of these claims. Respectfully submitted, BURNS, DOANE, SWECKER & MATHIS, L.L.P. Joseph P. 0 'Malley Registration No. 36,226 Redwood Shores, California Office Tel: (650) 622-2333 P.O. Box 1404 Alexandria, Virginia 22313-1404 Date: March 22, 2002 • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 8 Marked-Up Version of Claims as Herein Amended 2. (Amended) The method of Claim 1 further comprising the steps of digitally processing the media object prior to [transporation] transportation to the second location in at least one of the following ways: Reducing the size of the media object, Compressing the media object for purposes of transportation, Changing the file format of the media object, Changing the aspect ratio or otherwise cropping the media object, Adding text or other annotation to the media object, Encoding or otherwise converting the media object._ Processing the media object in a manner that completely fills the media object identifier or maintains the aspect ratio of the media object within the media object identifier... Changing the orientation or otherwise rotating the media object, Combining (including stitching) of multiple media objects, or Enhancing the image by changing its contrast or saturation values. 3. (Amended) The methods of Claims 1 [and] or 2 wherein the media object is associated with the media object identifier by dragging a visual representation of the media object from the first location to the media object identifier in the Web page. 4. (Amended) The methods of Claims 1 [and] or 2 wherein the media object is associated with the media object identifier by browsing and selecting files on the first location. ·.: • • 2 Amendment and Response to Office Action Attorney Docket No. 032374-003 Application No. 09/357,836 Page 9 5. (Amended) The methods of Claim I [and] or 2 wherein more than one media object is associated or processed simultaneously 6. 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