Please find below and/or attached an Office communication concerning this application or proceeding.

Transcription

1 UNITED ST ATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia APPLICATION NO. FILING DATE 90/011,541 03/07/2011 FIRST NAMED INVENTOR 6,725,281 ATTORNEY DOCKET NO. CONFIRMATION NO EXTP /28/2012 PERKINS COIE LLP/MSFT P. 0. BOX 1247 SEATTLE, WA ART UNIT EXAMINER PAPER NUMBER DATE MAILED: 01/28/2012 Please find below and/or attached an Office communication concerning this application or proceeding. PT0-90C (Rev. 10/03) 1 Comcast, Exhibit-1122

2 Commissioner for Patents United States Patent and Trademark Office P.O. 8oX14SO Alexandria, VA WfflV)Jspto.gov DO NOT USE IN PALM PRINTER (THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS) lrell & Manella LLP 1800 Avenue of the Stars Suite 900 Los Angeles, CA EX PARTE REEXAMINATION COMMUNICATION TRANSMITI AL FORM REEXAMINATION CONTROL NO PATENT NO ART UNIT Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)). Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a reply has passed, no submission on behalf of the ex parte reexamination requester will be acknowledged or considered (37 CFR 1.550(g)). PTOL-465 (Rev.07-04) 2

3 Office Action in Ex Parle Reexamination Control No. 90/011,541 Examiner RACHNA DESAI Patent Under Reexamination 6,725,281 Art Unit The MAILING DATE of this communication appears on the cover sheet with the correspondence address -- a~ Responsive to the communication(s) filed on 16 September bo This action is made FINAL. co A statement under 37 CFR has not been received from the patent owner. A shortened statutory period for response to this action is set to expire 1 month(s) from the mailing date of this letter. Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parle reexamination certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c). If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days will be considered timely. Part I THE FOLLOWING ATIACHMENT(S) ARE PART OF THIS ACTION: Part II 1. 0 Notice of References Cited by Examiner, PT Interview Summary, PT [gj Information Disclosure Statement, PTO/SB/ a. [gj 1b igj 4. igj SUMMARY OF ACTION Claims 1-4 and 20 are subject to reexamination. Claims are not subject to reexamination. Claims have been ca.nceled in the present reexamination proceeding. Claims and are patentable and/or confirmed. Claims and are rejected. Claims are objected to. The drawings, filed on are acceptable. The proposed drawing correction, filed on has been (7a)0 approved (7b)0 disapproved. Acknowledgment is made of the priority claim under 35 U.S.C. 119(a)-(d) or (f). a)d All b)o Some* c)d None 10 been received. 20 not been received. 30 been filed in Application No.. of the certified copies have 40 been filed in reexamination Control No. 50 been received by the International Bureau in PCT application No.. * See the attached detailed Office action for a list of the certified copies not received Since the proceeding appears to be in condition for issuance of an ex parle reexamination certificate except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parle Quayle, 1935 C.D. 11, G Other: cc: Requester (if third party requester) U.S. Patent and Trademark Office PTOL-466 (Rev ) Office Action in Ex Parte Reexamination Part of Paper No

4 Page 2 DETAILED ACTION Reexamination 1. An Ex Parte Reexamination has been granted for claims 1-4 and 20 of U.S. Patent No. 6,725, (hereafter "the '281 patent"). See Order, mailed 04/25/2011. New claims were added by amendment. Information Disclosure Statement 2. Where patents, publications, and other such items of information are submitted by a party (patent owner or requester) in compliance with the requirements of the rules, the requisite degree of consideration to be given to such information will normally be limited by the degree to which the party filing the information citation has explained the content and relevance of the information. The initials of the examiner placed adjacent to the citations on the form PTO/SB/OBA or 088 or its equivalent, without an indication to the contrary in the record, do not signify that the information has been considered by the examiner any further than to the extent noted above. The Information Disclosure Statement filed 11/11/2011, has been given due consideration. Documents which fail to constitute patents or printed publications have been lined through on the Form PTO/SB/08a so as not to be published on the 4

5 Page 3 reexamination certificate, but have been considered by the examiner to the extent noted above. Claim Rejections - 35 USC The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: (e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21 (2) of such treaty in the English language. 4. Claim 1, 3-4, and 20 are rejected under 35 U.S.C~ 102(e) as being anticipated by Meandzija. Regarding claim 1, Meandzija discloses a distributed computing network having at least one computing device. See figure 1, abstract, and columns 9, lines where Meandzija discloses a telecommunication network with a management station and several agents. The management station can be implemented as a workstation, personal computer, or as a computer board or computer chip set. Meandzija discloses a controlled computing device. See column 9, lines where Meandzija discloses the SNMP management station communicates with a number of SNMP agents where each agent has a memory, processor, transceiver, one 5

6 Page4 or more components., and represents one or more resources such as a router. See also column 10, lines The "controlled computing device" is the resource in which the SNMP agent is embedded. Meandzija discloses a state table (MIB) maintained by the controlled computing device and representing an operational state of the controlled computing device. See column 10, lines 3-10 where Meandzija discloses the management agents synchronously provide the management station with important unsolicited information. The SNMP management agents are embedded in key entities such as hosts, bridges, routers, and hubs, and respond to requests for actions from the management station. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB (Management Information Base). The MIS may be provided as part of the general purpose memory (see column 9, lines 43-44). Information such as state change can be stored in memory. Meandzija discloses a user controller device having user input/output capabilities for presenting a user perceptible device control interface for remote user interaction with the controlled computing device to effect a change in the operational state of the controlled computing device represented in the state table. Meandzija discloses a management station (user controller device) having user input/output capability (display, keyboard, and mouse) for remote user interaction with the agent embedded in the resource (controlled computing device) to effect a change in the operational state of the controlled computing device represented in the state table. 6

7 Page 5 See column 9, lines which discloses an SNMP management station may communicate with an operator interface such as a keyboard to receive information such as the operational states. The management station is implemented as a workstation or personal computer. See column 10, lines where Meandzija discloses a management station can cause an action to take place at an agent or change the configuration settings of an agent by modifying the value of specific variables. The management station performs a monitoring function by retrieving the value of MIB objects from the agent embedded in the resource. See column 10, lines where Meandzija discloses the management application includes a state information module, an events processing module, and a log processing module. The state information module includes a number of states and status functions, including a management state, an administrative state, an operational state, a usage state, a procedural status, an alarm status, an availability status, a control status, a standby status, and an unknown status. See column 11, lines The operational state describes the operational state of the unit represented by the agent/subagent. Management can designate pre-conditions for allowing an agent to determine whether it, or any of its components, or any resource represented by the agent is disabled or disabled. The management station can provide information to an agent which indirectly changes the agent's operational status. See column 12, lines Meandzija discloses a user control point module in the user controller device operating to obtain a copy of the state table of the user controller device and subscribe to change notifications of the state table. See column 9, lines

8 Page 6 where a processor can be used to communicate information to and receive information from the management station as well as for communicating with the MIB, resource, and component. See column 10, lines where at a management station, three types of messages are issued on behalf of the management application namely GetRequest, GetNextRequest, and Set Request. See column 11, lines where the state information module includes a number of states and status functions, including a management state, an administrative state, operation state, a usage state, a procedural status, an alarm status, an availability status, a control status, a standby status, and an unknown status. See column 11, lines where figure 4 illustrates a state information module in accordance with the present invention. The management state 405 represents an instantaneous condition of availability and operability of the associated agent resource from the point of view of management. A variety of state attributes can be used that express and control aspects of the operation of the agent's resources that are specific to each agent. See also figure 2 where the management application 220 includes state information. Meandzija discloses an event source module in the controlled computing device operating according to an eventing model to distribute the change notifications to any subscribing user controller device upon a change to the state table representing the operational state of the controlled computing device, wherein the change notifications represent the respective change in the state table, so as to thereby synchronize the user perceptible device control interface with the changed operational state among said any subscribing user controller 8

9 Page 7 device. Meandzija discloses an event processing module operating according to an eventing model to distribute the change notifications (SNMP traps) to any subscribing user controller device upon change to a state table representing the operational state of the controlled computing device. See column 10, lines 6-1 O where the management agents may also synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB. See also column 10, lines where the events processing module is used to provide event information that is communicated to the agent to define pre-conditions for the agent to generate an event. The event information also defines EFD information that defines pre-conditions for communicating a notification of an event from the agent to the management station via the network. See column 11, lines where the events module includes a number of items, including an events group, an event forwarding discrimination (EFD) group, which includes an administrative state, an operational state, and an availability status, and an event notification group, which includes an alarm, state change, and a value change. See column 13, lines where the events module enables managers to configure the types of events that can be generated by an agent and when those events should be transformed into asynchronous notifications (SNMP Traps) to be sent to different managers. See column 13, lines where the event notification group defines three types of notifications which an agent can send to a manager. These are alarm notification, a state change notification, and a value change notification. Each EFD specifies what type of notification is to be sent for an 9

10 Page 8 event that has occurred in the agent. The EFD also specifies the conditions (e.g., preconditions) under which such a notification is to be sent and the IP address of the manager to which the notification is to be sent. All standard SNMP traps are sent to the managers UDP port. See also events module 244 in figure 2. Regarding claim 3, Meandzija discloses wherein the controlled computing device is an embedded computing device. See column 10, lines 3-6 where Meandzija discloses SNMP management agents are embedded in key entities such as hosts, bridges, routers, and hubs, and respond to requests for actions from the management station. Regarding claim 4, Meandzija discloses a computer-readable medium controlled computing device having encoded thereon the state table representing the operational state of the controlled computing device. See column 9, lines where the SMNP management station communicates with a number of SNMP agents via a network. Each agent may have a memory, processor, and transceiver, as well as one or more components and may represent one or more resources, such as resource 154. See also column 10, lines 3-10 which discloses the SNMP management agents are embedded in key entities such as hosts, bridges, routers, and hubs and respond to requests for actions from the management station. Meandzija discloses the management agents synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed 10

11 Page 9 resources, which are represented by managed objects referred to as the MIB (Management Information Base). The MIB may be provided as part of the general purpose memory (see column 9, lines 43-44). Information such as state change can be stored in memory. Meandzija discloses the state table comprising: a plurality of entries, each entry comprising: a variable identifier; and a current value. See column 2, line 66 through column 3, line 9 where managed objects are accessed via a virtual information store, termed the Management Information Base (MIB). Objects in the MIB are defined using the subset of Abstract Syntax Notation One (ASN.1) defined in the SMI. In particular, each object type is named by an object identifier, an administratively assigned name. The object type together with an object instance serves to uniquely identify a specific instantiation of the object. Regarding claim 20, Meandzija discloses a peer networking state eventing and control protocol method for effecting state-concurrent multi-master control of a controlled computing device by a plurality of control point computing devices communicating on a data communications network, the data communications network having the controlled computing device. See column 10, lines where at least two systems capable of performing the management station function to provide redundancy in case of failure. The number of management agents per station depends on the MIBs and particular environments but can be thousands. See figure 1, abstract, and columns 9, lines where Meandzija 11

12 Page 10 discloses a telecommunication network with a management station and several agents. The management station can be implemented as a workstation, personal computer, or as a computer board or computer chip set. Meandzija discloses a controlled computing device. See column 9, lines where Meandzija discloses the SNMP management station communicates with a number of SNMP agents where each agent has a memory, processor, transceiver, and one or more components. See column 10, lines 3-10 where Meandzija discloses the management agents synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB (Management Information Base). The MIB may be provided as part of the general purpose memory (see column 9, lines 43-44). Information such as state change can be stored in memory. Meandzija discloses an event processing module operating according to an eventing model to distribute the change notifications (SNMP traps) to.any subscribing user controller device upon change to a state table representing the operational state of the controlled computing device. See column 10, lines 6-1 O where the management agents may also synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB. See also column 10, lines where the events processing module is used to provide event information that is communicated to the agent to define pre-conditions for the agent to generate an event. The event information also defines EFD information thatdefines pre-conditions for communicating 12

13 Page 11 a notification of an event from the agent to the management station via the network. See column 11, lines where the events module includes a number of items, including an events group, an event forwarding discrimination (EFD) group, which includes an administrative state, an operational state, and an availability status, and an event notification group, which includes an alarm, state change, and a value change. See column 13, lines where the events module enables managers to configure the types of events that can be generated by an agent and when tho.se events should be transformed into asynchronous notifications (SNMP Traps) to be sent to different managers. See column 13, lines where the event notification group defines three types of notifications which an agent can send to a manager. These are alarm notification, a state change notification, and a value change notification. Each EFD specifies what type of notification is to be sent for an event that has occurred in the agent. The EFD also specifies the conditions (e.g., preconditions) under which such a notification is to be sent and the IP address of the manager to which the notification is to be sent. All standard SNMP traps are sent to the managers UDP port. See also events module 244 in figure 2. Meandzija discloses a state table maintained by the controlled computing device and representing an operational state of the controlled computing device. See column 10, lines 3-10 where Meandzija discloses the management agents synchronously provide the management station with important unsolicited information. The SNMP management agents are embedded in key entities such as hosts, bridges, routers, and hubs, and respond to requests for actions from the management station. 13

14 Page 12 Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB (Management Information Base). The MIB may be provided as part of the general purpose memory (see column 9, lines 43-44). Information such as state change can be stored in memory. Meandzija discloses a control point computing device having user input/output capability for presenting a user perceptible device control interface for remote user interaction with the controlled computing device and communicating with the controlled computing device v~a a device control protocol to effect remote operational control of the controlled computing device. Meandzija discloses a management station (user controller device) having user input/output capability (display, keyboard, and mouse) for remote user interaction with the agent (controlled computing device) to effect a change in the operational state of the controlled computing device represented in the state table. See column 9, lines which discloses an SNMP management station may communicate with an., operator interface such as a keyboard to receive information such as the operational states. The management station is implemented as a workstation or personal computer. See column 10, lines where Meandzija discloses a management station can cause an action to take place at an agent or change the configuration settings of an agent by modifying the value of specific variables. See column 10, lines where Meandzija discloses the management application includes a state information module, an events processing module, and a log processing module. The state information m.odule includes a number of states and status functions, including a management state, an 14

15 Page 13 administrative state, an operational state, a usage state, a procedural status, an alarm status, an availability status, a control status, a standby status, and an unknown status. See column 11, lines The operational state describes the operational state of the unit represented by the agent/subagent. Management can designate pre-conditions for allowing an agent to determine whether it, or any of its components, or any resource represented by the agent is disabled or disabled. The management station can provide information to an agent which indirectly changes the agent's operational status. See column 12, lines Meandzija discloses a user control point module in the control point computing device operating to obtain the state table of the control point computing device and subscribe to change notifications of the state table. See column 9, lines where a processor can be used to communicate information to and receive information from the management station as well as for communicating with the MIB, resource, and component. See column 10, lines where at a management station, three types of messages are issued on behalf of the management application namely GetRequest, GetNextRequest, and Set Request. See column 11, lines where the state information module includes a number of states and status functions, including a management state, an administrative state, operation state, a usage state, a procedural status, an alarm status, an availability status, a control status, a standby status, and an unknown status. See column 11, lines where figure 4 illustrates a state information module in accordance with the present invention. The management state 405 represents an instantaneous condition of availability and 15

16 Page 14 operability of the associated agent resource form the point of view of management. A variety of state attributes can be used that express and control aspects of the operation of the agent's resources that are specific to each agent. Meandzija discloses an event source module operating according to an eventing model to distribute the change notifications to any subscribing control point computing device upon a change to the operational state of the controlled computing device, so as to thereby synchronize the user perceptible device control interface with the changed operational state among said any subscribing control point computing device. See column 10, lines 6-10 where the management agents may also synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB. See also column 10, lines where the events processing module is used to provide event information that is communicated to the agent to define pre-conditions for the agent to generate an event. The event information also defines EFD information that defines pre-conditions for communicating a notification of an event from the agent to the management station via the network. See column 11, lines where the events module includes a number of items, including an events group, an event forwarding discrimination (EFD) group, which includes an administrative state, an operational state, and an availability status, and an event notification group, which includes an alarm, state change, and a value change. See column 13, lines where the events module enables managers to configure the types of events that can be generated by an 16

17 Page 15 agent and when those events should be transformed into asynchronous notifications (SNMP Traps) to be sent to different managers. See column 13, lines where the event notification group defines three types of notifications which an agent can send to a manager. These are alarm notification, a state change notification, and a value change notification. Each EFD specifies what type of notification is to be sent for an event that has occurred in the agent. The EFD also specifies the conditions (e.g., preconditions) under which such a notification is to be sent and the IP address of the manager to which the notification is to be sent. All standard SNMP traps are sent to the managers UDP port. Meandzija discloses from a plurality of the control point computing devices, receiving state eventing subscription requests; responsive to the state eventing subscription requests, registering subscriptions of the respective control point computing devices to state events from the controlled computing device communicating state events having information descriptive of a state of the controlled computing device to the respective control point computing devices of the registered subscriptions. See also column 10, lines where the events processing module is used to provide event information that is communicated to the agent to define pre-conditions for the agent to generate an event. The event information also defines EFD information that defines pre-conditions for communicating a notification of an event from the agent to the management station via the network. See column 11, lines where the events module includes a number of items, including an events group, an event forwarding discrimination (EFD) group, which 17

18 Page 16 includes an administrative state, an operational state, and an availability status, and an event notification group, which includes an alarm, state change, and a value change. See column 13, lines where the events module enables managers to configure the types of events that can be generated by an agent and when those events should be transformed into asynchronous notifications (SNMP Traps) to be sent to different managers. See column 13, lines where the event notification group defines three types of notifications which an agent can send to a manager. These are alarm notification, a state change notification, and a value change notification. Each EFD specifies what type of notification is to be sent for an event that has occurred in the agent The EFD also specifies the conditions (e.g., preconditions) under which such a notification is to be sent and the IP address of the manager to which the notification is to be sent. All standard SNMP traps are sent to the managers UDP port. Meandzija discloses receiving a control command from a control point computing device instructing the controlled computing device to perform a specified operation affecting the state of the controlled computing device; responsive to the control command, performing the specified operation. Meandzija discloses a management station (user controller device) having user input/output capability (display, keyboard, and mouse) for remote user interaction with the agent (controlled computing device) to effect a change in the operational state of the controlled computing device represented in the state table. See column 9, lines which discloses an SNMP management station may communicate with an operator interface such as a keyboard to receive information such as the operational states. The 18

19 Page 17 management station is implemented as a workstation or personal computer. See column 10, lines where Meandzija discloses a management station can cause an action to take place at an agent or change the configuration settings of an agent by modifying the value of specific variables. See column 10, lines where Meandzija discloses the management application includes a state information module, an events processing module, and a log processing module. The state information module includes a number of states and status functions, including a management state, an \ administrative state, an operational state, a usage state, a procedural status, an alarm status, an availability status, a control status, a standby status, and an unknown status. See column 11, lines The operational state describes the operational state of the unit represented by the agent/subagent. Management can designate pre-conditions for allowing an agent to determine whether it, or any of its components, or any resource represented by the agent is disabled or disabled. The management station can provide information to an agent which indirectly changes the agent's operational status. See column 12, lines Meandzija discloses communicating further state events having information descriptive of the state of the controlled computing device after the specified operation is performed to the respective control point computing devices of the registered subscriptions, whereby the plurality of control point computing devices having registered subscriptions can maintain concurrent storage of data.. representing the state of the controlled computing device. Meandzija discloses an event processing module operating according to an eventing model to distribute the 19

20 Page 18 change notifications (SNMP traps) to any subscribing user controller device upon change to a state table representing the operational state of the controlled computing device. See column 10, lines 6-10 where the management agents may also synchronously provide the management station with important unsolicited information. Each agent supports access to a collection of managed resources, which are represented by managed objects referred to as the MIB. See also column 10, lines where the events processing module is used to provide event information that is communicated to the agent to define pre-conditions for the agent to generate an event. The even information also defines EFD information that defines pre-conditions for communicating a notification of an event from the agent to the management station via the network. See column 11, lines where the events module includes a number of items, including an events group, an event forwarding discrimination (EFD) group, which includes an administrative state, an operational state, and an availability status, and an event notification group, which includes an alarm, state change, and a value change. See column 13, lines where the events module enables managers to configure the types of events that can be generated by an agent and when those events should be transformed into asynchronous notifications (SNMP Traps) to be sent to different managers. See column 13, lines where the event notification group defines three types of notifications which an agent can send to a manager. These are alarm notification, a state change notification, and a value change notification. Each EFD specifies what type of notification is to be sent for an event that has occurred in the agent. The EFD also specifies the conditions (e.g., preconditions) under which such a 20

21 Page 19 notification is to be sent and the IP address of the manager to which the notification is to be sent. All standard SNMP traps are sent to the managers UDP port. 5. Claims 1, 3-4, 20 and 33 are rejected under 35 U.S.C. 102(e) as being anticipated by Maples. Regarding claim 1, Maples discloses a distributed computing network having at least one computing device. See column 6, lines and figure 10 i, where a system daemon is modified and supports connection to network and/or logical devices which enable communication of information between the local multi-dimensional synthetic environment system and N remote MUSE systems where N is at least one computer using known networking or communication techniques. Maples discloses a controlled computing device. See column 5, lines which discloses the local multi-dimensional synthetic environment or MUSE system 10 may be implemented with virtually any general purpose digital computer having multiprocessing capabilities and virtually any input and output devices. Maples discloses a state table maintained by the controlled computing device and representing an operational state of the controlled computing device. See column 7, lines which discloses the MUSE system prepares state and parameter tables which are a representation of all control states and parameters needed to control the application, while responding to the user by manipulating the states and control values in the state and parameter table until execution is complete. 21

22 Page 20 The state and parameter tables contain each control state and parameter of the local MUSE system. Parameters may include information identifying objects within the virtual environment, while state information may include the orientation of the object, its translation in space, or any other necessary control state to accomplish the desired functionality of the application or the MUSE system. See also column 3, lines which discloses employing state and parameter tables representative of virtually any state and parameter of every MUSE system in the shared group. Further, Maples discloses shared memory contains a table containing information for each user in the shared environment so that the current state of each individual at each separate station is known by every user connected in the shared environment. See column 11, lines Further, Maples discloses determining whether a remote MUSE system of a local user can be accessed or connected to (operational state). See column 11, line 65- column 12, line 6. Maples also discloses that the state values associated with each user representation or object may be dependent upon the content of the shared control table. For example, Maples discloses when another user is not fully synchronized with the local user's view of application data, that user may be displayed in translucent form versus solid form. By altering the state table entries associated with the user's representation, the system may be modified to enable display of dependents of one data object on another. See column 16, line 62-column 17, line 10. Determining whether a device is synchronized with another device is determining the operating state in that it determines whether the device is operating in a synchronized mode or not. In other words, Maples discloses determining the operational states of the controlled 22

23 Page 21 devices and also discloses employing state tables representative of virtually any state of the MUSE system. Further, a "control state" can represent the operational state of the device. A control state indicates how a device is operating such as under what type of lighting control the device is operating in or what level of synchronization the device is operating in. Maples discloses a user controller device having user input/output capabilities for presenting a user perceptible device control interface for remote user interaction with the controlled computing device to effect a change in the operational state of the controlled computing device represented in the state table. See column 16, lines where Maple discloses the local user controls the local environment totally, by requesting remote and local control of the environment as desired. See also column 15, lines where Maples discloses a user perceptible device control interface as the application user interface for developing application control state and related information for the local system. The application user interface allows the user to set, in shared memory, the application control structure (the application state table and application parameter table) to control the local application in the desired fashion. The user can selectively control the fields of the application control structure as defined in the application state table and the application parameter table as desired via application user control and application user interface. Maples discloses a user control point module in the user controller device operating to obtain a copy of the state table of the user controller device and subscribe to change notifications of the state table. See column 15, lines

24 Page 22 where the multi-dimensional synthetic environment system of figure 1 also contains an application user interface for developing application control state and related information for the local system. The application user interface allows the user to set, in shared memory, the application control structure (the application state table and the application parameter table) to control the local application in the desired fashion. The user can selectively control the fields of the application control structure as defined in the application state table and the application parameter table as desired via application user control and application user interface. See column 17, lines where Maple teaches storing a copy of an application state table and application parameter table and receiving updates to these tables through the network. The state and parameter information representative of images viewed at each remote MUSE system ION are stored in the shared user memory at the location of the respective user. The user then selects which of this information to display and stores the selection in the shared control table, updating the application state table, and the application parameter table, which updates are transmitted to the other networks by the communicator over the network. See column 18, lines 6-30 where Maple teaches that subscription may be optionally selected by denoting whether the local user is in control of a particular parameter of if the state is shared between users in the group. Table 1 sets forth an example allowing user XYZ to control time, user YRT to control field of view, the application state set to be controlled by user PL V. Maples allows for "selective synchronization" based on a particulars of the communication stored with the authorized user file. See column 13, line 59:-column 14, line 51. See also column 3, lines Some of the 24

25 Page 23 communication is shared with less than all remote MUSE systems. The communicator determines whether there are verified shared users and once verification of the presence of shared users is provided, the MUSE communicator handles communication between those shared users. To "subscribe" is "to receive or obtain regularly", "to give consent", "to contract to receive something". In Maples, certain users "receive or obtain regularly" the change notifications of the state table based on which remote MUSE systems are considered to be "shared" users. A user submits a request to access a shared multi-user environment (subscribe). See column 13, lines and column 3, lines 61-column 4, line 7. Maples discloses an event source module in the controlled computing device operating according to an eventing model to distribute the change notifications to any subscribing user controller device upon a change to the state table representing the operational state of the controlled computing device, wherein the change notifications represent the respective change in the state h table, so as to thereby synchronize the user perceptible device control interface with the changed operational state among said any subscribing user controller device. Maples teaches that the information in the application stat~ table and application parameter table is maintained in synchronization by sharing updates with each member of the group. See column 15, lines where the MUSE communicator transmits state values and parameter information only when the state values and parameter information are changed in value by the MUSE application or the remainder of the MUSE system. Each time such information is changed, it is sent to 25

26 Page 24 each of the shared environments. See column 3, lines where Maples describes synchronizing state table information between a number of devices. Each user of the shared environment may synchronize one or more aspects of the local environment to one or more users of the multi-user group, as desired to better collaborate and understand the information in the multi-user environment. Regarding claim 3, Maples discloses wherein the controlled computing device is an embedded computing device. See column 5, lines where the local multi-dimensional synthetic environment or MUSE system may be implemented with any general purpose digital computer having multi-processing capabilities and virtually any input and output device. The multi-dimensional synthetic environment system employs a shared memory to interact between the user and a selected synthetic environment application. Regarding claim 4, Maples discloses a computer-readable medium controlled computing device having encoded thereon the state table representing the operational state of the controlled computing device. See column 6, lines and figure 10 where a system daemon is modified ~nd supports connection to network and/or logical devices which enable communication of information between the local multi-dimensional synthetic environment system and N remote MUSE systems where N is at least one computer using known networking or communication techniques. Maples discloses a controlled computing device. See column 5, lines 60-26

27 Page which discloses the local multi-dimensional synthetic environment or MUSE system 10 may be implemented with virtually any general purpose digital computer having multi-processing capabilities and virtually any input and output devices. See column 7, lines which discloses the MUSE system prepares state and parameter tables which are a representation of all control states and parameters needed to control the application, while responding to the user by manipulating the states and control values in the state and parameter table until execution is complete. The state and parameter tables contain each control state and parameter of the local MUSE system. Parameters may include information identifying objects within the virtual environment, while state information may include the orientation of the object, its translation in space, or any other necessary control state to accomplish the desired functionality of the application or the MUSE system. Maples discloses the state table comprising: a plurality of entries, each entry comprising: a variable identifier; and a current value. See column 7, lines where a parameter (variable identifier) may include information identifying objects within the virtual environment, while state information (current value) may inqlude the orientation of the object, its translation in space, or any other necessary control state to accomplish the desired functionality of the application or the MUSE system. Regarding claim 20, Maples discloses a peer networking state eventing and control protocol method for effecting state-concurrent multi-master control of a controlled computing device by a plurality of control point computing devices 27

28 Page 26 communicating on a data communications network, the data communications network having the controlled computing device. See column 6, lines where a number of control point computing devices communicate through a data communications network (system daemon is modified and supports connection to network and/or logical devices which enable the communication of information between the local multi-dimensional synthetic environment system and N remote MUSE systems where N is at least one computer using known networking or communication techniques). See column 2, lines where the shared multi-user interface of the present application allows plural users to work together in a multi-dimensional synthetic environment to enable collective effort of multiple users while simultaneously exploring individual creativity and independence. See column 3, lines where in order to allow selective synchronization of a local MUSE system with one or more remote MUSE systems within the shared multi-user group, a shared control table is provided which indicates control assignment of each functional aspect of the MUSE system to either the local user or another user within the multi-user shared group. Selective synchronization of virtually any or all aspects of the local application to the control actions of one or more other users of the shared multi-user group is possible in accordance with the shared multi-user environment system of the present application. Maples discloses a state table maintained by the controlled computing device and representing an operational state of the controlled computing device. See column 7, lines which discloses the MUSE system prepares state and parameter tables which are a representation of all control states and parameters 28

29 Page 27 needed to control the application, while responding to the user by manipulating the states and control values in t~e state and parameter table until execution is complete. The state and parameter tables contain each control state and parameter of the local MUSE system. Parameters may include information identifying objects within the virtual environment, while state information may include the orientation of the object, its translation in space, or any other necessary control state to accomplish the desired functionality of the application or the MUSE system. See also column 3, lines which discloses employing state and parameter tables representative of virtually any state and parameter of every MUSE system in the shared group. Further, Maples discloses shared memory contains a table containing information for each user in the shared environment so that the current state of each individual at each separate station is_ known by every user connected in the shared environment. See column 11, lines Further, Maples discloses determining whether a remote MUSE system of a local user can be accessed or connected to (operational state). See column 11, line 65- column 12, line 6. Maples also discloses that the state values associated with each user representation or object may be dependent upon the content of the shared control table. For example, Maples discloses when another user is not fully synchronized with the local user's view of application data, that user may be displayed in translucent form versus solid form. By altering the state table entries associated with the user's representation, the system may be modified to enable display of dependents of one data object on another. See column 16, line 62-column 17, line 10. Determining whether a device is synchronized with another device is determining the operating state 29

30 Page 28 in that it determines whether the device is operating in a synchronized mode or not. In other words, Maples discloses determining the operational states of the con~rolled devices and also discloses employing state tables representative of virtually any state of the MUSE system. Further, a "control state" can represent the operational state of the device. A control state indicates how a device is operating such as under what type of I lighting control the device is operating in or what level of synchronization the device is operating in. Maples discloses a control point computing device having user input/output capability for presenting a user perceptible device control interface for remote user interaction with the controlled computing device and communicating with the controlled computing device via a device.control protocol to effect remote operational control of the controlled computing device. See column 16, lines where Maple discloses the local user controls the local environment totally, by requesting remote and local control of the environment as desired. See also column 15, lines where Maples discloses a user perceptible device control interface as the application user interface for developing application control state and related information for the local system. The application user interface allows the user to set, in shared memory, the application control structure (the application state table and application parameter table) to control the local application in the desired fashion. The user can selectively control the fields of the application control structure as defined in the application state table and the application parameter table as desired via application user control and application user interface. 30