Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 1 of 20 PageID #: 6127
`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 1 of 20 PageID #: 6127
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`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 2 of 20 PageID #: 6128
`
`Docket No.: MOC-005
`(PATENT)
`
`INTHE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Named Inventor:
`Malcolm K. Beyer, Jr.
`
`Application No.: 14/633,804
`
`Confirmation No.: 8573
`
`Filed: February 27, 2015
`
`For: METHOD TO PROVIDE AD HOC AND
`PASSWORD PROTECTED DIGITAL AND
`VOICE NETWORKS
`
`Art Unit: 2646
`
`Examiner: O. Obayanju
`
`AMENDMENT FILED WITH REQUEST FOR CONTINUED EXAMINATION 1RCE)
`
`Mail Stop RCE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`INTRODUCTORY COMMENTS
`
`Inresponse to the Final Office Action dated December 10, 2015, please amend the
`above-identified U.S. patent application as follows:
`
`Amendments to the Claims are reflected inthe listing of claims which begins on
`page 2 of this paper.
`
`Remarks/Arguments begin on page 8 of this paper.
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 3 of 20 PageID #: 6129
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`2
`
`Docket No.: MOC-005
`
`AMENDMENTS TO THE CTATMS
`
`This listing of claims replaces all prior versions and listings of claims inthe application:
`
`Listing of Claims
`
`1.
`
`(Currently amended) A computer-implemented method comprising:
`with a first device, receiving a message from a second device, wherein the message
`relates to joining a group;
`based on receiving the message from the second device, participating in the group,
`wherein participating inthe group includes sending first location information to a server and
`receiving second location information from the server, the first location information comprising
`a location of the 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, an interactive map comprising a
`plurality of user-selectable symbols corresponding to the plurality of second devices, wherein the
`symbols are positioned on the map at respective positions corresponding to the locations of the
`second devices; and
`identifying user interaction with the interactive map selecting one or more of the user-
`selectable symbols corresponding to one or more of the second devices and user interaction with
`the display specifying an action and, based thereon, sending using an Internet Protocol to send
`data to the one or more second devices via the server,
`wherein the first device does not have access to respective Internet Protocol addresses of
`the second devices.
`
`2.
`
`(Previously presented) The method of claim 1, wherein the data includes a short message
`service message, a text message, an image, or a video.
`
`3-7.
`
`(Canceled)
`
`8.
`
`(Previously presented) The method of claim 1, wherein the first device is a personal
`digital assistant (PDA) or a personal computer (PC).
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 4 of 20 PageID #: 6130
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`3
`
`Docket No.: MOC-005
`
`9.
`
`(Previously presented) The method of claim 1, further comprising:
`sending, from the first device, a request for a second map, wherein the request specifies a
`map location; and
`receiving, from the server, the second map.
`
`10.
`
`(Canceled)
`
`11.
`
`(Previously presented) The method of claim 1, wherein the map is a satellite image.
`
`(Previously presented) The method of claim 1, further comprising sending, by the first
`12.
`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,
`displacement of the first device by a predetermined distance relative to a previous location of the
`first device, or both.
`
`13.
`
`(Currently amended) A system comprising:
`a first device programmed to perform operations comprising:
`receiving a message from a second device, wherein the message relates 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 of the 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, an interactive map
`comprising a plurality of user-selectable symbols corresponding to the plurality of second
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 5 of 20 PageID #: 6131
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`4
`
`Docket No.: MOC-005
`
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the locations of the second devices; and
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interaction with the display specifying an action and, based thereon, sending using an
`Internet Protocol to send data to the one or more second devices via the server,
`wherein the first device does not have access to respective Internet Protocol
`
`addresses of the second devices.
`
`(Previously presented) The system of claim 13, wherein the data includes a short message
`14.
`service message, a text message, an image, or a video.
`
`15-19. (Canceled)
`
`20.
`
`(Previously presented) The system of claim 13, wherein the first device is a personal
`digital assistant (PDA) or a personal computer (PC).
`
`21.
`
`(Previously presented) The system of claim 13, wherein the operations further comprise:
`sending a request for a second map, wherein the request specifies a map location; and
`receiving, from the server, the second map.
`
`22.
`
`(Canceled)
`
`23.
`
`(Previously presented) The system of claim 13, wherein the map is a satellite image.
`
`(Previously presented) The system of claim 13, wherein the operations further comprise
`24.
`sending 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,
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 6 of 20 PageID #: 6132
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`5
`
`Docket No.: MOC-005
`
`displacement of the first device by a predetermined distance relative to a previous location of the
`first device, or both.
`
`25-30. (Canceled)
`
`3 1.
`
`(Previously presented) The method of claim 1, further comprising identifying second user
`interaction with the interactive map selecting at least one of the user-selectable symbols
`corresponding to at least one of the second devices and user interaction with the display
`specifying an action and, based thereon, initiating a phone call or phone conference with the at
`least one second device.
`
`32.
`
`(Previously presented) The method of claim 1, wherein the message from the second
`device is a Short Message Service (SMS) message or a text message.
`
`33.
`
`(Previously presented) The method of claim 1, wherein participating inthe 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 and/or a
`signal strength of a wireless signal of the first device, the second location information
`comprising a plurality of battery levels of the respective plurality of second devices included in
`the group and/or a plurality of signal strengths of wireless signals of the respective plurality of
`second devices included in the group.
`
`34.
`
`(Previously presented) The method of claim 1, wherein the first device is a smart phone.
`
`35.
`
`(Previously presented) The method of claim 1, further comprising:
`with the first 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
`
`inthe second group, wherein participating inthe second group includes receiving third location
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 7 of 20 PageID #: 6133
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`6
`
`Docket No.: MOC-005
`
`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.
`
`36.
`
`(Previously presented) The method of claim 1, wherein the data includes a voice
`recording.
`
`37.
`
`(Previously presented) The system of claim 13, wherein the operations further comprise
`identifying second user interaction with the interactive map selecting at least one of the user-
`selectable symbols corresponding to at least one of the second devices and user interaction with
`the display specifying an action and, based thereon, initiating a phone call or phone conference
`with the at least one second device.
`
`38.
`
`(Previously presented) The system of claim 13, wherein the message from the second
`device is a Short Message Service (SMS) message or a text message.
`
`39.
`
`(Previously presented) The system of claim 13, wherein participating inthe 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 and/or a
`signal strength of a wireless signal of the first device, the second location information
`comprising a plurality of battery levels of the respective plurality of second devices included in
`the group and/or a plurality of signal strengths of wireless signals of the respective plurality of
`second devices included in the group.
`
`40.
`
`(Previously presented) The system of claim 13, wherein the first device is a smart phone.
`
`41.
`
`(Previously presented) The system of claim 13, wherein the operations further include:
`with the first 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
`inthe second group, wherein participating inthe second group includes receiving third location
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 8 of 20 PageID #: 6134
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`7
`
`Docket No.: MOC-005
`
`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.
`
`(Previously presented) The system of claim 13, wherein the data includes a voice
`42.
`recording.
`
`43.
`
`(New) 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 the first location information to the server.
`
`(New) The system of claim 13, wherein the first device includes a Global Positioning
`44.
`Satellite (GPS) receiver, and wherein the operations further include: using the GPS receiver 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 the first location
`information to the server.
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 9 of 20 PageID #: 6135
`
`Docket No.: MOC-005
`(PATENT)
`
`INTHE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Named Inventor:
`Malcolm K. Beyer, Jr.
`
`Application No.: 14/633,804
`
`Confirmation No.: 8573
`
`Filed: February 27, 2015
`
`Art Unit: 2646
`
`For: Method to Provide Ad Hoc and Password
`Protected Digital and Voice Networks_
`
`Examiner: O. Obayanju
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PROPOSED INTERVIEW AGENDA
`Applicant thanks Examiner Obayanju for agreeing to conduct a telephone interview with
`Applicant's undersigned representative (Daniel J. Burns) and Applicant's attorney (Samuel S.
`Stone) on January 21, 2016 at 3:00 PMEST. During the interview, the participants would
`appreciate discussing the rejection of claim 1 as purportedly being anticipated by Melen. In
`particular, the participants would appreciate discussing how the Examiner is interpreting Melen
`as purportedly teaching the portion of claim 1that recites
`with a first device, receiving a message from a second device, wherein
`the message relates to joining a group;
`based on receiving the message from the second device, participating in
`the group, wherein participating inthe group includes sending first location
`information to a server and receiving second location information from the
`server. (Emphasis added.)
`
`During the interview, the participants may refer to the following portions of Melen:
`(cid:127) Melen appears to describe a system that "enables its user to establish a group with
`which to interact while simultaneously tracking the location of the vehicle navigation
`systems in the group" (Melen, paragraph [0010]).
`(cid:127) Melen appears to describe two implementations of a group interaction system 100.
`See #100a and #100b inFIGS. 1A and IB of Melen.
`
`ACTIVE/84832758.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 10 of 20 PageID #: 6136
`
`Application No.: 14/940,485
`
`2
`
`Docket No.: COI-004
`
`The first "group interaction system 100a establishes the group of members for
`wireless communication or other types of interaction using various methods such as
`those described in FIGS. 6A and 6B. For example, the group may be established in
`the navigation systems 300a, 300b, 300c by manual input by its users. The group may
`also be input and stored on a web server (not shown) on the Internet 112 and
`downloaded from the web site to the vehicle network server 102 via wired data
`communication 120. The vehicle network server 102 in turn provides the group
`information to the respective navigation systems 300a, 300b, 300c via the
`communications service provider 104a." (Melen, paragraph [0031].) Also, inthe first
`system 100a, "all communication or interaction among the selected members [of a
`group] is accomplished through [a] vehicle network server 102" (Melen, paragraph
`[0027]).
`According to Melen, "[in] contrast to the group interaction system 100a shown in
`FIG. 1A that uses a vehicle network server 102, the group interaction system 100b in
`FIG. IB is modified to be a peer-to-peer system enabling wireless communication
`without the use of a vehicle network server 102" (Melen, paragraph [0034]). Melen
`further states, the "navigation systems 300d, 300e, 300f [of system 100b] are different
`from the navigation systems 300a, 300b, 300c in FIG. 1A, in that they are capable of
`establishing groups of members and communicating wirelessly with other navigation
`systems without the use of a vehicle network server. That is, the navigation systems
`300d, 300e, 300f are capable peer-to-peer wireless communication 140, 146, 150
`among selected members within the group without the use of a vehicle network
`server." (Melen, paragraph [0036].) According to Melen, the system 100b
`"establishes the enabled group for wireless communication or other types of
`interaction using various methods such as those described in FIGS. 6A and 6B. For
`example, the group may be established in the navigation systems 300d, 300e, 300f by
`manual input by its users." (Melen, paragraph [0041].)
`InFIG. 5, Melen illustrates a method for interacting with members of a group (Melen,
`paragraph [0068]). The method includes a step 504 inwhich a group of members is
`established (Melen, paragraph [0068]). Melen appears to describe two
`implementations of the step 504 for establishing groups. See 504a and 504b inFIGS.
`6A and 6B.
`(cid:127) Melen's step 504a for establishing groups is illustrated in FIG. 6A and described in
`paragraphs [0071] and [0072], "The step 504a of FIG. 6A establishes the group of
`members by cooperation of the vehicle navigation system 300a and the vehicle
`network server 102 and is used with the group interaction system 100a described in
`FIG. IB" (Melen, paragraph [0071]). In step 504a, the "vehicle navigation system
`300a transmits [a] selection of group members to the vehicle network server 102,"
`and the "vehicle network server 102 establishes 608 communications with the
`selected group members and requests 610 each selected member for permission to
`add the member to the group" (Melen, paragraph [0072]).
`(cid:127) Melen's step 504b for establishing groups is illustrated in FIG. 6B and described in
`paragraphs [0073] and [0074], "The step 504b of FIG. 6B establishes the group of
`ACTIVE/84832758.1
`
`(cid:127)
`(cid:127)
`(cid:127)
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 11 of 20 PageID #: 6137
`
`Application No.: 14/940,485
`
`3
`
`Docket No.: COI-004
`
`members inthe vehicle network server 102 using information downloaded from an
`external source and downloads the group information to the vehicle navigation
`systems 300a" (Melen, paragraph [0073]).
`(cid:127) Melen describes other techniques for establishing a group in paragraph [0075],
`
`Dated: January 20. 2016
`
`Respectfully submitted,
`
`Electronic signature: /Daniel J. Burns/
`Daniel J. Burns
`RegistrationNo.: 50,222
`GOODWIN PROCTER LLP
`(650) 752-3100
`
`ACTIVE/84832758.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 12 of 20 PageID #: 6138
`
`Moores, Michael
`
`To:
`Subject:
`
`Burns, Dan
`RE: Proposed Interview Agenda for U.S. App. No. 14/633,804
`
`From: Stone, Samuel S.
`Sent: Wednesday, January 20, 2016 10:20 PM
`To: omoniyi.obayanju(g)uspfo.gov
`Cc: Burns, Dan
`Subject: Proposed Interview Agenda for U.S. App. No. 14/633,804
`
`Dear Examiner Obayanju,
`
`Thank you for your courtesy in granting a telephone interview today (Thursday, January 21, 2016), in Application Serial
`No. 14/633,804. A proposed agenda for the interview is attached.
`
`Regards,
`Sam
`
`Sent by Samuel S. Stone on behalf of:
`
`Daniel J. Burns
`Goodwin Procter llp
`T: (650) 752-3100
`dburns@goodvvinprocter.com
`
`l
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 13 of 20 PageID #: 6139
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`8
`
`Docket No.: MOC-005
`
`REMARKS
`
`Administrative Overview
`Prior to the Office Action of December 10, 2015, claims 1-2, 5, 8-14, 17, 20-24, and 31-
`42 were pending. Inthe Office Action:
`
`claims 9, 12, 21, 24, 35, and 41 were rejected under 35 U.S.C. § 112 as purportedly
`failing to comply with the written description requirement;
`
`claims 1, 2, 9, 13, 14, 21, 31, 32, 34-38, and 40-42 were rejected under 35 U.S.C.
`§ 102 as purportedly being anticipated by U.S. Pub. No. 2004/0148090 ("Melen");
`
`claims 8, 11, 20, and 23 were rejected under 35 U.S.C. § 103 as purportedly being
`obvious over Melen in view of U.S. Pub. No. 2006/0047825 ("Steenstra");
`
`claims 5, 10, 17, and 22 were rejected under 35 U.S.C. § 103 as purportedly being
`obvious over Melen in view of U.S. Patent No. 8,014,763 ("Hymes");
`
`claims 12 and 24 were rejected under 35 U.S.C. § 103 as purportedly being obvious
`over Melen inview of U.S. Pub. No. 2004/0252050 ("Tengler"); and
`
`claims 33 and 39 were rejected under 35 U.S.C. § 103 as purportedly being obvious
`over Melen in view of U.S. Pub. No. 2005/0130666 ("Levy").
`Inthe present Amendment, claims 5, 10, 17, and 22 are canceled without prejudice or
`disclaimer. Claims 1 and 13 are amended to recite the subject matter of previously-pending
`claims 10 and 22, respectively, and are further amended to recite "using an Internet Protocol to
`send data." Claims 43 and 44 are added.
`No new matter is added. Support for the claim amendments can be found, for example, in
`U.S. Patent No. 7,630,724 (e.g., in col. 10:57 - col. 11:15, col. 12:63 - col. 13:26; and col. 16:42-
`59). Support for the new claims can be found, for example, inthe '724 patent (e.g., in col. 4:52-
`65). It is noted that the '724 patent was incorporated by reference into the present application at
`the time of the present application's filing.
`
`Applicability of Post-AIA Provisions of the Patent Laws to the Present Application
`The Office Action (p. 2) states that "[t]he present application is being examined under the
`pre-AIA first to invent provisions" of the patent laws. For the reasons stated inthe Response
`
`ACTIVE/84854759.1
`
`(cid:127)
`(cid:127)
`(cid:127)
`(cid:127)
`(cid:127)
`(cid:127)
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 14 of 20 PageID #: 6140
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`9
`
`Docket No.: MOC-005
`
`filed on November 13, 2015, it is understood that the present application will be examined under
`the post-AIA, first-to-file provisions of the patent laws.
`
`Interview Summary
`Applicant thanks Examiner Obayanju for conducting a telephonic interview on January
`21, 2016. The participants included Examiner Obayanju, Applicant's undersigned representative
`(Daniel J. Burns), and Applicant's attorney (Samuel S. Stone). The interview was held pursuant
`to a Proposed Interview Agenda that was emailed to the Examiner on January 21, 2016. Copies
`of the Interview Agenda and the email message are submitted herewith. A summary of the
`interview is provided below.
`During the interview, the participants discussed the rejections of claims 1 and 32 under
`35 U.S.C. § 102 as purportedly being anticipated by Melen. Applicant's representatives referred
`to the portions of Melen identified inthe Proposed Interview Agenda, and pointed out that those
`portions of Melen do not teach or suggest the limitations of claim 1, nor the limitations of claim
`32. No agreement was reached with respect to claim 1. Regarding claim 32, the Examiner agreed
`that the claim was not anticipated by Melen.
`
`Claim Rejections Under 35 U.S.C. § 112
`Claims 9, 12, 21, 24, 35, and 41 were rejected under 35 U.S.C. § 112 as purportedly
`failing to comply with the written description requirement. Reconsideration is respectfully
`requested. Since the application describes the subject matter of each of the claims in sufficient
`detail that one of ordinary skill in the art can reasonably conclude that the inventors had
`possession of the claimed subject matter at the time of the application's filing, each of the claims
`satisfies the written description requirement.
`Inparticular, the Office Action alleges that there is insufficient written description
`support for sending "a request for a second map, wherein the request specifies a map location,"
`as recited in claims 9 and 21. Support for the subject matter of claims 9 and 21 is found, for
`example, inU.S. Patent No. 7,630,724, which was incorporated by reference into the present
`application at the time of the present application's filing. For example, the '724 patent states that
`"[t]he cell phone device application software, however, can also provide the user the ability to
`
`ACTIVE/84854759.1
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`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 15 of 20 PageID #: 6141
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`10
`
`Docket No.: MOC-005
`
`request a specific geo-referenced map or chart, aerial photograph or satellite image from a
`remote image server by pointing at the specific location desired for the map" ('724 patent, col.
`18:57 - col. 19:7). Based on at least the foregoing passage of the '724 patent, one of ordinary
`skill inthe art can reasonably conclude that the inventors had possession of the subject matter of
`claims 9 and 21. Accordingly, withdrawal of the rejections of claims 9 and 21 under 35 U.S.C.
`§ 112 is respectfully requested.
`Inaddition, the Office Action alleges that there is insufficient written description support
`for sending "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,
`displacement of the first device by a predetermined distance relative to a previous location of the
`first device, or both," as recited in claims 12 and 24. Support for the subject matter of claims 12
`and 24 is found, for example, inU.S. Patent No. 7,630,724, which, as noted above, was
`incorporated by reference into the present application at the time of the application's filing. The
`'724 patent describes:
`
`. . . an integrated communications system using a plurality of cellular/PDA/
`GPS phones for the management of a group of people through the use of a
`communications net and, specifically, to provide each user with a cellular/PDA/
`GPS/phone that has software application programs and databases that permit all
`the users to continuously know each other's locations and status, to rapidly call
`and communicate voice, high speed internet data, photographs and video clips
`among the users by touching display screen symbols and to enable the users to
`easily access data concerning other users and other database information. ('724
`patent, col. 1:6-17.)
`
`A plurality of cellular phone/WiFi/PDA/GPS devices each having application
`software and databases to provide a communication network having: a) the
`ability to selectively poll each of the other PDA/GPS phone devices with each
`participant to start reporting its position and status information directly to all or
`selected users equipped with the same cellular phone/PDA communication/ GPS
`devices in the communications net so that each of the devices that the data is
`transmitted to is provided a display of the location, status and other information of
`the other users; b) the ability of each of the cellular phone/PDA devices to
`report to another device at an operator selected time rate or at a rate based
`on distance traveled ....('724 patent, col. 2:48-60.)
`
`The present cell phone/PDA/GPS device to create the communication network
`wherein all of the participants have the same communication device described
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 16 of 20 PageID #: 6142
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`11
`
`Docket No.: MOC-005
`
`herein also includes the ability of a specific operator device to provide polling in
`which other cellular phones using SMS, internet or WiFi report periodically
`based on criteria such as time, speed, distance traveled, or a combination of a
`time, speed and distance traveled. The operator can manually poll any or all of
`the cell phone devices that are used by all of the participants in the
`communication network having the same device as described herein for the
`invention. The receiving cellular phone application code responds to the polling
`device with the receiving cellular phone's location and status which could include
`battery level, GPS status, signal strength and entered track data. Optionally, the
`phone operators can set their phones to report automatically, based on time
`or distance traveled intervals or another criteria. ('724 patent, col. 9:31-47.)
`
`Based on at least the foregoing passages of the '724 patent, one of ordinary skill inthe art
`can reasonably conclude that the inventors had possession of the subject matter of claims 12 and
`24. Accordingly, withdrawal of the rejections of claims 12 and 24 under 35 U.S.C. § 112 is
`
`respectfully requested.
`Inaddition, the Office Action alleges that there is insufficient written description support
`for "with the first 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 group includes receiving third location information from the server,
`the third location information comprising a plurality of locations of the respective second
`plurality of second devices included inthe second group," as recited in claims 35 and 41.
`Support for the subject matter of claims 35 and 41 is found, for example, in U.S. Patent No.
`7,630,724, which, as noted above, was incorporated by reference into the present application at
`the time of the application's filing. For example, the '724 patent states that "[tjhere are several
`ways that the network can be established including: ... for each phone to have a group
`identification that is transmitted in its initial message which relates it to a particular group who
`are their own net, only those with that identifier (i.e. singles, coin collectors, etc.) are permitted
`to join that net" ('724 patent, col. 14:60-61 and col. 15:10-15). Based on at least the foregoing
`passages of the '724 patent, one of ordinary skill inthe art can reasonably conclude that the
`inventors had possession of the subject matter of claims 35 and 41. Accordingly, withdrawal of
`the rejections of claims 35 and 41 under 35 U.S.C. § 112 is respectfully requested.
`
`ACTIVE/84854759.1
`
`

`

`Case 2:17-cv-00513-JRG Document 164-16 Filed 07/25/18 Page 17 of 20 PageID #: 6143
`
`ApplicationNo. 14/633,804
`Reply to Office Action of December 10, 2015
`
`12
`
`Docket No.: MOC-005
`
`Claim Rejections Under 35 U.S.C. §§ 102 and 103
`Inthe Office Action, independent claims 1and 13 were rejected under 35 U.S.C. § 102 as
`purportedly being anticipated by Melen, and previously-pending dependent claims 10 and 22
`were rejected under 35 U.S.C. § 103 as purportedly being obvious over Melen in view of Hymes.
`Without acceding to the rejections, claims 1and 13 are amended to recite the subject matter of
`previously-pending claims 10 and 22, respectively, and are further amended to recite "using an
`Internet Protocol to send data." The rejections of claims 10 and 22 are respectfully traversed as
`applied to claims 1 and 13, as amended. Even assuming (without conceding) that Melen and
`Hymes could have been properly combined, the proposed combination of Melen and Hymes
`does not teach or suggest all the limitations of any of the claims.
`
`I.
`
`Independent Claim 1 and the Claims Depending Therefrom
`As amended, independent claim 1is directed to a method comprising:
`with a first device, receiving a message from a second device, wherein the
`message relates 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 of the 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, an interactive map
`comprising a plurality of user-selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the locations of the second devices; and
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interaction with the display specifying an action and, based thereon, using an Internet
`protocol to send data to the one or more second devices via the server.
`
`wherein the first device does not have access to respective Internet Protocol
`addresses of the second devices. (Emphasis added.)
`
`Melen does not teach at least "with a first device, . . . using an Internet protocol to send
`data to the one or more second devices via the server, wherein the first device does not have
`access to respective Internet Protocol addresses of the second devices," as recited in claim 1.
`Melen describes "vehicle navigation systems" that are said to be "capable of communic