Exhibit 3

Case 6:20-cv-00459-ADA Document 46-3 Filed 01/29/21 Page 1 of 5
IN THE U.S. PATENT AND TRADEMARK OFFICE 

Application No.: 11/393,900 

Filing Date: March 31, 2006 

Applicant: Girish P. Chandranmenon et al 

Group Art Unit: 2452 

Examiner: Neeraj K. Utreja 

Title: METHODS AND DEVICES FOR MAINTAINING SESSIONS BASED ON 

PRESENCE STATUS INFORMATION 

Attorney Docket: 129250-002209 /US 

APPELLANTS' BRIEF ON APPEAL 

MAIL STOP APPEAL BRIEF - PATENTS 

Customer Service Window 

Randolph Building 

401 Dulany Street 

Alexandria, VA 22314 

December 17, 2010 

Case 6:20-cv-00459-ADA Document 46-3 Filed 01/29/21 Page 2 of 5
APPELLANTS' BRIEF ON APPEAL 

U.S. Application No.: 11/393,900 

Atty. Docket: 129250-002209 /US 

TABLE OF CONTENTS 

APPELLANTS' BRIEF ON APPEAL ................................................................ 1 

I. REAL PARTY IN INTEREST ................................................................ 1 

II. RELATED APPEALS AND INTERFERENCES ...................................... 1 

III. STATUS OF CLAIMS .......................................................................... 1 

IV. STATUS OF AMENDMENTS ............................................................... 1 

V. SUMMARY OF CLAIMED SUBJECT MATTER ..................................... 2 

(i). Overview of the Subject Matter of the Independent Claims ............. 2 

(ii). The Remainder of the Specification Also Supports the Claims ....... 3 

VI. GROUNDS OF REJECTION TO BE REVIEWED ON APPEAL ............... 3 

VII. ARGUMENTS ..................................................................................... 4 

A. The Section 103 rejections ..................................................... .4 

VIII. CLAIMS APPENDIX ............................................................................ 7 

IX. EVIDENCE APPENDIX ..................................................................... 11 

X. RELATED PROCEEDING APPENDIX ................................................ 11 

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APPELLANTS' BRIEF ON APPEAL 

U.S. Application No.: 11/393,900 

Atty. Docket: 129250-002209 /US 

APPELLANTS' BRIEF ON APPEAL 

I. REAL PARTY IN INTEREST: 

The real party in interest in this appeal is Alcatel-Lucent. Assignment of 

the application was submitted to the U.S. Patent and Trademark Office and 

recorded at Reel 018014, Frame 0399. 

II. RELATED APPEALS AND INTERFERENCES: 

There are no known appeals or interferences that will affect, be directly 

affected by, or have a bearing on the Board's decision in this Appeal. 

III. STATUS OF CLAIMS: 

Claims 1, 2, 4-7, 9-12, 14 and 26-36 are pending in the application, with 

claims 12 and 26 being written in independent form. Claims 3, 8, 13 and 15-25 

have been cancelled. 

Claims 12, 14, 26 and 27 were finally rejected under 35 U.S.C. §103(a) 

based on the combination of Digate et al., U.S. Patent Application Publication 

No. 2004/0162881 ("Digate"), Hardistry et al, U.S. Patent Application 

Publication No. 2005/0239550 ("Hardistry") and U.S. Patent No. 6,352,479 to 

Sparks ("Sparks). Claims 1, 2, 4-7, 9-11, and 28-36 were rejected under 35 

U.S.C. §103(a) based on the combination of Digate, Hardistry, Sparks and 

Shah et al., U.S. Patent Application Publication No. 2005/0071433 ("Shah"). 

Claims 1, 2, 4-7, 9-12, 14 and 26-36 are being appealed. 

IV. STATUS OF AMENDMENTS: 

A PreAppeal Brief and Request was filed on October 20, 2010. In a 

review panel decision mailed December 13, 2010 the panel instructed the 

Appellants to proceed to file the instant appeal. 

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APPELLANTS' BRIEF ON APPEAL 

U.S. Application No.: 11/393,900 

Atty. Docket: 129250-002209 /US 

V. SUMMARY OF CLAIMED SUBJECT MATTER: 

(i). Overview of the Subject Matter of the Independent Claims 

The present invention is directed at methods and related systems for 

forming one or more groups associated with one or more online gaming sessions, 

including the feature of forming a gaming group containing those third party 

users that have the substantially same gaming skill level as that required by a 

request from compared, identified and available users along with the user that 

initiated the request. More specifically, independent claims 12 and 26 read as 

follows (specification citations are in parenthesis): 

12. A method for forming one or more groups associated with one or 

more online gaming sessions comprising: 

receiving one or more identities of one or more third party users 

(paragraphs [0025] and [0040]); 

determining the availability of the identified third party users 

(paragraphs [0042] to [0044] and [0051] to [0053]); 

comparing profiles of the identified and available third party users, 

with attributes of a request to initiate an online gaming session by a 

user, to determine the gaming skill level of the third party users 

(paragraphs [0042] to [0044] and [0051] to [0053]); and 

forming a gaming group containing those third party users that have 

the substantially same gaming skill level as that required by the request 

from the compared, identified and available users along with the user that 

initiated the request (paragraphs [0025], [0040], [0042] to [0044] and [0051] 

to [0053]). 

Independent claim 26 reads as follows: 

26. A system for forming one or more groups associated with one or 

more online gaming sessions comprising: 

a memory storing instructions to implement a lobby (paragraphs 

[0011], [0046],), 

the lobby operable to 

receive one or more identities of one or more third party users 

(paragraphs [0025] and [0040]); 

determine the availability of the identified third party users 

(paragraphs [0042] to [0044] and [0051] to [0053]); 

compare profiles of the identified and available third party 

users, with attributes of a request to initiate an online gaming session by 

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