UNITED ST A TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PA TENTS
`P.O. Bax 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`10/262,413
`
`FILING DATE
`
`09/30/2002
`
`FIRST NAMED INVENTOR
`
`A TIORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Dennis J. Dupray
`
`1003-2
`
`2233
`
`7590
`Dennis J. Dupray
`180 I Belvedere Street
`Golden, CO 8040 I
`
`12/1312005
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`PAPER NUMBER
`
`DATE MAILED: 12/13/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`Apple, Inc. Exhibit 1040 Page 1
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`

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`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/262,413
`
`Examiner
`
`DUPRAY ET AL.
`
`Art Unit
`
`Dao L. Phan
`3662
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`1 )18] Responsive to communication(s) filed on 01 Julv 2005.
`2a)0 This action is FINAL.
`2b)l8] This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)18] Claim(s) 139-198 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)18] Claim(s) 139-198 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 7-05)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 120805
`
`Apple, Inc. Exhibit 1040 Page 2
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`

`
`(·
`
`Application/Control Number: 10/262,413
`Art Unit: 3662
`
`Page 2
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`1.
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`Copies of foreign patent documents and other art cited on p. 2 of FORM PTO-
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`1449 filed on July 1, 2005 are requested for examination.
`
`2.
`
`Claims 139-198 are rejected under 35 U.S.C. 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`applicant regards as the invention.
`
`As to claim 139, lines 28-29, and claim 198, lines 31-32, "neither of (A2-1) and
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`(A2-2) following substantially affects a determining of the other" is unclear. It's unclear
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`as neither of (A2-1) and (A2-2) following substantially affects a determining of the other
`
`about what.
`
`Claims 140-197 depend from indefinite antecedent claims.
`
`3.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Dao L. Phan whose telephone number is (571 )272-
`
`6976. The examiner can normally be reached on M-F 9:00-5:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Thomas Tarcza can be reached on (571 )272-6979. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Apple, Inc. Exhibit 1040 Page 3
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`

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`... ,
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`Application/Control Number: 10/262,413
`Art Unit: 3662
`
`Page 3
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`4.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`Apple, Inc. Exhibit 1040 Page 4
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`

`
`In Re the Application of:
`
`Examiner: PHAN, DAO LINDA
`
`PATENT APPLICATION
`
`AMENDMENT AND RESPONSE TO
`OFFICE ACTION OF DEC. 13, 2005
`
`Express Mail Label: EV 788579538 US
`
`"EXPRESS MAIL" MAILING LABEL NUMBER:
`EV788579538US
`DATE OF DEPOSIT: June 8, 2006
`
`I HEREBY CERTIFY THAT THIS PAPER OR FEE IS
`BEING DEPOSITED WITH THE UNITED STATES
`POSTAL SERVICE "EXPRESS MAIL POST OFFICE
`TO ADDRESSEE" SERVICE UNDER 37 CFR 1.10 ON
`THE DATE INDICATED ABOVE AND IS ADDRESSED
`TO THE COMMISSIONER FOR PATENTS, P.O. BOX
`1450, ALEXANDRIA, VA 22313-1450
`TYPED OR PR~E: Corina K.~ft( /f'
`SIGNATURE: A..JL~~
`
`DUPRAY et al.
`
`Serial No.: 10/262,413
`
`Filed: September 30, 2003
`
`Atty. File No.: 1003-2
`
`For:
`
`"GEOGRAPHIC LOCATION
`
`USING MULTIPLE LOCATION
`
`ESTIMATORS"
`
`Group Art Unit: 3662
`
`Commissioner of Patents
`
`P.O. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`Dear Sir:
`
`This Amendment and Response is filed in response to the Office Action mailed on Dec.
`
`13, 2005. A request for a three-month extension of time is enclosed, to extend the time for
`
`response from March 13, 2006 to June 13, 2006, along with a check in the amount of $510.00 for
`
`this extension. Additionally, a check in the amount of $575.00 is included for the additional new
`
`claims ($100.00 for the one independent claim in excess of 3, and $475.00 (=19 X $25) for the 20
`
`additional new claims minus the one cancelled claim, for a total of $575.00).
`
`It is believed that no additional fees are due with this Amendment and Response. Please
`
`contact the undersigned Applicant if additional fees are due.
`
`OG/13/200& CCHAU1
`02 FC:2202
`03 FC:2201
`
`00000094 102&2413
`475.00 OP
`100.00 OP
`
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`

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`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262.413
`
`IN THE SPECIFICATION
`
`Please insert the following paragraph as the first paragraph in the section entitled
`
`"OBJECTS OF THE INVENTION", on page 10, immediately after line 2. Note, a previous
`
`specification amendment has been entered to replace the paragraph beginning on page 10,
`
`line 3. The following paragraph is requested to be inserted immediately above this previous
`
`amendment.
`
`It is an objective of the'present invention to provide various novel computational
`
`architectures and/or techniques that use multiple computational models for assessing and/or
`
`evaluating the same condition or situation. In particular, the present invention may be applied to
`
`a wide variety of applications such as: (i) determining geographical locations of communication
`
`devices using signals of a telecommunications network, (ii) accurately performing character
`
`recognition during document scanning, (iii) diagnosis/monitoring of, e.g., medical, or
`
`communication networks, (iv) robotics applications for, e.g., scene recognition, and robotic
`
`navigation, (v) signal processing for seismic/geologic signal processing, (vi) weather prediction,
`
`and (vii) computer aided control of chemical processing plants, the present invention provides
`
`techniques for obtaining accurate and reliable results. By obtaining a plurality of initial
`
`hypotheses output from a plurality of different computational models for addressing the same
`
`situation or problem, it is an object of the present invention to combine, resolve, and/or adjust
`
`such initial hypotheses so that a more accurate and/or reliable resulting hypothesis can be
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`obtained, wherein this resulting hypothesis is dependent on at least two or more of the initial
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`hypotheses. Moreover, it is an object of the present invention to obtain performance metrics or
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`confidence factors indicative of the likelihood that the initial hypotheses are accurate, and
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`similarly that the derived resulting hypotheses are also accurate.
`
`Please insert the following paragraph as the first paragraph in the section entitled
`
`"SUMMARY DISCUSSION", on page 12, immediately after line 5.
`
`The objects set forth above are provided by the multiple model architecture disclosed
`
`herein. In particular, this multiple model architecture provides a plurality of computational
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`models, wherein two or more such models may be activated to evaluate or assess a common
`
`situation or problem so that a result derived using the outputs from each of these models better
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`addresses the situation or problem than any single one of the two or more models. The multiple
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`Express Mail Label No.: EV 788579538 US
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`Serial No. 101262,413
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`model architecture may combine (and/or resolve differences between) the outputs of the activated
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`models for thereby obtaining results that are enhanced over any single one of the models. The
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`combining (and/or resolving) of the model outputs may utilize performance metrics or confidence
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`factors indicative of the likelihood that the model outputs (also referred to as hypotheses herein)
`
`are accurate. The output model hypotheses may be determined using computational techniques
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`that are, e.g., based on prior collected data from previously evaluated or assessed situations or
`
`problems. Additionally, such computational techniques may use prior collected data indicative of
`
`actual results for comparing with (and/or adjusting) model hypotheses. As described
`
`hereinbelow, the multiple model architecture may be applied to a wide range of application
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`domains, including: (i) determining geographical locations of networked communication devices
`
`using location indicative information transmitted on a telecommunications network, (ii)
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`accurately performing character recognition during document scanning, (iii) diagnosis/monitoring
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`of, e.g., medical, or communication networks, (iv) robotics applications for, e.g., scene
`
`recognition, and robotic navigation, (v) signal processing for seismic/geologic applications, (vi)
`
`weather prediction, and (vii) computer aided control of chemical processing plants. For a detailed
`
`description of an embodiment of the multiple model architecture, much of the disclosure
`
`hereinbelow is directed to determining geographical locations of networked communication
`devices as in (i) above, and in particular, to wireless location. However, the present invention is
`
`not limited to geographical location systems and methods, such as those for wireless location,
`
`except as provided by the prior art.
`
`Please amend the paragraph .commencing at page 12, line 6. Note there was a
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`previous amendment to this paragraph, wherein a number of paragraphs were entered on
`
`Sept. 30, 2002 (or thereabouts). Accordingly, the paragraph for which applicants are
`
`currently requesting amendment is as follows (with the previous amendment underlined):
`
`The present invention relates to a wireless mobile station location system. and in
`particular. various subsystems related thereto such as a wireless location gateway. and the
`combining or hybriding of a plurality of wireless location techniques.
`
`Applicants are now requesting the following amendment to this paragraph as follows:
`
`The present invention further relates to a wireless mobile station location system, and in
`
`particular, various subsystems related thereto such as a wireless location gateway, and the
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`combining or hybriding of a plurality of wireless location techniques.
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`

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`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
`
`IN THE CLAIMS:
`
`Claims 1 through 138 were previously cancelled.
`
`139. (Currently Amended)
`
`A method for locating communication devices in communication
`
`with a communications network having a plurality of geographically dispersed network
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`communication components operably connected together for communicating with the
`
`communication devices, comprising:
`
`performing the steps {l) and (2) following for locating each communication device (CD)
`
`of the various ones of the communication devices, wherein each one of a plurality of location
`
`determiners.is used for determining corresponding geographic location information for locating
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`each communication device of various ones of the communication devices, and wherein at least a
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`first and a second of the location determiners utilize a different geographic location process from
`
`the other, such that (Al) and (A2) following hold:
`(Al) for at least one actual geographic location (L) of at least one of the
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`communication devices, a difference between the first location determiner
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`and the second location determiner includes one or more processing steps
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`that result in a geographical location or extent such that {Al-1) and {Al-2)
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`following hold:
`
`(Al-1)
`
`an identification of a potential geographic location of L, output
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`by the first location determiner, is substantially dependent upon
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`an instance of the geographical location or extent resulting from
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`performing the one or more processing steps, and an
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`identification of a potential geographic location of L, output by
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`the second location determiner, is not substantially dependent
`
`upon an instance of the geographical location or extent resulting
`
`from performing the one or more processing steps, and
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`(Al-2))
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`the one or more processing steps are used by the first location
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`determiner for locating communication devices in a plurality of
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`geographically spaced apart locations; and
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`Express Mail Label No.: EV 788579538 US
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`Serial No. 101262,413
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`(A2) for at least one actual geographical location of at least one of the
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`communication devices,~ each of (A2-l) and (A2-2) following does
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`not substantially affect[[ s ]] a detenniBiBg determination of the other of (A2-
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`1) and (A2-2):
`
`(A2-1)
`
`a first identification of a potential first geographic location or
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`geographic extent output by the first location determiner, and
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`{A2-2)
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`a second identification of a potential second geographic location
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`or geographic extent output by the second location determiner;
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`( 1) obtaining, from each of one or more of the location determiners, corresponding output
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`geographic location information for locating CD when the one or more location determiners are
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`each provided with a corresponding input of geolocation indicative data from transmissions
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`between the communication device CD and at least one of the network communication
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`components, wherein the corresponding output geographic location information for at least one of
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`the location determiners includes one or more geographic identifications, each geographic
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`identification representing at least one of: a potential geographic location and a potential
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`geographic extent for an actual location of CD;
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`(2) providing resulting geographic location information of the communication device
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`CD, wherein said resulting location information is obtained by accessing, for each of the one or
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`more of the location determiners, its corresponding output geographic location information;
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`wherein for at least one instance of locating the communications device CD, a
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`corresponding performance of said steps of obtaining and providing includes performing at least
`
`two of (Bl) through (B4) following:
`
`(Bl) for at least two of the geographic identifications (Gl1 and GI2) for CD,
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`obtained, in said obtaining step, from different ones of the location
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`determiners, a step of at least one of: UU.combining, or (hl_resolvingJ!
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`difference between[[,]t (i) Git (or location data derived therefrom) and (ii)
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`GI2 (or location data derived therefrom) so that said resulting geographic
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`location information is dependent on each of GI1 and GI2;
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`(B2) for each of at least two of the geographic identifications (Gl3 and G4) for
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`CD, obtained from different corresponding ones of the location determiners,
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`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
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`a step of obtaining a corresponding rating value for each ofGl3 (or location
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`data derived therefrom), and Gl4 (or location data derived therefrom),
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`wherein said rating values are indicative of relative expected performances of
`
`the different corresponding location determiners in locating the
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`communication devices, and wherein each corresponding rating value is
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`determined after its corresponding geographic identification is identified by
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`its location determiner;
`
`(B3) for each of at least two of the geographic identifications (Gls and GI6) for
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`CD, obtained from different corresponding ones of the location determiners,
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`a step of selecting one of: Gls (or location data derived therefrom), and GI6
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`(or location data derived therefrom), for receiving a preference in
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`determining said resulting geographic location information; and
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`(B4) obtaining information indicative of a reliability of at least one geographic
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`identification (Gl7) of CD from one of the one or more location determiners,
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`wherein the reliability represents a likelihood that CD is within the potential
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`geographic location or the potential geographic extent identified by Gl7, and
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`wherein the reliability is determined after the at least one geographic
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`identification is obtained from its location determiner.
`
`140. (Previously Presented)
`
`The method of Claim 13 9, wherein the one or more location
`
`determiners includes each of the first and second location determiners, and the corresponding
`
`output geographic location information for each of the first and second location determiners
`
`includes at least one geographic identification.
`
`141. (Previously Presented)
`
`The method of Claim 140, wherein at least one of the steps (Bl),
`
`(B2), and (B3) uses a geographic identification (or corresponding location data derived
`
`therefrom) from each of the first and second location determiners.
`
`142. (Previously Presented)
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`The method of Claim 140, wherein at least one step of said steps
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`(B2) and (B4) is performed, and said at least one step includes a step of changing: (i) one of the
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`rating values, or (ii) the information indicative of a reliability to indicate a different likelihood
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`that CD is within the potential geographic location or the potential geographic extent represented
`
`by Gl7.
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`143. (Previously Presented)
`
`The method of Claim 140, wherein there is two-way
`
`communication between the communications device CD and the network.
`
`144. (Previously Presented)
`
`The method of Claim 140, wherein for locating, at each of a
`
`plurality of substantially different geographical locations, one of the plurality of communication
`
`devices (CD1), at least one of the first and second location determiners is dependent upon an
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`output from a predetermined pattern detection process, wherein the predetermined pattern
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`detection process detects a pattern in a communication between the communication device CDi
`
`and the network.
`
`145. (Currently Amended)
`
`The method of Claim 144, wherein for locating, at each of a
`
`plurality of substantially different geographical locations, a corresponding one of the various
`
`communication devices (CDk), at least one of the one or more location determiners is dependent
`
`upon an output from an encoding of a geographic distance determining equation.
`
`146. (Previously Presented)
`
`The method of Claim 145, wherein said step (1) of obtaining
`
`includes obtaining, from at least one of the one or more location determiners, corresponding
`
`output geographic location information having a representation of a predetermined geographic
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`coverage area for one of the network components.
`
`147. (Currently Amended)
`
`The method of Claim 140, wherein for locating, at each of a
`
`plurality of substantially different geographical locations, a corresponding one of the various
`
`communication devices (CDk), at least one of the first and second location determiners is
`
`dependent upon an output from a predetermined process that determines a direction of
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`communication between the communication device CD and one or more of the network
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`components.
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`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
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`148. (Previously Presented)
`
`The method of Claim 147, wherein at least one of the one or
`
`more location determiners determines a geographic distance between the communication device
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`CD and one of the network components.
`
`149. (Previously Presented)
`
`The method of Claim 140, wherein the second location
`
`determiner does not perform the one or more processing steps for determining an estimate of the
`actual geographic location, L, of the at least one communication device.
`
`150. (Previously Presented)
`
`The method of Claim 140, wherein for locating at least one of
`
`the various communication devices, one of the first and second location determiners uses a result
`
`from an encoding of a geographic distance determining equation, and the other of the first and
`
`second location determiners does not use a result from the encoding.
`
`151. (Previously Presented)
`
`The method of Claim 140, wherein each of the plurality of
`
`communication devices has an assigned identifier used by the communications network for
`
`communicating with the communication device.
`
`152. (Previously Presented)
`
`The method of Claim 140, wherein for locating at least one of
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`the various communication devices, one of the first and second location determiners is not
`
`dependent upon accessing a data store of geographically related information obtained from
`
`previously locating other ones of the communication devices different from the communication
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`device CD.
`
`153. (Previously Presented)
`
`The method of Claim 140, further including a step of requesting
`
`the corresponding output geographic location information from at least one of the one or more
`
`location determiners.
`
`154. (Previously Presented)
`
`The method of Claim 153, wherein said requesting step includes
`
`transmitting a request on the Internet.
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`Express Mail Label No.: EV 788579538 US
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`Serial No. 101262,413
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`155. (Previously Presented)
`
`The method of Claim 140, wherein for locating at least one of
`
`the various communication, devices, the corresponding input is different to each of the first and
`
`second location determiners.
`
`156. (Previously Presented)
`
`The method of Claim 13 9, wherein the one or more location
`
`determiners includes at least one of the first and second location determiners, and the
`
`corresponding output geographic location information for the at least one of the first and second
`
`location determiners includes at least one geographic identification.
`
`157. {Previously Presented)
`
`The method of Claim 156, wherein there are at least three
`
`location determiners in the plurality of location determiners.
`
`158. (Currently Amended)
`
`The method of Claim 156, wherein there are at least four
`
`location determiners in the plurality of location determiners, and corresponding geographic
`
`location identification from each of the four location determiners are used in determining the
`
`resulting geographic location information;
`
`wherein for each pair of the at least four location determiners, the conditions {Al) and
`
`(A2) hold when the location determiners of the pair replace the first and second location
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`determiners in the conditions (Al) and (A2[[1]]).
`
`159. (Previously Presented)
`
`The method of Claim 156, wherein for an actual geographical
`
`location (Li) of at least one of the communication devices (CDi) located according to the
`
`obtaining and providing steps (1) and (2), at least one location determiner (LD) of the one or
`
`more location determiners outputs a representation of a potential geographical location or
`
`potential geographic extent that is determined by determining a geolocation of CDi different from
`
`a predetermined geographic area associated with a network communication component (CC)
`
`detecting a communication with CDi; and
`
`wherein for locating other ones of the communication devices communicating with the
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`component CC from locations different from Li, the at least one location determiner LD outputs
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`an identification of a potential geographical location or geographic extent that is different from
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`the predetermined geographic area.
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`Apple, Inc. Exhibit 1040 Page 13
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`

`
`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
`
`160. (Previously Presented)
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`The method of Claim 159, wherein for locating at least some of
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`the various communication devices, each at a substantially different geographic location, the
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`location determiner LD is dependent upon an output from an implementation of a predetermined
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`equation, wherein the implementation is used by the location determiner LD for locating each of
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`the at least some communication devices in the plurality of geographically different locations,
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`wherein for each communication device (CDk) of the at least some communication devices, the
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`implementation of the predetermined equation determines one of: a geographical distance, and a
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`geographical direction for CDk using geolocation indicative data from transmissions between the
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`communication device CDk and at least one of the network communication components.
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`161. (Previously Presented)
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`The method of Claim 160, wherein the one or more location
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`determiners includes each of the first and second location determiners, and the corresponding
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`output geographic location information for each of the first and second location determiners
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`includes at least one geographic identification.
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`162. (Previously Presented)
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`The method of Claim 156, wherein for locating, at substantially
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`different geographic locations (Lk), each communication device (CDk) of at least some of the
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`various communication devices, there is at least one location determiner (LD), of the one or more
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`location determiners, whose corresponding output geographic location information, for CDk at
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`Lk, is dependent upon an output from a predetermined pattern detection process .
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`. 163. (Currently Amended)
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`The method of Claim 162, wherein for each communication
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`device [[(]]CDk[[)]], the predetermined pattern detection process determines a similarity between
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`(a) and (b) following:
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`(a)
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`data obtained from a transmission between the communication device CDk and
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`at least one of the network communication components, wherein said data is at
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`least is at h~ast indicative of a geographic location inaiHti • 13, of CD~ and
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`Apple, Inc. Exhibit 1040 Page 14
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`

`
`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
`
`(b)
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`known data, wherein the known data is obtained from[[:]] (i) and (ii) following,
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`for each geographical location CGL) of a plurality of geographical location~
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`and Eii) wlh~ ing:
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`(i) an identification of the geographical location GL, and
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`(ii) for the geographical location GL, corresponding geographical related
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`information indicative of communications between at least one of the
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`communication devices a~1mmimahil3 at in proximity of the geographical
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`location GL, and one or more network components.
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`Please cancel Claim 164.
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`165. (Previously Presented)
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`The method of Claim 163, wherein the similarity is used to
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`determine one of the geographic identifications of one of the output geographic location
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`information obtained in said step of obtaining.
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`166. (Previously Presented)
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`The method of Claim 165, wherein the one or more location
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`determiners includes each of the first and second location determiners.
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`167. (Currently Amended)
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`The method of Claim 156, wherein for locating, at each location
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`(Lk) of a plurality of substantially different geographic locations, a different one of the
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`communication devices (CDk) sf the • ariatts eamnrnnieatian de• iees such that .. herein CDk is
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`an instance of CD, a further step of determining for them is at least one geographic identification
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`(or location data derived therefrom)[[,]] for CDk at Lk, h3¥iftg a confidence factor associated
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`therewith, said confidence factor indicative of at least one of: a rating value in step (B2), and a
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`reliability in step (B4).
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`168. (Previously Presented)
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`The method of Claim 167, further including determining the
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`confidence factor by correlating at least one attribute of a communication between CDk and the
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`network with known data indicative of actual geographic locations.
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`11 of28
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`Apple, Inc. Exhibit 1040 Page 15
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`

`
`Express Mail Label No.: EV 788579538 US
`Document: "Amendment and Response", June 2006
`Serial No. 101262,413
`
`169. (Previously Presented)
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`The method of Claim 168, wherein the one or more location
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`determiners includes each of the first and second location determiners, and for each of the
`
`corresponding output geographic location information from the first and second location
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`determiners, at least a corresponding geographic identification is used in one of the steps (B 1 ),
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`(B2), (B3), and (B4).
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`170. (Previously Presented)
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`The method of Claim 167, wherein said providing step (2)
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`includes changing the confidence factor to account for additional information related to a
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`likelihood that CDk is located by the at least one geographic identification (or location data
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`derived therefrom).
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`171. (Previously Presented)
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`The method of Claim 167, wherein at least one step of said steps
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`(B2) and (B4) is performed, and said at least one step includes, for at least one geographic
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`identification, changing one of its rating value or its reliability.
`
`172. (Currently Amended)
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`The method of Claim 167, wherein said step (B 1) of combining
`
`or resolving is performed, and includes the combining of a plurality of confidence factors by
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`utilizing weights attributed to each of the phuali1' sf confidence factors.
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`173. (Previously Presented)
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`The method of Claim 167, wherein the confidence factor is
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`determined as a function of a plurality of confidence values, wherein at least two of the
`
`