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Lodsys - Reexamination - Non-Final Office Action Rejects 24 Claims of '565 Patent
Monday, October 17 2011 @ 08:00 AM EDT

The U.S. Patent and Trademark Office has granted the reexamination of the second of the two Lodsys patents challenged by Google and has issued a first office action. Of the four independent and 24 dependent claims challenged by Google, the USPTO has rejected all four independent claims and 20 of the 24 dependent claims. This is an inter partes reexamination.

The USPTO had previously rejected 28 of the claims of Lodsys's '078 patent. (See Lodsys - Reexamination - Non-Final Office Action Rejects 28 Claims of '078 Patent) This brings to a total of six independent claims and 46 dependent claims that the USPTO has now rejected upon reexamination between the two Lodsys patents. The next step with respect to each of the office actions will be for Lodsys to respond. The response on the '078 patent will be due no later than November 28, 2011, and for the '565 no later than December 11, 2011.

Here is an updated table of the Lodsys reexaminations:

Lodsys Reexams (Google)
as of 2011-10-14






















Patent No. Claims Claims Not Subject to Reexam Claims Subject to Reexam Claims Rejected Claims Confirmed Claims Surviving

Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep
7222078 4 70 2 37 2 33 2 26 0 7 2 44
7620565 4 28 0 4 4 24 4 20 0 4 0 8
Totals 8 98 2 41 6 57 6 46 0 11 2 52
Percent of All Claims 100.00% 100.00% 25.00% 41.84% 75.00% 58.16% 75.00% 46.94% 0.00% 11.22% 25.00% 53.06%
Percent of Claims Reexamined





100.00% 80.70%



The '565 office action is not terribly enlightening beyond the original request for reexamination filed by Google (See Google Reexam Requests Devastating to Lodsys) primarily because the office action is focused on the limits it places on the Google arguments. In other words, the USPTO adopted Google's invalidity assertions as stated in the reexamination request subject to the limitations stated in the first office action.

The four independent claims of the '565 patent that have now been rejected are:

1. A unit, comprising: a memory; a transmitter; and a processor, coupled to the memory and to the transmitter, configured to: monitor a product for an occurrence in the product of a trigger event of a predefined plurality of trigger events, increment a counter corresponding to the trigger event upon detection of the occurrence of the trigger event, cause the display of a user interface, configured to probe for information regarding a use of the product, if the counter exceeds a threshold, cause the memory to store an input received from the user interface, and cause the transmitter to transmit the input to a server.

15. A method, comprising: monitoring a product for an occurrence in the product of a trigger event of a predefined plurality of trigger events; incrementing a counter corresponding to the trigger event upon detection of the occurrence of the trigger event in the product; displaying a user interface, configured to probe for information regarding a use of the product, if the counter exceeds a threshold; storing an input received from the user interface on a device; and transmitting the input to a server.

27. A tangible computer readable medium having stored thereon, computer executable instructions that, if executed by a computing device, cause the computing device to perform a method comprising: monitoring a product for an occurrence in the product of a trigger event of a predefined plurality of trigger events, incrementing a counter corresponding to the trigger event upon detection of the occurrence of the trigger event in the product; displaying a user interface, configured to probe for information regarding a use of the product, if the counter exceeds a threshold; storing an input received from the user interface on a device; and transmitting the input to a server.

30. A physical unit, comprising: means for monitoring a product for an occurrence in the product of a trigger event of a predefined plurality of trigger events; means for incrementing a counter corresponding to the trigger event upon detection of the occurrence of the trigger event; means for probing for information regarding a use of the product if the counter exceeds a threshold; means for storing an input received from the means for probing; and means for transmitting the input to a server.


************** Reexamination Docket

Patent No. 7,620,565

'565 - Grant of Reexamination

'565 - First Office Action



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