`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton H. Smith
`
`Serial No:
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`12/398,076
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`Art Unit:
`
`2614
`
`Filed:
`
`For:
`
`March4, 2009
`
`Docket:
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`171882
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`SYSTEM AND METHODFOR INSTANTVoIP MESSAGING
`
`Conf. No.:
`
`9373
`
`Dated:
`
`February 1, 2012
`
`Commissioner for Patents
`P. O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT UNDER37 C.E.R.§ 1.111
`
`Sir:
`
`In response to the Office Action dated November1, 2011, please amend the above-
`
`identified application as follows:
`
`Amendmentto the Claimsare reflected in thelisting of claims which begins on page 3
`
`ofthis paper.
`
`Remarks/Arguments begin on page 6.
`
`Facebook's Exhibit No. 1006
`Page 1
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`Facebook's Exhibit No. 1006
`Page 1
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`
`
`
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`IN THE CLAIMS
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`This version andlisting of the claims, replaces and supercedes, all prior versions andlisting
`
`of the claims.
`
`1. (Cancelled)
`
`2. (Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating [[the]]an instant voice message, wherein generating includes recording
`
`the instant voice messagein an audiofile and attaching one or morefiles to the audiofile;
`
`transmittingtheinstant voice message having one or morerecipients:
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`receiving an instant voice message whena recipientis available; and
`
`receiving a temporarily stored instant voice message when a recipient becomes
` available, wherein the instant voice message is temporarily stored whenatleast one recipientis
`
`unavailable.
`
`3.
`
`(Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`receivingalist of nodes within the packet-switched network,thelist of nodes
`
`including a connectivity status of each node, said connectivity status being available and
`
`unavailable, wherein a node withinthelist is adapted to be selected as a recipient of an instant
`
`voice message; [[and]]
`
`displayingsaid list of nodes;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice messagewhena recipient is available; and
`
`H:\work\1732\17188Z\AMEND\17188Z.am1.doc
`
`Facebook's Exhibit No. 1006
`Page 2
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`Facebook's Exhibit No. 1006
`Page 2
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`
`
`
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`receiving a temporarily stored instant voice message whena recipient becomes
`
`available, wherein the instant voice message is temporarily stored whenat least one recipientis
`
`unavailable.
`
`4. (Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating [[the]]an instant voice message; and
`
`controlling a method of generating the instant voice message based upon a
`
`connectivity status each efsaid-ene-ormere recipient;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message whena recipientis available: and
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`available, wherein the instant voice message is temporarily stored whenatleast one recipient is
`
`unavailable.
`
`5. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 4, wherein said method ofgenerating said instant voice messageis selected from a group
`
`comprising a record modeandan intercom mode.
`
`6. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said record modeis selected as a default when at least one recipientis
`
`unavailable.
`
`7. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said intercom modeis selected as a default when said one or morerecipients are
`
`available.
`
`8. (Original) The methodfor instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said record mode comprisesthe stepsof:
`
`H:\work\1732\171882Z\AMEND\17188Z.am1.doc
`
`Facebook's Exhibit No. 1006
`Page 3
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`Facebook's Exhibit No. 1006
`Page 3
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`
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`recording the instant voice message;
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`generating a stop indicator; and
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`transmitting the recorded instant voice messageafter the generation ofsaid stop
`
`indicator.
`
`9. (Original) The methodfor instant voice messaging over a packet-switch network according to
`claim 5, wherein said intercom mode comprisesthe stepsof:
`buffering each ofa plurality of successive portions ofthe instant voice as the
`instant messageis recorded;
`
`transmitting from each successive buffered portion; and
`delivering each successiveportion to the recipients wherein the recipients audibly
`playing each successive portion asit is delivered.
`
`10. (Original) The methodfor instant voice messaging overa packet-switch network according
`to claim 8, wherein said stop indicator is generatedafter a lapse ofa preset period oftime
`without receiving an audio input.
`
`11. (Original) The method for instant voice messaging over a packet-switch network according
`to claim 8, whereinsaid stop indicator is generated whena sensordetects that a recording device
`is in a predetermined position.
`
`12. (Original) The method for instant voice messaging overa packet-switch network according
`to claim 10, further comprising:
`
`detecting an audio input; and
`
`determining whensaid audio inputhas stopped.
`
`(Currently Amended) The method for instant voice messagingover a packet-
`13:
`switch network according to claim [[1]]3, further comprising:
`displaying an indication that an instant voice message has beenreceived; and
`playing the instant voice message.
`
`H:\work\1732\17188Z\AMEND\17188Z.am1.doc
`
`Facebook's Exhibit No. 1006
`Page 4
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`Facebook's Exhibit No. 1006
`Page 4
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`
`
`(Currently Amended) The method forinstant voice messaging over a packet-
`14.
`switch network accordingto claim 2, further comprising:
`displaying an indication that an instant voice messagehas been received:
`separating the instant voice messageinto [[the]]an audio file and [[the]] one or
`
`more files; and
`
`playing the audiofile.
`
`(Original) The methodfor instant voice messaging over a packet-switch network
`15,
`accordingto claim 8, further comprising:
`
`receiving a record start signal.
`
`(Original) The methodfor instant voice messaging over a packet-switch network
`16.
`according to claim 15, wherein said record start signal is an audiosignal.
`
`H:\work\1732\17188Z\AMEND\17188Z.am|.doc
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`Facebook's Exhibit No. 1006
`Page 5
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`Facebook's Exhibit No. 1006
`Page 5
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`
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`REMARKS
`
`Applicantrespectfully submits this Amendmentin reply to the Official Action dated
`
`November 1, 2012. Applicant submits that the Amendmentis fully responsive to the Official
`
`Action for at least the reasons set forth herein.
`
`At the onset, Applicant would like to thank the Examinerfor indicating that claims 2-12
`
`and 14-16 have allowable subject matter and would beallowed if rewritten in independent form.
`
`Accordingly, claims 2-4 have been rewritten in independent form. Claim 1 has been
`
`cancelled without prejudice. Claim 13 has been amendedfor consistency. Applicant also notes
`
`that claim 14 has been amended.
`
`Claims 1 and 13 were rejected under 35 U.S.C. § 102(e) as allegedly anticipated by
`
`DePietroet al., U.S. Pat. Pub. 2008/0298309.
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`Without acquiescing to the propriety of the rejections or the Examiner’s interpretation of
`
`the cited references, and to expedite prosecution, claims 2-4 were amendedinto independent
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`form. Thus, Applicant submits that the rejection is moot in view of the above-identified
`
`amendment. Withdrawal ofthe rejection is respectfully requested.
`
`Claims 1-10 were rejected based upon a non-statutory obviousness-type double patenting
`
`rejection. The Examinercites U.S. Patent No. 7,535,890 (the ‘890 Patent) in the rejection.
`
`Without acquiescing to the propriety of the rejection, Applicant submits a terminal disclaimer
`
`herewith.
`
`Lastly, Applicant notes that the Examinerfailed to consider one ofthe references cited in
`
`the Information Disclosure Statement. However, the Examinerfailed to provide a reason.
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`Applicant respectfully requests that the Examinerconsider the reference.
`
`H:\work\1732\17188Z\AMEND\17188Z.am1.doc
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`Facebook's Exhibit No. 1006
`Page 6
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`Facebook's Exhibit No. 1006
`Page 6
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`
`
`
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`Based upon the foregoing, Applicant respectfully submits that the applicationis in
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`condition for allowance and henceforth solicits a Notice of Allowability. Should the Examiner
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`feel that a telephoneinterview would expedite the allowance of the application; the Examineris
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`kindly requested to contact the undersigned.
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`Respectfully submitted,
`
`/Seth Weinfeld/
`
`Seth Weinfeld
`Registration No. 50,929
`
`Scully, Scott, Murphy & Presser
`400 Garden City Plaza
`Garden City, New York 11530
`(516) 742-4343
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`SW:reg
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`H:\work\1732\17188Z\AMEND\171882Z.am 1.doc
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`Facebook's Exhibit No. 1006
`Page 7
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`Facebook's Exhibit No. 1006
`Page 7
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`
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