`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`90/014,509
`
`FILING DATE
`
`05/15/2020
`
` APPLICATION NO.
`
`9445251
`
`2525.995REX0
`
`1477
`
`Fabricant LLP
`411 Theodore Fremd Road
`Suite 206 South
`
`HOTALING, JOHN M
`
`3992
`
`MAIL DATE
`
`05/18/2021
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOT.-90A (Rev. 04/07)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0001
`
`WhatsApp LLC
`Exhibit 1026
`Page 0001
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Commissionerfor Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS}
`
`FABRICANT LLP
`
`230 PARK AVENUE. 3FL W.
`
`NEWYORK,NY 10169
`
`EXPARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
`
`REEXAMINATION CONTROL NO. 90/014,509 .
`
`PATENT UNDER REEXAMINATION 9445257 .
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified evparfe reexamination proceeding (87 CFR 1.550(f)).
`
`Wherethis copy is supplied after the reply by requester, 37 CFR 1.535, ar the time for filing a
`reply has passed, no submission on behalf of the ergare reexamination requester will be
`acknowledged or considered (37 CFR 1.550(g)).
`
`PTOL-465 (Rev.07-04)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0002
`
`WhatsApp LLC
`Exhibit 1026
`Page 0002
`
`

`

`Patent Under Reexamination
`Control No.
`9445251
`90/014,509
`Notice ofintent fo Issue
`
`
`Ex Parte Reexamination Certificate\Examiner Art Unit AIA Status
`JOHN M HOTALING II
`3992
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`
`
`
`Primary Examiner, Art Unit 3992 cc: Requester (if third party
`
`( ( ( ( (
`
`1.
`
`.
`.
`
`Prosecution on the merits is (or remains) closed in this exgarve reexamination proceeding. This proceeding is
`subject to reopening at theinitiative of the Office or upon petition. C4 37 CFR 1.313(a). A Certificate will be
`issued in view of
`(a)¥)Patent owner's communication(s) filed: 24 March 2021.
`(b) (J Patent owner'sfailure to file an appropriate timely responseto the Office action mailed:
`(c) C Patent owner'sfailure to timely file an Appeal Brief (87 CFR 41.31).
`(d) (J The decision on appeal by the (J Board of Patent Appeals and Interferences (] Court dated
`(e) CE Other:
`e Reexamination Certificate will indicate the following:
`a) Changein the Specification: 0 Yes
`(No
`b) Change in the Drawing(s):
`(J) Yes
`[No
`c) Status of the Claim(s):
`(1) Patent claim(s) confirmed: 1-35.
`2) Patent claim(s) amended (including dependent on amended claim(s)):
`3) Patent claim(s) canceled:
`.
`4) Newly presented claim(s) patentable:
`.
`Newly presented canceled claims:
`9)
`Patent claim(s) ( previously (J currently disclaimed:
`6)
`(7) Patent claim(s) not subject to reexamination:
`MA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on 24 March 2021.
`Note the attached statementof reasons for patentability and/or confirmation. Any comments considered
`necessary by patent owner regarding reasonsfor patentability and/or confirmation must be submitted prompily
`to avoid processing delays. Such submission(s) should be labeled: "Comments On Statement of Reasons for
`Patentability and/or Confirmation.”
`
`. (Note attached NOTICE OF REFERENCES CITED (PTO-892).
`
`. CJNote attached LIST OF REFERENCESCITED (PTO/SB/08 or PTO/SB/08 substitute).
`
`. {The drawing correction requestfiled on
`
`is: JJapproved (disapproved.
`
`. LJ Acknowledgment is madeofthe priority claim under 35 U.S.C. § 119(a)-(d)or (f).
`a) DQ All
`b) GQ Some*
`c) DJNoneof the certified copies have
`(been received.
`Cjnot been received.
`.
`Lbeenfiled in Application No.
`.
`(been filed in reexamination Control No.
`(beenreceived by the International Bureau in PCT Application No.
`
`
`
`“Certified copies not received:
`
`9. (Note attached Examiner's Amendment.
`
`10. Note attached Interview Summary (PTO-474).
`
`11. Other: .
`
`All correspondencerelating to this reexamination proceeding should be directed to the Central Reexamination
`Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
`/JOHN M HOTALING/
`
`requester
`U.S. Patent and Trademark Office
`PTOL-469 (Rev. 08-13)
`Notice of Intent to Issue Ex Parte Reexamination Certificate
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0003
`
`WhatsApp LLC
`Exhibit 1026
`Page 0003
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 2
`
`NOTICE OF INTENT TO ISSUE EX PARTE REEXAMINATION CERTIFICATE
`
`This Notice of Intent to Issue an Ex Parte Reexamination Certificate (“NIRC”) is
`
`for claims 1-35 of U.S. Pat. No. 9,445,251 to Beyer, Jr. et al. (“the ‘251 Patent”), which
`
`were subject to ex parte reexamination.
`
`This NIRC is in response to Patent Owner’s (“PO’s”) Remarks, Declarations and
`
`Exhibits filed March 24, 2021.
`
`Claims 1-34 are confirmed.
`
`Prior Art References Cited By Requestor
`
`1. U.S. Patent No. 7,353,034 to Haney (“Haney”);
`
`2. U.S. Patent No. 6,868,333 to Melen (“Melen’);
`
`3. US. Patent No. 6,662,016 to Buckham (“Buckham”),
`
`4. U.S. Patent No. 6,040,824 to Maekawa (“Maekawa”):
`
`5. U.S. Patent No. 7,630,724 to Beyer, Jr. et al. (“the ‘724 Patent’)
`
`Response to Arguments
`
`PO’s arguments filed March 24, 2021 have been fully considered. The following
`
`are PO’s main arguments:
`
`1) The ’724 and '728 Patents are incorporated by reference in the ’410
`
`Application and the priority chain remains unbroken from April 17, 2006 to the filing of
`
`the '251 Patent (Remarksat 17);
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0004
`
`WhatsApp LLC
`Exhibit 1026
`Page 0004
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 3
`
`2) Each application in the priority chain of the 251 Patent including the '410
`
`Application, provides sufficient written description support for the claimed inventions of
`
`the '251 Patent (Remarksat 23); and
`
`3) Haneyis not prior art due to the Inventor’s prior invention (Remarksat 65).
`
`The 724 and '728 Patents Are Incorporated By Reference In The ’410 Application and
`
`The Priority Chain Remains Unbroken from April 17, 2006 to the filing of the '251 Patent
`
`(Remarks at 17)
`
`PO argues, “[t]he 410 application (and every other application in the priority
`
`chain) contains an incorporation by reference statement clearly identifying both the ’728
`
`patent and ’724 patent.” Terveen Dec. at 420, “In my opinion, the ‘410 application
`
`incorporates both the ’724 patent, and the 728 patent (attached as Exhibits C and D,
`
`respectively) because the ’410 application states: “Tne method and operation of
`
`communication devices used herein are described in U.S. Pat. No. 7,031,728 whichis
`
`hereby incorporated by reference and U.S. Pat, No. 7,630,724.” A skilled artisan would
`
`understand that there is no ambiguity regarding this incorporation statement. | have
`
`reviewed the MPEP which provides that to show clearintent to incorporate by reference
`
`both patents, the sentence need only (1) identify the roots words “incorporate” and
`
`“reference” and (2) identify the patents. 35 U.S.C, 1.57(c). The sentence incorporating
`
`by reference the "724 patent and ’728 patent includes the required root words and
`
`identifies both patents. | have reviewed the ’410 application and there is no languageto
`
`negate the expressidentification of the ’°724 patent and the 728 patentin the
`
`incorporation-by-reference statement. Given the guidance in the MPEP and the relevant
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0005
`
`WhatsApp LLC
`Exhibit 1026
`Page 0005
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 4
`
`code, a skilled artisan would have understood the incorporation by reference statement
`
`to incorporate both the ’724 Patent and the ”728 Patent into the '410 application.”
`
`Examiner respectfully disagrees.
`
`Incorporation by Reference 37 CFR 1.57 (c)
`
`says, “Except as provided in paragraph (a) or (b) of this section, an incorporation by
`
`reference must be setforth in the specification and must: (1) Express a clear intent to
`
`incorporate by reference by using the root words "incorporat(e)” and "reference"(€.g.,
`
`"incorporate by reference"); and (2) Clearly identify the referenced patent, application,
`
`or publication.”
`
`While PO did expressa clear intent to incorporate by reference by using the root
`
`words "incorporat(e)" and "reference"(e.g., "incorporate by reference"), PO only clearly
`
`identified the ‘728 Patent and did not clearly identify the ‘724 Patent as the referenced
`
`patent. The ‘410 Application specifically says at 1:60-63, “[t]he method and operation of
`
`communication devices used herein are described in U.S. Pat. No. 7,031,728 whichis
`
`hereby incorporated by reference and U.S. Pat. No. 7,630,724.” The sentenceclearly
`
`identifies the ‘728 Patent as the patent to be incorporated by reference asthe intent to
`
`incorporate by reference language immediately follows the identification of the ‘728
`
`Patent and uses the verb “is” to refer back to the single referenced patent’.
`
`In contrast,
`
`
`Last antecedent ralex
`
`a doctrine of interoretation {construction) of statudes that any qualifying words or phrases refer in the language
`immediately preceding the qualifier, unlesa cammon sense shows that llwaa meant to apoly to aomething more
`
`distant of legs oovious. Example: "The commercial vehia
`cense shall not apply to boats, factors, and trucks, with
`only four wheels and under three tons...” then the quahtier “only four wheels and under three tons’ apnlies only to
`trucks and not boats cr tractors.
`
`The Peapie's Law Dictionary, (1981-2008). Gerald N. Hill and Kathleen T. HI. Retrleved April 21 2@ue% fromm
`hitpsuegal-cictionary thefreedictionary cam/lastrantecedentirule
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0006
`
`WhatsApp LLC
`Exhibit 1026
`Page 0006
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 5
`
`no intent to incorporate by reference languagefollows the ‘724 Patent, thereby raising
`
`ambiguity as to whether the ‘724 Patent is incorporated by reference.
`
`On page 16 of the PTAB’s Decision to Institute entered November 7, 2018 in
`
`IPR2018-00819, the PTABindicated:
`
`““TA] patent’s claims are not entitled to an earlier priority date merely because the
`
`patentee claims priority.” /n re NTP, Inc., 654 F.3d 1268, 1276 (Fed. Cir. 2011). “Rather,
`
`for a patent’s claims to be entitled to an earlier priority date, the patentee must
`
`demonstrate that the claims meet the requirements of 35 U.S.C. § 120.” /d. Moreover, to
`
`incorporate by reference in order to satisfy this requirement, “the incorporating
`
`[document] must use language that is express and clear, so as to leave no ambiguity
`
`about the identity of the documentbeing referenced, nor any reasonable doubt about
`
`the fact that the referenced documentis being incorporated.” Northrop GrummanInfo.
`
`Tech., Inc. v. United States, 535 F.3d 1339, 1344 (Fed. Cir. 2008).
`
`Weare not persuaded by Patent Ownerthat the ’410 application incorporates the
`
`'724 patent by reference. We agree with Petitioner that a person of ordinary skill in the
`
`art would have understood that the phrase, “which is hereby incorporated by reference,”
`
`refers only to the immediately preceding '728 patent and doesnot include the 724
`
`patent following it. Patent Owner is responsible for the use of this particular phrasing,
`
`and Patent Owner wasin the best position to clarify any possible ambiguity. Given the
`
`standard that the ’410 application “must use language that is express and clear, so as to
`
`leave no ambiguity about the identity of the document being referenced, nor any
`
`reasonable doubt aboutthe fact that the referenced documentis being incorporated,”
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0007
`
`WhatsApp LLC
`Exhibit 1026
`Page 0007
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 6
`
`we are not persuadedthat the '410 application incorporates the ’724 patent by
`
`reference. Northrop GrummanInfo. Tech., Inc., 535 F.3d at 1344 (emphasis altered).”
`
`Examiner agrees with the sentiments of the PTAB. Further, Examiner does not
`
`find persuasive the argumentfrom the expert testimony that in the incorporation by
`
`reference statement, “is” is referring back to the act of incorporation. (Remarks at 21)
`
`The clause, “which is incorporated by reference,” is an adjective clause used to
`
`describe the noun, the ‘728 Patent?. This issue is an English language issue, not a
`
`technical issue and PO’s argumentis in opposition to English language grammar.
`
`As such PO’s arguments are not found persuasive. Examiner finds the ‘728
`
`Patent to be incorporated by reference and the ‘724 Patent to not be incorporated by
`
`reference.
`
`Each Application in the Priority Chain of the "251 Patent Including the ’410 Application,
`
`Provides Sufficient Written Description Support for the Claimed Inventions of the '251
`
`Patent (Remarksat 23)
`
`PO argues “support for the georeferenced map limitation is set forth (1) in the
`
`’'728 Patent, which discloses geo-referenced maps stored in databases, (2) the server-
`
`based implementations of these databases and maps as expanded by the ’410
`
`application. See Terveen Dec. at 9921-29.” (Remarks at 25)
`
`® Adjective clause:
`its role in a noun phrase, like that of adjectives, is as a modifier of the noun.
`The Concise Oxford Dictionary of Linguistics (2 ed.).
`(2007). P. H. Matthews. Retrieved April 21, 2021 from
`https:/Awww.oxfordreference.com/view/10.1093/acref/9780199202720.001.0001 /acref-9780199202720-e-74
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0008
`
`WhatsApp LLC
`Exhibit 1026
`Page 0008
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 7
`
`The Terveen Dec. points to the ‘728 Patent at 4:25-33, which says, “By using
`
`these soft switches, and hard switches that are part of the cellular phone, the operator
`
`can activate different maps, change map scales, select which fixed entities are desired
`
`to be displayed, display the information concerning the symbol the operator has
`
`touched, initiate phone voice calls, send messages(text, photographs and videos),
`
`enter symbols and information representative of other entities, view the locations and
`
`statuses of the other communications net participants...” ({]24-25) PO also pointed to
`
`the ‘410 application at 7/34, 40 and 46 to show support for georeferenced maps and to
`
`{9-13 to show support for a second server.
`
`Examiner finds this argument persuasive in showing written description support
`
`for multiple georeferenced maps and a second server.
`
`PO argues‘728 Patent has support for “network corresponding to a group”
`
`limitation at 4:39-46. Examiner agrees.
`
`Therefore, these arguments have been fully considered and are found
`
`persuasive. PO has shownthatthereis written description support to the ‘724 Patent
`
`and the ‘251 Patent does benefit from an effective filing date of April 17, 2006.
`
`Haney
`
`Is Not Prior Art Due to The Inventor's Prior Invention (Remarks at 65
`
`PO provides 37 C.F.R. 1.131(a) Declarations from inventors Malcolm L. Beyer,
`
`Jr. and Christopher R. Rice to show prior invention of claims 1-35 of the ‘251 Patent.
`
`Specifically, the Declarations and corresponding Exhibits show conception of the
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0009
`
`WhatsApp LLC
`Exhibit 1026
`Page 0009
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 8
`
`invention prior to Haney’s effective date of April 4, 2005 coupled with due diligence from
`
`prior to April 4, 2005 to reduction to practice in October 2005. (Remarksat 65-84)
`
`Examiner finds the Declarations and corresponding Exhibits effective in swearing
`
`behind the Haney reference.
`
`In summary, Examiner finds the ‘728 Patent to be incorporated by reference and
`
`the ‘724 Patent to not be incorporated by reference in the ‘410 application. PO has
`
`shown that the ‘251 Patent benefits from an effective filing date of April 17, 2006. PO
`
`has also sworn behind the Haneyreference.
`
`Statement of Reasons for Confirmation
`
`Claims 1-35 are confirmed.
`
`The following is an examiner's statement of reasons for patentability and/or
`
`confirmation of the claims found patentable in this reexamination proceeding:
`
`PO’s arguments as discussed above are persuasive in overcoming the previous
`
`prior art rejections. PO has shownthat the ‘251 Patent benefits from an effectivefiling
`
`date of April 17, 2006. PO has also sworn behind the Haney reference. Therefore, the
`
`claims are allowable over the ‘724 Patent and the Haney reference because they are no
`
`longer consideredprior art.
`
`Any comments considered necessary by PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0010
`
`WhatsApp LLC
`Exhibit 1026
`Page 0010
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 9
`
`the patent owner should be labeled: "Comments on Statement of Reasons for
`
`Patentability and/or Confirmation" and will be placed in the reexamination file.
`
`Future Correspondence
`
`If attempts to reach Examiner John Hotaling by telephone at 571-272-4437 are
`
`unsuccessful, the examiner’s supervisor, Michael Fueling, can be reached on 571-272-
`
`1367.
`
`All correspondencerelating to this ex parte reexamination proceeding should be
`directed:
`By Mail to:
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner of Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`By FAXto:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By Hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`Registered users of EFS-Web mayalternatively submit such correspondence via
`the electronic filing system EFS-Web, at
`
`httos://efs. uspto.gov/etile/myportal/efs-registered
`
`EFS-Web offers the benefit of quick submission to the particular area of the
`Office that needs to act on the correspondence. Also, EFS-Web submissions are "soft
`scanned"(i.e., electronically uploaded) directly into the official file for the reexamination
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0011
`
`WhatsApp LLC
`Exhibit 1026
`Page 0011
`
`

`

`Control Number: 90/014,509
`Art Unit: 3992
`
`Page 10
`
`proceeding, which offers parties the opportunity to review the content of their
`submissions after the "soft scanning" process is complete.
`
`Any inquiry concerning this communication should be directed to the Central
`
`Reexamination Unit at (671) 272-7705.
`
`Signed:
`
`JOHN M HOTALING/
`Primary Examiner, Art Unit 3992
`
`Conferees:
`
`/CATHERINE M TARAE/
`Primary Examiner, Art Unit 3992
`
`/ANDREW J. FISCHER/
`Supervisory Patent Reexamination Specialist, Art Unit 3992
`
`Ex Parte Reexamination — Notice of intent to Issue Ex Parte Reexamination Certificate (NIRC)
`
`Part of Paper No. 20210427
`
`WhatsApp LLC
`Exhibit 1026
`Page 0012
`
`WhatsApp LLC
`Exhibit 1026
`Page 0012
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`CLAIMS
`
`A listing ofclaims follows:
`
`1. (Original) A computer-implemented method comprising: withafirst device, receiving a
`
`message from a second device, wherein the messagerelates to joining a group; based on
`
`receiving the message from the second device, participating in the group, wherein participating
`
`in the group includes sending first location information to a server and receiving second location
`
`information from theserver, the first location information comprising a location ofthe first
`
`device, the second location information comprising a plurality of locations ofa respective
`
`plurality of second devices included in the group; presenting, via an interactive display of the
`
`first device, a first interactive, georeferenced map anda plurality of user-selectable symbols
`
`corresponding to the plurality of second devices, wherein the symbols are positioned on the first
`
`georeferenced map at respective positions corresponding to the locations of the second devices,
`
`and wherein the first georeferenced map includes data relating positions on thefirst
`
`georeferenced mapto spatial coordinates; sending, from the first device to the server, a request
`
`for a second georeferenced map different from the first georeferenced map, wherein the request
`
`specifies a map location; receiving, from the server, the second georeferenced map, wherein the
`
`second georeferenced map includes the requested location and data relating positions on the
`
`second georeferenced mapto spatial coordinates; presenting, via the interactive display of the
`
`first device, the second georeferenced mapandthe plurality of user-selectable symbols
`
`correspondingto the plurality of second devices, wherein the symbols are positioned on the
`
`second georeferenced mapat respective positions corresponding to the locations of the second
`
`devices; and identifying user interaction with the interactive display selecting one or more of the
`
`user-selectable symbols corresponding to one or more of the second devices and positioned on
`
`2
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0013
`
`WhatsApp LLC
`Exhibit 1026
`Page 0013
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`the second georeferenced map anduserinteraction with the display specifying an action and,
`
`based thereon, using an Internet Protocol to send data to the one or more second devicesvia the
`
`server, wherein the first device does not have access to respective Internet Protocol addresses of
`
`the second devices.
`
`2. (Original) The method of claim 1, wherein the data includes a short message service message,
`
`a text message, an image, or a video.
`
`3. (Original) The method of claim 1, wherein the first device is a personal digital assistant (PDA)
`
`or a personal computer (PC).
`
`4. (Original) The method of claim 1, wherein the second mapisasatellite image.
`
`5. (Original) The method of claim 1, further comprising sending, by thefirst device, updated
`
`location information comprising an updated location of the first device, the updated location
`
`information being sent based on passage of a predetermined time interval since sending previous
`
`location information comprising a previous location of the first device, displacementofthe first
`
`device by a predetermined distance relative to a previous location of the first device, or both.
`
`6. (Original) The method of claim 1, further comprising identifying second user interaction with
`
`the interactive display selecting at least one of the user-selectable symbols correspondingto at
`
`least one of the second devices and user interaction with the display specifying an action and,
`
`based thereon,initiating a phonecall or phone conference with the at least one second device.
`
`7. (Original) The method of claim 1, wherein the message from the second device is a Short
`
`Message Service (SMS) messageor a text message.
`
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0014
`
`WhatsApp LLC
`Exhibit 1026
`Page 0014
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`8. (Original) The method of claim 1, wherein participating in the group further includes sending
`
`first status information to the server and receiving second status information from the server, the
`
`first status information comprising a battery level of the first device, a signal strength of a
`
`wireless signal of the first device, a status of a Global Positioning Satellite (GPS) receiver of the
`
`first device, or a combination thereof, the second location information comprising a plurality of
`
`battery levels of the respective plurality of second devices included in the group, a plurality of
`
`signal strengths of wireless signals of the respective plurality of second devices included in the
`
`group,a plurality of statuses of GPS receivers of the respective plurality of second devices
`
`included in the group, or a combination thereof.
`
`9. (Original) The method of claim 1, wherein the first device is a smart phone.
`
`10. (Original) The method of claim 1, further comprising: with thefirst device, transmitting a
`
`group identifier associated with a second group, the second group including a second plurality of
`
`second devices; and based on transmitting the group identifier associated with the second group,
`
`participating in the second group, wherein participating in the second groupincludesreceiving
`
`third location information from the server, the third location information comprising a plurality
`
`of locations of the respective second plurality of second devices included in the second group.
`
`11. (Original) The method of claim 1, wherein the data includes a voice recording.
`
`12. (Original) The method of claim 1, further comprising: using a Global Positioning Satellite
`
`(GPS) receiver of the first device to obtain data indicative of the location of the first device,
`
`wherein sending the first location information to the server comprises using the Internet Protocol
`
`(IP) to send thefirst location information to the server.
`
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0015
`
`WhatsApp LLC
`Exhibit 1026
`Page 0015
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`13. (Original) The method of claim 1, further comprising identifying, by the first device, user
`
`interaction with the display selecting a particular user-selectable symbol positioned on the
`
`second georeferenced map and correspondingto a particular second device, wherein identifying
`
`the user interaction selecting the particular user-selectable symbol comprises: detecting user
`
`selection of a portion of the interactive display corresponding to a position on the second
`
`georeferenced map; based at least in part on coordinates of the selected position on the second
`
`georeferenced map and onthe data relating positions on the second georeferenced mapto spatial
`
`coordinates, determining spatial coordinates of a location represented by the selected position on
`
`the second georeferenced map; and identifying the particular user-selectable symbol based, at
`
`least in part, on the spatial coordinates represented by the selected position.
`
`14. (Original) The method of claim 13, wherein identifying the particular user-selectable symbol
`
`based, at least in part, on the spatial coordinates represented by the selected position comprises:
`
`searching a database of entities for an entity located nearest to the spatial coordinates represented
`
`by the selected position, wherein the entities represented by data in the database include the
`
`second devices, wherein the database data include locations of the respective entities, and
`
`wherein the database is searchable by location; and based on a result of searching the database,
`
`identifying the particular second device as the entity located nearest to the spatial coordinates
`
`represented by the selected position, wherein the particular user-selectable symbol corresponds
`
`to the particular second device.
`
`15. (Original) The method of claim 14, wherein the entity is a first entity, and wherein the
`
`method further comprises performing by the first device: receiving user input via user interaction
`
`with the interactive display of the first device, the user input specifying a location and a symbol
`
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0016
`
`WhatsApp LLC
`Exhibit 1026
`Page 0016
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`corresponding to a second entity other than thefirst device and the second devices; and based on
`
`the user input, adding the user-specified symbolto the interactive display at a position on the
`
`second georeferenced map corresponding to the user-specified location of the second entity.
`
`16. (Original) The method of claim 15, further comprising performing bythefirst device:
`
`transmitting the user-specified symbol and location of the second entity to the second devices for
`
`addition of the user-specified symbol to respective interactive displays of the second devices at
`
`respective positions on respective georeferenced maps corresponding to the user-specified
`
`location of the second entity.
`
`17. (Original) The method of claim 16, wherein the user input further specifies information
`
`associated with the second entity, and wherein the method further comprises performing, by the
`
`first device: transmitting the user-specified information associated with the second entity to the
`
`second devices.
`
`18. (Original) The method of claim 17, further comprising performing bythefirst device: adding
`
`data representing the spatial coordinates of the location of the second entity and data representing
`
`the information associated with the second entity to the database.
`
`19. (Original) The method of claim 15, wherein the portion of the interactive displayis a first
`
`portion, wherein the position of the symbol corresponding to the particular second deviceis a
`
`first position, and wherein receiving the user input specifying the location of the second entity
`
`comprises: detecting user selection of a second portion of the interactive display corresponding
`
`to a second position on the second georeferenced map; and based at least in part on coordinates
`
`of the second position on the second georeferenced map andonthe data relating positions on the
`
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0017
`
`WhatsApp LLC
`Exhibit 1026
`Page 0017
`
`

`

`Attorney Docket No. 2525.995REX0O
`Control No.: 90/014,509 (Re-exam of U.S. Patent No. 9,445,251)
`
`second georeferenced mapto spatial coordinates, determining spatial coordinates of a location
`
`represented by the second position on the second georeferenced map, wherein the location
`
`represented by the second position is the location of the secondentity.
`
`20. (Original) The method of claim 14, wherein the database is stored on thefirst device.
`
`21. (Original) The method of claim 14, wherein the database is stored on the server.
`
`22. (Original) The method of claim 1, wherein the spatial coordinates comprise latitude and
`
`longitude coordinates.
`
`23. (Original) The method of claim 1, further comprising performing, by the first device:
`
`identifying user interaction with the interactive display selecting a particular user-selectable
`
`symbol corresponding to a particular second device and user interaction with the display
`
`specifying an action and, based thereon, initiating voice-over-IP (VOIP) communication with the
`
`particular second device.
`
`24. (Original) A system comprising:afirst device programmed to perform operations
`
`comprising: receiving a message from a second device, wherein the messagerelates to joining a
`
`group; based on receiving the message from the second device, participating in the group,
`
`wherein participating in the group includes sending first location information to a server and
`
`receiving second location information from the server, the first location information comprising
`
`a location ofthe first device, the second location information comprising a plurality of locations
`
`of a respective plurality of second devices included in the group; presenting, via an interactive
`
`display of the first device, a first interactive, georeferenced map anda plurality of user-selectable
`
`symbols corresponding to the plurality of second devices, wherein the symbols are positioned on
`
`7
`Document Subject to Protective Order in Case No. 2:19-cv-361 (E.D.Tex.)
`
`WhatsApp LLC
`Exhibit 1026
`Page 0018
`
`WhatsApp LLC
`Exhibit 1026
`Page 0018
`
`

`

`A