11959770 (P.T.A.B. Oct. 24, 2013)

Ex Parte Issa et al

Patent Trial and Appeal BoardOct 24, 2013

11959770 (P.T.A.B. Oct. 24, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/959,770 12/19/2007 Alfredo C. Issa CT-MED-032/US (P156) 3326 71739 7590 11/15/2013 Concert Technology Corporation 5400 Trinity Road, Suite 303 Raleigh, NC 27607 EXAMINER FABBRI, ANTHONY E ART UNIT PAPER NUMBER 2453 MAIL DATE DELIVERY MODE 11/15/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte ALFREDO C. ISSA, JUAN A. PONS, and RICHARD J. WALSH ____________ Appeal 2011-003478 Application 11/959,770 Technology Center 2400 ____________ ERRATUM The Decision on Appeal of October 25, 2013 for the above-identified application indicates that the two Non-Patent Documents referenced in PTO- 892 were inadvertently omitted. Accordingly, the PTO-892 with the cited references is herewith attached. All other portions of this Decision remain unchanged. Appellantsâ€™ time for seeking rehearing under 37 C.F.R. Â§ 41.52(a)(1) expires two (2) months from the mail date of this order. If there any questions pertaining to this Erratum, please contact the Board of Patent Appeals and Interferences at 571-272-9797. SJB\tdl ;( , , 472 fulminate .. fundamental lfulminate n rfulminic acid, ff. L julmin-, fulmen] (1826) ; an often explosive salt {as mercury fulminate) containing the group -eNO ful.mi.nat.ing adj (1626) I: hurling denunciations or menaces 2 : EXPLOSIVE 3: coming on suddenly with great severity fol.mine \'fW.-m:m, 'bl-\ vb (1590) archaic: FULMINATE folÂ·some ,'flil-s-;:om\ adj [MElulsam copious, cloying, fT. full + -sam -some] (13e) 1 a: characterized by abundance: COPIOUS (describes in "" detail ---G. N. Shuster) <'" bird life. The feeder overcrowded - Maxine Kumin) b: generous in amount, extent, or spirit (the passen- gers were""'" in praise of the plane's crew -Don Oliver) (a ,...., victory for the far left -Bruce Rothwell) (the greetings have been -, the fare- wells tender -Simon Gray) c: being full and well developed (she was in generally"""', limpid voice -Thor Eckert, Jr.) 2: aesthetically, morally, or generally offensive ('" lies and nauseous flattery -William Congreve) (the devil take thee for a ... '"" rogue -George Villiers) 3 : exceeding the bounds of good taste: OVERDONE (the "'-' chromium glitter of the escalators dominating the central hall-Lewis Mumford) 4 : excessively complimentary or flattering: EFFUSIVE (an admiration whose extent I did not express, lest I be thought ....... -A. J. Liebling)- fulÂ·someÂ·ly adv - ful.some.ness n usage The senses shown above are the chief living senses of fulsome. Sense 2, which was a generalized term of disparagement in the late 17th century, is the least common of these. Fulsome became a point of dispute when sense 1, thought to be obsolete in the 19th century, began to be revived in the 20th. The dispute was exacerbated by the fact that the large dictionaries of the first half of the century missed the beginnings of the revival. Sense I has not only been revived but has spread in its application and continues to do so. The chief danger for the user of fulsome is ambiguity. Unless the context is made very clear, the reader or hearer cannot be sure whether such an expression as "fulsome praise" is meant in sense 1 b or in sense 4. fulÂ·vons \ 'fUl-v;Js, 'f;JI-\ adj [L fulvus; perh. akin to L }1avus yellow - more at BLUE] (1664): of a dull browmsh yellow: TAWNY Fn ManÂ·chu mustache \,fU-(,)man-'chii-\ n [Fu Manchu, Chinese villain in stories by "Sax Rohmer" (A. S. Ward t1955)] (1968) : a long mustache with ends that turn down to the chin fuÂ·maÂ·rase \'fyii-m;;o-,ras, -,ru\ n (1936): an enzyme that catalyzes the interconversion (as in the Krebs cycle) of fumaric acid and malic acid or their salts fnÂ·maÂ·rate \-,rat\ n (1864): a salt or ester of fumaric acid fu.marÂ·ic acid \fyil-'mar-ik-\ n fISV, ir. NL Fumaria, genus of herbs, fr. LL, fumitory, fr. L fumus] (ca. 1864) : a crystalline acid C4H 40 4 fOll;nd in various plants or made synthetically and used esp. in making resms fu.rna.role \'fyii-m;;o-,r61\ n [Itfumarola, fro It dial. (Neapolitan), fro LL fumariolum vent, fr. L fumarium smoke chamber for aging wine, fr. fumus] (1811) : a hole in a volcanic region from which hot gases and vapors issue - fu.ma.roI.ic \,fyii-m;J-'r5-lik\ adj lfumÂ·ble \'f;)m-b;;ol\ vb fumohled; fumohlin/i \-b(;;o-)lil)\ [prob. of Scand origin; akin to Sw fumla to fumble] vi 1534) 1 a: to grope for or handle something clumsily or aimlessly b: to make awkward attempts to do or find something (fumbled in his pocket for a coin) c : to search by trial and error d: BLUNDER 2: to feel one's way or move awkwardly 3 a: to drop or juggle oc fail to play cleanly a grounder b: to lose hold of a football while handling or running with it """ vt 1: to bring about by clumsy manipulation 2 a: to feel or handle clumsily b: to deal with in a blundering way: BUNGLE 3: to make (one's way) in a clumsy manner 4 a: MISPLAY ( ....... a grounder) b : to lose hold of (a footbalD while handling or running - fum.bler \-b(;)-)l~r\ n - fum.blingoly \-b(;;o-)Iil)-Ie\ adv 2fumble n (1634) 1: an act or instance of fumbling 2: a fumbled b>11 Â·fume \'fyiim\ n [ME, fr. MF fum, fc. Lfumus; akin to ORG toumen to be fragrant, Skt dhiima smoke, OCS dymii] (I4c) 1 a: a smoke, vapor, or gas esp. when irritating oc offensive (engine exhaust '""s) b : an often noxious suspension of particles in a gas (as air) 2: some- thing (as an emotion) that impairs one's reasoning (sometimes his head gets a little hot with the ....... s of patriotism -Matthew Arnold) 3: a state of excited irritation or anger - usu. used in the phrase in a fume - fumy \ 'fyii-me\ adj lfnrne vb fumed; fum.ing vt(I4c) 1: to expose to or treat with fumes 2: to give off in fumes (fuming thick black smoke) 3: to utter while in a state of excited irritation or anger ....., vi 1 a: to emit fumes b : to be in a state of excited irritation or anger (fretted and fumed over the delay) 2: to rise in or as if in fumes fu.met \fyii-'ma, 'fyii-m~t\ n [P, lit., pleasant aroma (of meat cooking), ff. MP, fr. fumer to give off smoke or steam, fr. L fumare, fr. fumus] (1906): a reduced and seasoned fish, meat, or vegetable stock fu.mi.gant \ 'fyii-mi-g;)nt\ n (I89O): a substance used in fumigating fuÂ·miÂ·gate \'fyii-m;;o-,gat\ vt -gat.ed: -gat.jng [L fumigatus, pp. of fumigaTe, fro fumus + -igare (akin to L agere to drive) - more at AGENT] (1781): to apply smoke, vapor, or gas to esp. for the purpose of disinfecting or of destroying pests - fu.mi.ga.fion \,fyu-m~-'gaÂ sh;m\ n-fu.mi.ga.tor \'fyii-m;;o-,ga-t;;.r\ n fuÂ·miÂ·toÂ·ry \'fyii-m;)-,tOr-e, -,tor-\ n [ME fumetene, ir. MF, fr. ML fumus terrae, lit., smoke of the earth, fr. Lfumus + terrae. gen. of terra earth - more at TERRACE} (14c): any of a genus (Fumaria of the fam- ily Fumariaceae, the fumitory family) of erect or climbing herbs; esp: a common European herb (F. officinalis) Ifnn \ 'f;;on\ n [E dial. fun to hoax, perh. alter. of ME fonnen, fr. fonne dupe] (1727) 1: what provides amusement or enjoyment; specif : playful often boisterous action or speech (full of '"") 2: a mood for finding or making amusement (all in "'-') 3 a: AMUSEMENT, ENJOYÂ· MENT (sickness takes all the ....... out of life) b: derisive jest: SPORT, RIDICULE (a figure of ....... ) 4: violent or excited activity or argument (let a snake loose in the classroom; then the "'-' began) syn FUN. JEST. SPORT, GAME, PLAY mean action or speech that provides amusement or arouses laughter. FUN USU. implies laughter or gaiety but may imply merely a lack of serious or ulterior purpose (played cards just for fun). JEST implies lack of earnestness in what is said or done and may suggest a hoaxing or teasing (hurt by remarks said only in jest). SPORT applies esp. to the arousing of laughter against someone (teasing begun in sport led to anger). GAME is close to SPORT, and often stresses mischievous or malicious fun (made game of their poor reJa- tions). PLAY stresses the opposition to earnest without implying any malice or mischief (pretended to strangle his brother in play). 2fon vifunned; fun'Ding (1833): to indulge in banter or play: JOKE 3fun adj, sometimes fun.ner; sometimes funÂ·nest (ca. 1846) 1: pro- viding entertainment, amusement, oc enjoyment (a ,....., party) (a ,....., person to be with) 2: full of fun (a '"" night) (have a '"" time) fu.nam.bu.lism \fyit.-'nam-byg-,li-z;;om\ n [L funambulus ropewalker, fr. funis rope + ambulare to walk) (1824) 1: tightrope walking 2 : a show esp. of mental agility - fu.nam.hu.list \-list\ n fun and games npl but sing or pI in constr (1920): light amusement lfuncÂ·tion \'f;;oI)(k)-sh;;on\ n [Lfunction-, functio performance, fr. fungi to perform; prob. akin to Skt bhulikte he enjoys] (1533) 1: profes- sional or official position: OCCUPATION 2: the action for which a person or thing is specially fitted o~, used or for which a thing exists : PURPOSE 3: any of a group of related actions contributing to a larger action; esp : the normal and specific contribution of a bodily part to the economy of a living organism 4: an official or fonnal ceremony or social gathering 5 a: a mathematical correspondence that assigns exactly one element of one set to each element of the same or another set b: a variable (as a quality, trait, or measurement) that depends on and varies with another (height is a ~ of age); also: RESULT (illnesses that are a "'-' of stress) 6: characteristic behavior of a chemical com- pound due to a particular reactive unit; also: FUNCTIONAL GROUP 7: a computer subroutine; speci/: one that performs a calculation with variables provided by a program and supplies the program with a sin- gle result ~ funcÂ·tionÂ·less \-I;)s\ adj syn FUNCTION. OFFICE, DUTY, PROVINCE mean the acts or operations expected of a person or thing. FUNCTION implies a definite end or pur- pose that the one in question serves or a particular kind of work it is intended to perform (the function of language is two-fold: to commu- nicate emotion and to give information -Aldous Huxley). OFFICE is typically applied to the function or service expected of a person by reason of his trade or profession or his special relationship to others (they exercise the offices of the judge, the priest, the counsellor ~W. E. Gladstone). DUTY applies to a task or responsibility imposed by one's occupation, rank, status, or calling (it is the judicial duty of the court, to examine the whole case ~R. B. Taney). PROVINCE applies to a function, office, or duty that naturally or logically falls to one (nurs- ing does not belong to a man; it is not his province-Jane Austen). 2function vi func.tioned; func-tionÂ·ing \-sh(;;o-)nil]\ (1856) 1: to have a function: SERVE (an attributive noun ....... s as an adjective) 2 : to carryon a function or be in action; OPERATE (a government ....... s throuÂ¥h numerous divisions) func.tion.al \,f;;oI)(k)-shn~l, -sh;;o-n~l\ adj (1631) 1 a: of, connected with, or being a function b: affecting physiological or psychological functions but not organic structure (~ heart disease) 2: used to contribute to the development or maintenance of a larger whole (""' and practical school courses); also: designed or developed chiefly from the point of view of use ("'-' clothing) 3: performing or able to per- form a regular function - func.tion.al.ity \,f;;'l](k)-sh;;o-'na-b-te\ n- func.tion.aMy \ 'bI)(k)-shn;;o-le, -sh;;o-n'l-e\ adv functional calculus n (1933): PREDICATE CALCULUS functional group n (J 943): a characteristic reactive unit of a chemical compound esp. in organic chemistry functional illiterate n (1946): a person who has had some schooling but does not meet a minimum standard of literacy - functionally illiterate adj func.tion.al.ism \'bI)(k)-shnd-,li-z;;om, -sh~-n"l-,i-\ n (I914) 1: a philosophy of design (as in architecture) holding that form should be adapted to use, material, and structure 2: a theory that stresses the interdependence of the patterns and institutions of a society and their interaction in maintaining cultural and social unity 3: a doctrine or practice that emphasizes practical utility or functional relations - func.tion.al.ist \-shn;;o-list, -sh;!-n"l.-ist\ n - functionalist or func- tion.a}.is.tic \,f;;on(k)-shn~-'lis-tik, -sh;)-n"l-'is-\ adj functional shift n (1942): the process by which a word or form comes to be used in another grammatical function func.tion.ary \'f;)l](k)-sh;;o-,ner-e\ n, pI -ar.ies (1791) 1: one who serves in a certain function 2: one holding office in a government or political party function key n (1964): any of a set of keys on a computer keyboard that have or can be programmed to have special functions function word n (1940) : a word (as a preposition, auxiliary verb, or conjunction) expressing primarily grammatical relationship func.tor \ 'f;;'l](k)-t;;or\ n (1935) : something that performs a function or an operation lfund \'f;;ond\ n [L fundus bottom, country estate - more at BOTIOM} (1694) 1 a: a sum of money or other resources whose principal or interest is set apart for a specific objective b: money on deposit on which checks or drafts can be drawn - usu. used in pI. c: CAPITAL d pI: the stock of the British national debt - uSU. used with the 2: an available quantity of material or intangible resources: SUPPLY 3 pi : available pecuniary resources 4: an organization administering a special fund lfund vI (1789) 1 a: to make provision of resources for discharging the interest or principal of b: to provide funds for 2: to place in a fund: ACCUMULATE 3: to convert into a debt that is payable either at a distant date or at no definite date and that bears a fixed interest funÂ·daÂ·ment \'f;;on-d;;o-m;;ont\ n [ME, fro OF fondement, fr. Lfundamen- tum, fr. /undare to found, fr. fundus] (l3c) 1: an underlying ground, theory, or principle 2 a: BUITOCKS b: ANUS 3: the part of a land surface that has not been altered by human activities .. lfun.da.men.tal \,bn-d;;o-'men-t"l.\ adj(15c) 1 a; serving as an ongl- nal or generating source: PRIMARY (a discovery "'-' to modem comput- ers) b: serving as a basis supporting existence or determining ess<:n- tial structure or function : BASIC 2 a: of or relating to essentIal structure, function, or facts: RADICAL ("'-' change); also: of or dealing with general principles rather than practical application ('"" science) b : adhering to fundamentalism 3: of, relating to, or produced by the lowest component of a complex vibration 4: of central importan~ : PRINCIPAL ("'-' purpose) 5: belonging to one's innate or ingrain"'" characteristics: DEEPÂ·ROOTED (her ....... good humor) syn see EssENTIAL - funÂ·daÂ·men-talÂ·}y \-t'l-e\ adv 2fundamental n (1637) 1: something fundamental; esp : one of tbe minimum constituents without what it is 2 a: the principal of a string or column of air) 01 based b: the root of a chord plex wave that has the lowest amplitude fundamental group n (1957) fined on a set of points each pa is the quotient group of the gI with a given point fun-da.men.tal.isrn \-t'I-,i-z;;oIT ment in 20th century Protest: preted Bible as fundamental t beliefs of this movement c: ment or attitude stressing stric principles - funÂ·da.men.tal. fun.da.menoial.is.tic \-,men-t fundamental law n (ca. 1914) unit as distinguished from legisl fundamental particle n (1947: fun.dic \ 'hn-dik\ adj (ca. 1927) fnnd-rais.er \'f;;on-,dra-z;;.r\ n' funds 2: a social event (as a raising funds fund-rais.ing \-zil]\ n, often ( raising funds (as for an instituti fun.dus \'f;)n-d;;os\ n, pi fun.di : the bottom of or part opposi a hollow organ: as a: the gr. lower back part of the bladder : the part of the eye opposite t1: lfu.ner.al \'fyiin-r;)l, 'fyil-n;;o-\ funus funeral (n.)} (14c) 1: of : FUNEREAL 2 2funeral n [ME lunerelles (pI.), (pI.), fr. LL, neut. pl. of funera held for a dead person usu. be : a funeral sermon 3: a fUi thing's existence 5: a matter that's your ....... ) funeral director n (1886) : 0] of funerals and who is usu. an e funeral home n (1926) : an es ration of the dead for burial or and for funerals - called also) fu.ner.ary \'fyii-n;;o-,rer-e\ adj with burial (a pharaoh's'"" cha fn.ne.re.al \fyil-'nir-e-;;ol\ adj [ : of or relating to a funeral 2 solemnity) - fu.neÂ·reÂ·aMy \- fun.fair \'hn-,far, -,fer\ n (192~ fun.gal \'f~I]-g;;ol\ adj (1835) I teristics of fungi 2: caused b) fungi- comb form [Lfungusl' f Ifnn.gi.ble \'f;;on-j;;o-b;;ol\ n ca. !jsu. used in pl. 2fungible adj [NL fungibilis, fl TJON] (I818) 1: being of sud be replaced by another equal I obligation (oil, wheat, and lu CHANGEABLE- funogi.bil.j.ty fun.gj.cid.al \,f;)n-j;;o-'sI-d'l, ,f;) giÂ·cid.a}.ly \-d'l-e\ adv fnn.gi.cide \'f;)n-j;;o-,sId, 'f;;oI)-g stroys fungi or inhibits their gr' fun.gioform \'f;;on-j;;o-,f6rm, 'ft)1 room fun.gi.stat.ic \,f;)n-jg-'sta-tik\ fungi without destroying them fun.go \'f;;oI)-(,)g6\ n, pi fungoE hall hit esp. for practice fieldin and hits it as it comes down 2 fungobatn(1926): alongthi fun.goid \'f;)I)-,goid\ adj (ca. caused by, or being a fungus (3 funÂ·gous \ 'f~I]-g;;os\ adj (I5c) : fun.gus \'f;):g-g;;os\ n, pi fun.gi g;;o-S;)z\ often attrib [L] (1527) : pbytic and parasitic spore-p plants that lack chlorophyll at mushrooms, and yeasts fun house n (1948) : a buildi various devices designed to sta lfnÂ·mcÂ·uolar \fyit.-Â·ni-ky~-l;)r, f the fonn of or associated with ulus]: of, relating to, or bein~ a funicular (a ,....., system) 2funicular n (1911): a cable I in which an ascending car COUl fu.nic.n.lus \-l;;os\ n, pI -Ii \- (1826) 1: a bodily struCtUI nerve fibers 2: the stalk of a lfunk \ "{;;oI)k\ vi (ca. 1739) : tc yt 1: to be afraid of: DREA[ mg lfunk n [prob. fr. obs. F1em 10 4ear b: a depressed state of n unk n [back-formation fro 2} traditional fonns of black mu! a~terized by a strong backbeal -<-