Lupercal LLC v. CitiBank, N.A.

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

Exhibit PC04

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3 EXHIBIT PC04 • >' 3. "'o .; ',1\\~ .... -<) VJi.R ~{ IN THE UNITED STATES PATENT AND TRADEMARK OFFICE J ~-1?'. re~ I & TRAO n re Application PATENT APPLICATION r Inventor(s): Wood, et al. SC/Serial No.: 09/357,836 Art Unit: 2173 Confirm. No.: 9787 Examiner: Hailu, Tadesse Filed: July 21, 1999 Title: WEB-BAND MEDIA SUBMISSION TOOL Customer No. 23910 CERTIFICATE OF MAILING UNDER 37 C.F.R. § 1.8 I hereby certify that this correspondence is being deposited in the United States Postal Service with sufficient postage as first class mail in an envelope addressed to Art Unit 217 Commissioner for Patents, Washington, DC 20231, on March 6, 2003. Joseph P. 0 alley, Reg. No. 36,226 Signature Date: March 6, 2003 RECEIVED AMENDMENT TO OFFICE ACTION UNDER 37 C.F.R. § 1.111 MAR 1 7 1003 \ Technole>gy Center 21 oo Art Unit 2173 l Commissioner for Patents i Washington, DC 20231 Sir: This Amendment is in reply to the Office action mailed November 8, 2002. The fee for addition of new claims is included herewith. An appropriate Petition for Extension of Time to Respond is submitted herewith, together with the appropriate fee. Amendments Please amend the above-identified application as follows: Please amend the claims as shown below and add new claims 48-85, all as shown below. All pending claims are reproduced below, including those that remain unchanged. !"!'"\ff\-# tl"\!'\t\.., 1''.\t'PI r """"' ........,.,. "' ... 11. -. . -- .... ~ - 1- Attorney Docket No.: IPIX-0'1003USO JOmalley/JPJX/1003/1003us0. l 1.8.02 resp.wpd • • 3 --,r----1-------------------------~~~-~~~·~-~~-~-----~--____. ~ .""/ .(Previously Amended): The method of claim 15 wherein the pre-processing includes one ofthe ';J (following Redu ing the file size of the media object, Compr ssing the media object for purposes of transportation, Changin the file format of the media object, Changing t e aspect ratio or otherwise cropping the media object, other annotation to the media object, Encoding or ot erwise converting the media object, Processing the me ia object in a manner that completely fills the media object identifier or maintains the aspect ratio of the medi object within the media object identifier, Changing the orienta n or otherwise rotating the media object, Combining (including s "tching) of multiple media objects, or Enhancing the image by c nging its contrast or saturation values. 3 .(Previously Amended): The ethods of claims 15 or 2 wherein the media object is associated with the media object identifier by draggin a visual representation of the media object to the graphical user interface of the media object identifier. 4.(Previously Amended): The method of claims 15 or 2 wherein the media object is associated with the media object identifier by browsing and s lecting files. -2- Attorney Docket No.: IPIX-OI003USO JOmalley/IPIX/I 003/1003us0. It .8.02 resp.wpd, ·. • • 3 The methods of claim 15 or 2 wherein more than one media object is The methods of claim 15 or 2 wherein more than one media object identifier is generated dynamical or generated from pre-set instructions. The method of claim 15 wherein the pre-processing includes reducing The method of claim 15 wherein the pre-processing includes modifying 10.(Previously Amended): e method of claim 15 wherein the media object identifier allows display of the media object in context on th 3 .(Previously ended): The method of claim 15 wherein the media object is.a digital image. 15.(Curren y Amended): A method comprising the steps of: accessing at east one media object identifier, the media object identifier being embedded within a third-party web site, e media object identifier including a graphical user interface for acquiring media objects; associating a me• ia object with the media object identifier; and -3- Attorney Docket No.: IPIX·OIOOJUSO JOmalleynPIXJI 003/1003us0. J J.8.02 resp.wpd • • ·. 3 A method comprising the steps of: accessing a web site ontaining a media object identifier, the media object identifier including a graphical user interface for acq iring media objects; associating a media objec with the media object identifier; and identifier for the requirements of a web ite, the pre-processing including checking a file size of the media object and if the file size of the media obj tis larger than a predetermined maximum file size reducing the file size of the media object, the pre-proce ing being done without additional user selection of the pre- processing inpttt, and 17 .(Previously Amended): The method o claim 16 wherein the pre-processing further includes one of the following steps: Compressing the media object for purposes o Changing the file format of the media object, Changing the aspect ratio or otherwise cropping t e media object, Adding text or other annotation to the media objec Encoding or otherwise converting the media object, -4- Attorney Docket No.: IPIX·OIOOJUSO JOmalley/IPIX/1003/1 OOJus0.11.8.02 resp.wpd • • 3 Proc ssing the media object in a manner that completely fills the media object identifier or maintains the aspect rati of the media object within the media object identifier, Changin the orientation or otherwise rotating the media object, Combining 'ncluding stitching) of multiple media objects, or Enhancing the · age by changing its contrast or saturation values. 18.(Previously Ame. ded): The method of claim 16 wherein the media object is associated with the media object identifier by ragging a visual representation of the media object to the graphical user /'\o/ 19.(Previously Amended): e method of claim 16 wherein the media object is associated with ~' the media object identifier by browsing 20.(Previously Amended): hod of claim 16 wherein more than one media object is associated or processed simultaneously. 21.(Previously Amended): The method o laim 16 wherein more than one media object identifier is generated dynamically or generated from pre-set i structions. 22.(Previously Amended): The method of clai 16 wherein the media object identifier allows display of the media object in context on the web page. -5- Attorney Docket No.: IPIX-01003USO JOmalleynPIX/I 003/1003us0. I J .8.02 resp.wpd • • 3 ff in the web site. sly Amended): The method of claim 16 wherein the media object identifier is embedded 24.(Previously Amen The method of claim 16 wherein the media object is a digital image. ~ancelled) (2 (Currently Amended): The computerreadable medium containing a program software of claim 25 48 wherei the pre-processing includes one of the following steps: Reducing e file size of the media object, Compressing e media object for purposes of transportation, Changing the file rmat of the media object, Changing the aspect ra ·o or otherwise cropping the media object, Adding text or other annota: 'on to the media object, Encoding or otherwise converti Processing the media object in a mann r that completely fills the media object identifier or maintains the aspect ratio of the media object within the Changing the orientation or otherwise rotati g the media object, Combining (including stitching) of multiple me ia objects, or Enhancing the image by changing its contrast or sa -6- Attorney Docket No.: IPJX-01003USO JOmalley/IPJX/I 003/l 003us0. l 1.8.02 resp.wpd • • 3 rrently Amended): The computer readable medium containing a program soft~~ are of claim re than one media object identifier is generated dynamically or generated from pre-set instructions. The computer readable medium containing a program sofm are of claim 2-5 48 wherein the pre-processin "ncludes reducing the size of the media object. wherein the pre-processing includes modi 'ng the format of the media object. 30.(Amended): wherein the media object is a digital image. Currently Amended): The computerreadable medium containing a program software of claim re-processing further includes one of the following steps: media object for purposes of transportation, Changing the file fo Changing the aspect ratio or therwise cropping the media object, Adding text or other annotation to e media object, Encoding or otherwise converting the - 7- Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/1003/I 003us0. I I .8.02 resp.wpd • • 3 Pro ssing the media object in a manner that completely fills the media object identifier or maintains the aspect rati of the media object within the media object identifier, r e orientation or otherwise rotating the media object, Combining (1 eluding stitching) of multiple media objects, or Enhancing the i age by changing its contrast or saturation values. The computer readable medium containing a program softvv are of claim 3t 49 wherein more than one me ia object identifier is generated dynamically or generated from pre-set instructions. 3t 49 wherein the media object identifier is mbedded in the web site. 3t 49 wherein the media object is a digital image. 36.(Previously Added): The method ofclaim 15, herein the media object identifier is configurable to control the pre-processing. 37 .(Previously Added): The method ofclaim 36, where' the media object identifier is configurable by operators of the third party web site to control the pre-proce ing. - 8- Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/I 003/1003us0. I 1.8.02 resp.wpd • 3 • The method of claim 15, wherein requirements relate to presentation the third party web site. The method of claim 16, wherein the media object identifier is configurable 40 .(Previously Added): The method of claim 39, wherein the media object identifier is configurable by operators of the web site to co trol the pre-processing. 41.(Previously Added): The ethod of claim 16, wherein requirements relate to presentation requirements of the web site. 48, wherein the media object identifier is configu ble to control the pre-processing. 42, wherein the media object identifier is configurable by o rators of the third party web site to control the pre-processing. Z5 48, wherein requirements relate to presentation requirements of, e third party web site. -9- Attorney Docket No.: IPIX-01003USO JOmalley/IPJX/l 003/l 003us0. l 1.8.02 resp.wpd • • 3 45. Currently Amended): The computer readable medium containing a program sofn• ate of claim 3t 49 which tH media object identifier is configurable to control the pre-processing. ended): The computer readable medium containing a program soft~ are of claim 45, wherein the media otrect identifier is configurable by operators of the web site to control the pre- processing. 47.(Currently Amended): e computerreadable medium containing a program software of claim 3t 49, wherein requirements relate to ~esentation requirements of the website. .(New): A computer readable medium containing a program adapted to implement the method media object with a media object identifier, the media object identifier being embedded within a third-party we ite, the media object identifier including a graphical user interface for acquiring media objects; and ·ect by the media object identifier for the requirements of the third-party web site, the pre-processing being do without user selection of the pre-processing. ~(New): A computerreadable medi containing a program adapted to implement the method of: associating a media object with a media object entifier at a web site, the media object identifier including a graphical user interface for acquiring edia objects; and - 10 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/1003/1003us0. l l .8.02 resp.wpd • • 3 " p e-processing the media object by the media object identifier for the requirements of a web site, the including checking a file size of the media object and ifthe file size of the media object is larger than a pre etermined maximum file size reducing the file size of the media object, the pre-processing being done withou user selection of the pre-processing. /o.(New): acquiring a media o ·ect with a web page displayed at a local computer; pre-processing the me ·a object at the local computer without user selection of the pre-processing; and uploading the pre-processe media object from the local computer to a remote server. 51.(New): 50, wherein the web page includes an embedded graphical user interface for media object acquisition so 52.(New): The method of claim 51, herein the graphical user interface embedded in the web page is positioned within a rectangular region o the web page display. 53.(New): The method of claim 52, whe in the web page includes code for obtaining media object acquisition software. 54.(New): The method of claim SO, wherein the \ i a object acquisition software includes media object identifier. - 11 - Attorney Docket No.: IPIX·OI003USO JOmalley/IPIX/1003/1003us0. I 1.8.02 resp.wpd • ·. • 3 55.~ew): The method of claim 54, wherein the media object identifier is an active X or Java applet compo~t. 56.(New): The metho~· · 50, wherein the web page contains parameters used by the media object acquisition software to con the pre-processing. l The method of claim 50, wherein the remote server enables the media object to be The method of claim 50, wherein the web page is used to acquire the media object by a user dragging and dro ing the media object into a graphical user interface for media object acquisition software embedded in the 59.(New): Themethodofc 'm 50, wherein a graphical user interface for media object acquisition software embedded in the web page can e used to select media objects from a file system of the local computer. 60.(New): The method of claim 50, wherein he pre-processing includes changing a file type of media object. 61.(New): The method of claim 50, wherein pre-proce ing includes checking a file size of the media object and if the file size of the media object is larger than a pred ermined maximum file size, reducing the file size of the media object. - 12 - Attorney Docket No.: IPIX-01003USO JOmalleynPIX/l 003/1003us0. I I .8.02 resp.wpd • • 3 The method of claim 50, wherein the local computer displays the web page using a browser. 63.(New): The method of claim 50, wherein the media object is a digital image. 64.(New): The ethod of claim 50, wherein the uploading is done after the user selects a submit button displayed on the web 65.(New): The method f claim 64, wherein the pre-processing occurs after the user selects the ~(New): A computer readabl medium containing a program adapted to implement a method of: acquiring a media object with a web p ge displayed at a local computer; pre-processing the media object at the loc 1computer without user selection of the pre-processing; and uploading the pre-processed media object m the local computer to a remote server. 67.(New): The computer readable medium c ntaining a program of claim 66, wherein the web page includes an embedded graphical user interface for edia object acquisition software. - 13 - Attorney Docket No.: IPIX-01003USO JOmalley/IPJX/100311003us0. I 1.8.02 resp.wpd .· • • 3 6 (New): The computer readable medium containing a program ofclaim 67, wherein the graphical bedded in the web page is positioned within a rectangular region of the web page display. 69.(New): TH computer readable medium containing a program of claim 68, wherein the web page includes code for obt(ing media object acquisition software. 70.(New): The computer adable medium containing a program ofclaim 66, wherein the media object acquisition software includes media object identifier. object identifier is an active X or Java applet ~\onent. 72.(New): The computer ret\1~1' medium containing a program of claim 66, wherein the web page contains parameters used by the dia object acquisition software to control the pre-processing. 73 .(New): The compute readable medium containing a program of claim 66, wherein the remote server enables the media object to e displayed in a destination web site. 74.(New): The computer adable medium containing a program of claim 66, wherein the web page is used to acquire the media obj ct by a user dragging and dropping the media object into a graphical user interface for media object acqui 'tion software embedded in the web page. Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/l 003/1003us0. l I .8.02 resp.wpd • • 3 7 (New): The computer readable medium containing a program of claim 66, wherein a graphical user interfac or media object acquisition software embedded in the web page can be used to select media 76.(New): e computer readable medium containing a program of claim 66, wherein the pre- processing includes chan ·ng a file type of media object. 77.(New): The com ter readable medium containing a program of claim 66, wherein pre- processing includes checking a file ize of the media object and ifthe file size of the media object is larger than a predetermined maximum files e, reducing the file size of the media object. 78.(New): The computer readable edium containing a program of claim 66, wherein the local computer displays the web page using a brows r. 79.(New): The computer readable medium ontaining a program of claim 66, wherein the media object is a digital image. 80.(New): The computer readable medium containing program ofclaim 66, wherein the uploading is done after the user selects a submit button displayed on the eh page. 81.(New): The computer readable medium containing a rogram of claim 80, wherein the pre- processing occurs after the user selects the submit button but befor the uploading. - 15 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/I 003/1003us0. l I .8.02 resp.wpd • • 3 82. ew): A computer readable medium containing a markup language page for a web page the a media object identifier, the media object identifier adapted to be embedded within the web page, the media objec · entifier including a graphical user interface for acquiring media objects; and parameters within the mar p language page which are passed to the media object identifier for customizing the operation of the medi ·ect identifier in the web page. 83.(New): The computer readable m dium of claim 82 wherein the parameters are adapted to ? c o n t r o l the pre-processing of the media object. 84.(New): The method of claim 15, wherein the pre-processed media object is uploaded to a remote server which enables the media object to be displayed on the web site .. 85.(New): The method of claim 16, wherein the pre-processed media object is uploaded to a remote server which enables the media object to be displayed on the web site. - 16 - Attorney Docket No.: IPIX-01003USO JOmalleynPIX/1003/1003us0. l l.8.02 resp.wpd • • 3 Remarks The applicant would like to thank Examiner Bayerl for the Examiner Interview with the applicant and his representative on February 27, 2003 concerning the office action of November 8, 2002 written by Examiner Hailu. Claims2-6,8-10,13,15,25-30,42-44,34,36-38 arerejectedunder35 U.S.C § 112, as containing 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 inventors at the time the application was filed, had possession of the claimed invention. The Examiner asserts that neither "third party web site", "embedding in the web site" and "the media object identifier embedded within a third party web site" is disclosed. The applicants respectfully traverses this rejection. Contrary to the Examiner's assertion, we did, at the time the application was filed, describe and disclose in great detail the "third party web site", "embedding in the web site" and "the media object identifier embedded within a third party web site". Our patent application includes pages of such description in the Detailed Description of the Preferred Embodiments section (beginning on page 8, line 18 and continuing to page 11, line 3), as well as sample integration code in the form of Appendix A to further detail the technical teachings to one skilled in the relevant art. Additionally, Figures 1 and 2 of the present application are screen shots showing an embodiment of our invention embedded into third party web sites. Page 8, line 19 to page 11, line 3 of the present invention's application describes an exemplary embodiment using "prepare and post" tools, such as a media object identifier. In this example, the "prepare and post tools" are integrated into customer web sites (page 8, lines 18-22). A customer web site is clearly a type of a third party web site. To include a media object identifier on a customer web page, the customer can cut and paste code snippets for these sections into a web page (page 8, lines 27-29). - 17 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/1003/1003us0. I J .8.02 resp.wpd • 3 • Page 9 lines 1-29 describe configuration information for submissions using the code of Appendix A. Page 9, line 30 to page 10, line 5 describe controlling the width and height of the graphical interface of an embedded media object identifier of one embodiment. Page 10, lines 6-15 describe code for embedded submission buttons for third party web sites of one embodiment. Page 10, lines 16-19 describe image upload control code of one embodiment. The sample code of Appendix A includes comments that extensively explain how to insert the code into a third party web site. These comments indicate that cutting and pasting the code of Appendix A into code for a third party web site will embed a media object identifier onto the web site. Claims25-30, 31-35,42-47 are rejected under35 U.S.C. §101 forbeingnon-statutorysubjectmatter. Replacement independent claims 48 and 49 and their dependent claims are now statutorily allowed "computer readable medium" claims. Claims 2, 5, 6, 8-10, B, 15, 17, 20-47 are rejected under35 U.S.C. §102(e) as being anticipated by US patent 6,035,323 to Narayen. Claims 3,4,18, and 19 are rejected under 35 U.S.C. §103(a) as being unpatentable over US patent 6,035,323 to Narayen further in view of admitted prior art. The applicant respectfully traverses these rejections. The examiner states that the claimed media object identifier is equivalent to the media container discussed by Narayen in column 7, lines 49-col 8, lines 6, col 9, lines 21-64. Narayen describes a picture album or another type of media containerusing a media authoring program. A "media object identifier" as claimed is entirely different than a Narayen 'media container' such as a picture album. A Narayen media container is the equivalent of a digital photo album- a packaged presentation for viewers to interact with. A 'media container,' as defined by Narayen is also similar in concept to a PowerPoint presentation- a packaged up document or set of documents designed to present information to an audience, in this case a group of photos and text output into HTML format. - 18 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/l 003/1003us0. t t .8.02 resp.wpd • 3 • A media object identifier as claimed can be considered to be the digital equivalent of a FedEx drop box, or a USPS public mailbox. They are collection devices that can be set anywhere that is convenient- in an office, a store, or on a street comer, providing a convenient, standardized drop-off point for packages that need to be efficiently shipped from point A to point B. A mailbox is not a presentation medium. It is an inconspicuous entry point into a distribution network comprised of trucks, planes, and warehouses. Likewise, the claimed media object identifier can be considered to be a standardized drop box on web pages across the Internet, which in one embodiment feeds media objects into a distribution network comprised of servers, routers, and data storage warehouses. The claims contain language that clearly distinguish "media object identifiers" from"media containers" ofNarayen. In claims 15 and 48, the media object identifier at a web page includes a graphical user interface ·, for acquiring media objects; the media objects being automatically pre-processed for the requirements of the third-party web site. In claims 16 and 49, the media object identifier at a web page includes a graphical user interface for acquiring media objects; the media objects automatically pre-processing the media object for the ·~ requirements of a web site, the pre-processing including checking a file size of the media object and if the file size of the media object is larger than a predetermined maximum file size reducing the file size of the media object. These limitations indicate that" media object identifiers" as claimed are not merely" media containers". The examiner points to column 8 line 60 to column 9 line 64 ofNarayen as indicating that Narayen pre-processes the media object. None of the preprocessing described in Narayen is done in response to the acquisition of the media object without additional user input as claimed in independent claims 15, 16, 48, and 49. The modifications of the picture album described in Narayen is done in response to user input arranging the picture album. With respect to claims 15 and 48, the examiner incorrectly states that on Col 16, lines 15-30 of Narayen the word 'client' refers to integration in third party web sites. Narayen's use of the word 'client' here - 19 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/I 003/1003us0. I J .8.02 resp.wpd • 3 • is clearly referring to HTML page creation software running on a local PC (client) as opposed to running on a server. The way Narayen uses the term "client" in lines 15-30 is interchangeable with the term "local computer", as opposed to a remote server. Narayen's use of the word "client" does not imply embedding, or integrating as an integral component of a business partner's web site. Narayen says nothing about integration into third party web pages. It is merely stating that the local software application can be used to build a collection of HTML pages and associated files, and FTP the collection of files to their ISP's server, to which they have been granted access. This is the same thing that any number of HTML publishing applications do today including MicrosoftFrontPage. This is wholly different than the claimed media object identifiers which can be considered to be a digital equivalent of shipper drop-boxes embedded in businesses across the Internet. The examiner references Col 7, lines 49-col 8, line 6 ofNarayen again, speaking of publishing media containers, which, as has been noted above is neitherthe intention, nor function ofthe media object identifiers. Media object identifiers are not containers for media to be published and presented in, but rather "drop boxes" for media needing to be transformed and transported. For the above discussed reasons, independent Claims 15, 16, 48 and 49 are believed to be allowable. Claims 2-10, 13, 17-24,26-30,32-4 7 are dependent on independent claims 15, 16, 48 and 49. For that reason, and because of the additional limitations of these claims, these claims are believed to be allowable. In particular, the examiner reject claims 23 and 34 based the interpretation ofNarayen col 16, lines 15-30 as reading that" the client software program (media authoring program) which includes the media container is integrating in the client web site. Upon review, it is clear.that this not the case. Narayen is not integrating the client-based (local PC) media authoring program into the client web site. Narayen is using a local media authoring program to create media containers and using standard FTP to transfer those files to the server maintained by the user's ISP. There is no integration with third party web sites. There is only transfer of files to an ISP's server space to which the user has been granted 'write privileges.' - 20 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/I 003/1003us0. I J .8.02 resp.wpd '• .• • 3 • Regarding claims 37, 40, 43 and 46, the examiner again confuses the term client (meaning local PC) with the term "third party web site." No "integration or configuration" is mentioned in the noted sections of Narayen (col 16, lines 15-30). Lines 15-30 only state that the client (local) software program can generate HTML pages and then FTP these files to a server hosted by the user's ISP. New claims 48-85 have been added. These new claims as added are supported by the specification ofthe present invention as filed. For example, the specification on page 8, line 18 to page 11, line 3, appendix A, and Figure 1 provides support for independent claims 50, 66 and 82. Claim 50 covers acquiring a media object with a web page displayed at a local computer, preprocessing a media object at local computer without user selection ofpreprocessing and uploading the pre- processed media object from the local computer to a remote server. Claim 66 covers a computer readable media containing a program with limitations like that of claim 50. The limitations of claims 50 and 66 are not disclosed, suggested or given a motivation for in any of the cited references. None of the cited reference describe acquiring a media object with a web page displayed at a local computer. For example, Narayen describes using a software program not associated with a web page at local computer to produce web pages with digital images. Claims 50 and 66 further describe pre-processing media object at a local computer without user selection of the preprocessing. Such preprocessing without user selection is valuable in some cases to reduce file size of the media object to prepare it for up loading to a remote server. For the above reasons, claim 50 is believed to be allowable. Claims 51-65 are dependent upon claim 50 and Claims 67-81 are dependent on Claim 66. For this reason and for the additional limitations of these claims, these claims are believed to be allowable. Claim 82 describes a computer readable media containing code for a web page. The web page comprising a code for obtaining a media object identifier to acquire a media object, the web page including which are passed to the media object identifier to control its operation. Such a system is not disclosed, - 21 - Attorney Docket No.: !PIX-01003USO JOmalley/IPIX/1003/1003us0. I 1.8.02 resp.wpd .. .• • 3 •• suggested or given a motivation for in any of the cited prior art. For this reason claim 82 is believed to be allowable. Claim 83 is dependent upon claim 82 and for this reason is believed to be allowable. In light ofthe above, it is respectfully submitted that all of the claims now pending in the subject patent application should be allowable, and a Notice of Allowance is requested. The Examiner 'is respectfully requested to telephone the undersigned if he can assist in any way in expediting issuance of a patent. Enclosed with this amendment is a PETITION FOR EXTENSION OF TIME UNDER 37 C.F.R. § 1.136 for extending the time to respond up to and including today. The Commissioner is authorized to charge any underpayment or credit any overpayment to Deposit Account No. 06-1325 for any matter in connection with this response, including any fee for extension of time, which may be required. Respectfully submitted, Date: _).;.._/_f>_(_o_J__ By: _ _ _ _ ~_/ _ _ Joseph P. O'Malley Reg. No. 36,226 FLIESLER DUBB MEYER & LOVEJOY LLP Four Embarcadero Center, Fourth Floor San Francisco, California 94111-4156 Telephone: (415) 362-3800 - 22 - Attorney Docket No.: IPIX-01003USO JOmalley/IPIX/1003/1003us0. l !.8.02 resp.wpd