IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton H. Smith
`
`Serial No:
`
`12f398,076
`
`Art Unit:
`
`2614
`
`Filed:
`
`March 4, 2009
`
`Docket:
`
`1?18SZ
`
`For:
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`Conf. No.:
`
`9373
`
`Dated:
`
`February 1, 2012
`
`Commissioner for Patents
`P. 0. Box 1450
`
`Alexandria, VA 22313-1450
`
`AMENDMENT UNDER 37 C.F.R. § 1.111
`
`Remarkst'Arguments begin on page 6.
`
`Amendment to the Claims are reflected in the listing of claims which begins on page 3
`
`in response to the Office Action dated November 1, 201 1, please amend the above-
`
`identified appiieation as follows:
`
`of this paper.
`
`Facebook's Exhibit No. 1006
`Page 1
`
`
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton H. Smith
`
`Serial No:
`
`12f398,076
`
`Art Unit:
`
`2614
`
`Filed:
`
`March 4, 2009
`
`Docket:
`
`1?18SZ
`
`For:
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`Conf. No.:
`
`9373
`
`Dated:
`
`February 1, 2012
`
`Commissioner for Patents
`P. 0. Box 1450
`
`Alexandria, VA 22313-1450
`
`AMENDMENT UNDER 37 C.F.R. § 1.111
`
`Remarkst'Arguments begin on page 6.
`
`Amendment to the Claims are reflected in the listing of claims which begins on page 3
`
`in response to the Office Action dated November 1, 201 1, please amend the above-
`
`identified appiieation as follows:
`
`of this paper.
`
`Facebook's Exhibit No. 1006
`Page 1
`
`
`
`IN THE CLAIMS
`
`This version and listing of the claims, replaces and supercedes, all prior versions and listing
`
`of the claims.
`
`1. (Cancelled)
`
`H‘.\work\| 1232\1 Ti 1 BSZMMENDU 'l' 1 8819."! | .doc
`
`available wherein the instant voice message is temporarily stored when at least one recipient is
`
`2. (Currently Amended) A method for instant voice messaging over a packet-switched network.
`
`the method comprising:
`
`generating [[the]]@ instant voice message, wherein generating includes recording
`
`the instant voice message in an audio file and attaching one or more files to the audio file;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message when a recipient is available; and
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`unavailable.
`
`3.
`
`(Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`receiving a list of nodes within the packet-switched network, the list of nodes
`
`including a connectivity status of each node, said connectivity status being available and
`
`unavailable, wherein a node within the list is adapted to be selected as a recipient of an instant
`
`voice message; [[and]]
`
`displaying said list of nodes;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice messaggwhen a recipient is available; and
`
`Facebook's Exhibit No. 1006
`Page 2
`
`
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`available wherein the instant voice message is temporarily stored when at least one recipient is
`
`unavailable.
`
`4. (Currently Amended) A method for instant voice messaging over a packet-switched networka
`
`the method comprising:
`
`generating [[the]]gp instant voice message; and
`
`controlling a method of generating the instant voice message based upon a
`
`connectivity status gig; etlsaid-ene-er—mere recipient;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message when a recipient is available; and
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`available. wherein the instant voice message is temporarily stored when at least one recipient is
`
`unavailable.
`
`H:\work\i ?32\l 7 | SBZMMENDH Tl 837.3111 1 due
`
`8. (Original) The method for instant voice messaging over a packet-switch network according to
`
`5. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 4, wherein said method of generating said instant voice message is seiected from a group
`
`comprising a record mode and an intercom mode.
`
`6. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said record mode is selected as a default when at least one recipient is
`
`unavailable.
`
`7. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said intercom mode is selected as a default when said one or more recipients are
`
`available.
`
`claim 5, wherein said record mode comprises the steps of:
`
`Facebook's Exhibit No. 1006
`Page 3
`
`
`
`recording the instant voice message;
`
`generating a stop indicator; and
`
`transmitting the recorded instant voice message after the generation of said stop
`
`indicator.
`
`9. (Original) The method for instant voice messaging Over a packet-switch network according to
`
`claim 5, wherein said intercom mode comprises the steps of:
`
`buffering each of a plurality of successive portions of the instant voice as the
`
`instant message is recorded;
`
`transmitting from each successive buffered portion; and
`
`delivering each successive portion to the recipients wherein the recipients audiny
`
`playing each successive portion as it is delivered.
`
`10. (Original) The method for instant voice messaging over a packet-switch network according
`
`to claim 8, wherein said stop indicator is generated after a lapse of a preset period of time
`
`without receiving an audio input.
`
`11. (Original) The method for instant voice messaging over a packet-switch network according
`
`Hz‘iworkil?32\1T1882\AMEN D\1?1882..ami .doc
`
`to claim 8, wherein said stop indicator is generated when a sensor detects that a recording device
`
`is in a predetermined position.
`
`12. (Original) The method for instant voice messaging over a packet-switch network according
`
`to claim 10, further comprising:
`
`detecting an audio input; and
`
`determining when said audio input has stopped.
`
`13.
`
`(Currently Amended) The method for instant voice messaging over a packet-
`
`switch network according to claim [[1]]; further comprising:
`
`displaying an indication that an instant voice message has been received; and
`
`playing the instant voice message.
`
`Facebook's Exhibit No. 1006
`Page 4
`
`
`
`14.
`
`(Currently Amended) The method for instant voice messaging over a packet-
`
`switch network according to claim 2, further comprising:
`
`displaying an indication that an instant voice message has been received;
`
`more files; and
`
`playing the audio tile.
`
`15.
`
`(Original) The method for instant voice messaging over a packet—switch network
`
`according to claim 8, further comprising:
`
`receiving a record start signal.
`
`16.
`
`(Original) The method for instant voice messaging over a packet-switch network
`
`according to claim 15, wherein said record start signal is an audio signal.
`
`separating the instant voice message into [[the]]@ audio file and [[the]] one or
`
`H:\work\| T32“ i" ISSXMMENDH "Fl Salem Ldoc
`
`Facebook's Exhibit No. 1006
`Page 5
`
`
`
`M
`
`Applicant respectfully submits this Amendment in reply to the Official Action dated
`
`November 1, 2012. Applicant submits that the Amendment is fully responsive to the Official
`
`Action for at least the reasons set forth herein.
`
`At the onset, Applicant would like to thank the Examiner for indicating that claims 2-12
`
`and 14-16 have allowable subject matter and would be allowed if rewritten in independent form.
`
`H:\work\l T32“ 7 | SSZ‘AAMEND‘H l 1'] 882.3111 1 .dm:
`
`Accordingly, claims 2-4 have been rewritten in independent form. Claim 1 has been
`
`cancelled without prejudice. Claim 13 has been amended for 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
`
`DePietro et al., US. Pat. Pub. 2008f0298309.
`
`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 amended into independent
`
`form. Thus, Applicant submits that the rejection is moot in View of the above-identified
`
`amendment. Withdrawal of the rejection is respectfiilly requested.
`
`Claims 1-10 were rejected based upon a non-statutory obviousness-type double patenting
`
`rejection. The Examiner cites US. Patent No. 7,53 5,890 (the ‘890 Patent) in the rejection.
`
`Without acquiescing to the propriety of the rej ection, Applicant submits a terminal disclaimer
`
`herewith.
`
`Lastly, Applicant notes that the Examiner failed to consider one of the references cited in
`
`the Information Disclosure Statement. HoWever, the Examiner failed to provide a reason.
`
`Applicant respectfully requests that the Examiner consider the reference.
`
`Facebook's Exhibit No. 1006
`Page 6
`
`
`
`kindly requested to contact the undersigned.
`
`Respectfully submitted,
`
`ESeth Weinf‘eldz’
`
`Seth Weinfeld
`
`Registration No. 50,929
`
`SW:reg
`
`Bascd upon the foregoing, Applicant respectfully submits that the application is in
`
`condition for allowance and henceforth solicits a Notice of Allowability. Should the Examiner
`
`feel that a telephone interview would expedite the allowance of the application; the Examiner is
`
`Scully, Scott, Murphy & Presser
`400 Garden City Plaza
`Garden City, New York 11530
`(516) T424343
`
`H:\work\1 ?32\ [ T 1 SSZ\AMI'END\I 'r‘l 83?..21111 I .doc
`
`Facebook's Exhibit No. 1006
`Page 7
`
`
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