Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 1 of 15 PageID #: 6481
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 1 of 15 PageID #: 6481
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`EXHIBIT K
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`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 2 of 15 PageID #: 6482
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 2 of 15 PageID #: 6482
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 10963.3809
`PATENT
`
`) )
`
`In re application of: BEYER, JR., Malcolm K.
`
`Serial N0.: 11/615,472
`
`) Confirmation N0.: 1937
`
`Filed: December 22, 2006
`
`)
`
`) Group Art Unit: 2617
`)
`
`Examiner: OBAYANJU, Omoniyi
`
`)
`)
`
`) )
`
`For: METHOD OF ESTABLISHING A CELL
`PHONE NETWORK OF PARTICIPANTS
`
`WITH A COMMON INTEREST
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`February 23, 2011
`
`Filed Electronically
`
`W
`
`Dear Sir:
`
`In response to the Office Action dated October 27, 2010, please amend the above
`
`referenced patent application as follows and consider the remarks below. Applicant hereby
`
`submits a petition for a one—month extension of time, thereby extending the time to respond to
`
`February 27, 2011. The Commissioner is authorized to charge any additional fees due or credit
`
`any overpayment to Deposit Account 13—1130.
`
`Please add new Claims 7 — 10 and amend the Claims 2 - 6 as shown on pages 2 — 8.
`
`Remarks begin on page 9.
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 3 of 15 PageID #: 6483
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 3 of 15 PageID #: 6483
`
`Application No.: 11/615,472
`Attorney Docket No.: 109633809
`PATENT
`
`CLAIM AMENDMENTS
`
`Please amend the claims (striket—hreugh indicating deletion and underline indicating
`
`insertion) as follows:
`
`1 .
`
`2.
`
`(Cancelled)
`
`(Currently amended) A method of communicating among a group of participants
`
`each having a PDA or Smart cell phone having a touch display screen, an associated GPS and
`
`Advanced Communications Software (ACS) allowing all cell phone users to exchange data
`
`
`through a remote server comprising the steps of establishing a network of participants who
`
`exchange and display identity,
`
`location, status and, optionally, personal data; establishing a
`
`polling network of said participants; each participant of said network having a PDA display
`
`smbol on the PDA display screen representing each specific participant in the network; using a
`
`remote server to automatically send data displaying all polled participant’ s geographical locations
`
`on each PDA participant’s display screen continuously in real
`
`time automatically once a
`
`participant has been identified to said remote server; and eemmanding—and—mveluneaflly—feremg
`
`displaying geographical information in real time of any other network participants whose phone
`
`numbers have been previously entered in a database on each phone or on the server to commence
`
`reporting on the network and to receive data from all active network participants on the network.
`
`3.
`
`(Currently amended) A method as in Claim 2, including the step of:
`
`providing an all report network where each network participant starts reporting on the
`
`network upon activation and commences to automatically be displayed in real time and receive
`
`data from all active network participants on the network and once activated,
`
`foreing
`
`2
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 4 of 15 PageID #: 6484
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 4 of 15 PageID #: 6484
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`automatically causing all report network participants to display the data from all other network
`
`participants showing geographical information regarding each participant on the screen in real
`
`m.
`
`4.
`
`(Currently amended) A method as in claim 2, including the step of:
`
`providing a common interest network where each network participant is automatically
`
`displayed on the PDA screen of each participant and reports to all others who have identified
`
`themselves as having a common interest or are members of a particular type of organization and
`
`ferei—ng automatically causing all network participants to display the other network participants’
`
`data by smbol on the PDA display screen of each identified participant.
`
`5.
`
`(Currently amended) A method as in claim 2, including the step of:
`
`providing a friends and family network such that each network participant only exchanges
`
`data automatically with those friends or family members whose phone numbers or IP addresses
`
`have been previously entered in a database on each phone or on the server, and upon the
`
`participants sending its data to the server, fereing causing automatically all ethers other family
`
`members who have activated the ACS software to display the network participants’ geographical
`
`location in real time data on the display screen of each FDA.
`
`6.
`
`(Currently amended) A method for establishing totally anonymous voice and data
`
`communications among a group of participants each desiring to establish a social contact with a
`
`heretofore unknown person for dating or other purposes that includes the use of a network of
`
`ACS software—programs enabled PDA or Smart cell phones having a GPS and 800 number
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 5 of 15 PageID #: 6485
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 5 of 15 PageID #: 6485
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`bridging application software and a server with ACS seftware—pregram whose function is to
`
`establish a network of the cell phones comprising the steps of:
`
`a.
`
`providing a network of participants each having a specific cell phone with
`
`the appropriate communication software for establishing dating contacts using the cell phone;
`
`a1.
`
`
`providing a remote ser—ver with ACS seftware—pregram—establ—is—hing E
`
`server that establishes a network of said participants cell phones fer—establishmg—d—ating—eentaets
`
`by receiving and retransmitting location, status, identity, and dating information between network
`
`participants;
`
`b.
`
`beating—and communicating with ether network participants who wish to
`
`be joined in the dating process using the cell phones;
`
`c.
`
`providing in each cell phone a menu for entering personal data of the cell
`
`phone user including personality information such as buHaet—limited—te: dating name (which need
`
`not be the person’s real name), age, seX, race, marital status and interest areas, each of which may
`
`have its own assigned symbol type and / or color;
`
`d. providing each cell phone a menu for entering personal dating selection criteria
`
`of the type of person desired, including but not limited to such information as age, sex, race,
`
`interest area, and marital status;
`
`6.
`
`causing
`
`the
`
`operator’s
`
`geo—referenced map
`
`symbol
`
`to
`
`appear
`
`geegraphieal—l—y superimposed on the display map of the PDA cell phone which is then
`
`continuously and automatically sent
`
`in real
`
`time to the remote private ACS 1P server for
`
`retransmission te—et-her—partrerpants—rn—t—he—neéwerled—aemg—greup;
`
`4
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 6 of 15 PageID #: 6486
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 6 of 15 PageID #: 6486
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`f.
`
`
`having members of the network participants transmit location status and
`
`personal
`
`information to other network participants for—display—en—eaeh—ef—t—he—eel—l—phene
`
`parfieipantis—display—sereen-s according to time period or distance travelled to a remote private
`
`ACS 1P server for retransmission to each network participant for display on each of the cell
`
`phone participants’ display screens as geo—referenced map symbols;
`
`g.
`
`foreing automatically causing other members with ACS software to
`
`receive and process and update the location, status and identity the data when the data is
`
`received, while providing a selection process whereby each user can choose to display only those
`
`symbols that meet his or her dating criteria;
`
`h.
`
`placing totally anonymous voice calls or sending anonymous data between
`
`the two parties by touching their symbol on the screen and selecting the appropriate soft switch
`
`whereby the parties may converse vocally by cell phone messages, photographs, video or; and
`
`i.
`
`enabling the remote private ACS 1P server to compare dating desires and
`
`to a cause compatible ACS PDA to display a modifier around symbols that meet the PDA’s
`
`dating reguirements; and
`
`\
`
`i—.j_.
`
`blocking voice calls, messages, photographs, video or from designated
`
`parties.
`
`7.
`
`(New) A method of communicating among a group of participants that are polled
`
`to commence continuous and automatic reporting, each having a PDA or Smart cell phone
`
`having a touch display screen, an associated GPS and Advanced Communications Software
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 7 of 15 PageID #: 6487
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 7 of 15 PageID #: 6487
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`(ACS) allowing all cell phone users to exchange data through a remote server comprising the
`
`steps of:
`
`establishing a network of participants who exchange and display identity, location, status
`
`and, optionally, personal data; establishing a polling network of said participants, each
`
`participant of said network having ACS loaded on the participant’s PDA along with a display of
`
`geo—referenced map screen symbols representing the participant’s own and that of each of the
`
`other specific participants in the network;
`
`network participants being requested to join the
`
`network via a polling message, whereupon the participants commence to continuously and
`
`automatically report their location, status and identity data to a remote private ACS IP server
`
`which retransmits their data to all others on the polled network;
`
`once polled, each PDA
`
`continuously and automatically reporting its location, status and identification to the remote
`
`private ACS IP server according to a time period or distance traveled ; the remote private ACS IP
`
`server then automatically transmitting the received location, status and identity information to all
`
`previously polled network participants so that all polled participants’ geographical locations,
`
`identity and status information are automatically displayed on a map on each PDA participant’s
`
`display screen continuously and automatically updated with each received report in real time.
`
`8.
`
`(New) A method as in claim 7, including the step of:
`
`providing an all report network where each network participant with ACS upon
`
`activation starts continuously automatic location, status and identification reporting to the remote
`
`private ACS IP network server its location, identity and status information according to time
`
`period and distance traveled and automatically receives from the remote private ACS 1P server
`
`6
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 8 of 15 PageID #: 6488
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 8 of 15 PageID #: 6488
`
`Application No.: 11/615,472
`Attorney Docket No.: 109633809
`PATENT
`
`the location,
`
`identity and status information from all the other network participants; the received
`
`location,
`
`status and identification information from the other network participants being
`
`automatically displayed, as the information is received, as geo—referenced symbols on the ACS
`
`PDA screens in real time.
`
`9.
`
`(New) A method as in claim 7, including the step of:
`
`providing a common interest network where each network participant in the common
`
`interest group continuously and automatically reports according to time period or distance
`
`traveled location, status and identity information through a remote private ACS 1P server to all
`
`others who have entered the same common interest or organization in their ACS PDAs; receipt
`
`of the location, status and identification information causing geo-referenced symbol locations,
`
`status and identity information data to be automatically displayed on the PDA screen of each of
`
`the network participants; the location, status and identification displayed geo-referenced map
`
`symbols being automatically updated in real time as reports are received from the private remote
`
`ACS Server.
`
`10.
`
`(New) A method as in claim 7, including the step of:
`
`providing a friends and family network such that each network participant’s ACS
`
`transmits to the remote private ACS IP server the phone numbers or license numbers of the
`
`friends and family members with whom the exchange of geo—referenced location, status and
`
`identity data is desired; once the phone numbers or license numbers have been transmitted to the
`
`remote private ACS server, the ACS PDA automatically commences to continuously report its
`
`location, status and identification information according to time period or distance traveled to the
`
`7
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 9 of 15 PageID #: 6489
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 9 of 15 PageID #: 6489
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`remote private ACS IP server; the ACS IP server then only transmitting the received location,
`
`status and identity information to those friends or family members Whose phone numbers or
`
`license numbers are common with those in the database on each phone; Upon receipt of location,
`
`status and identification from a friends and family group members, the ACS PDA software
`
`displaying each network participants’ geo—referenced map symbol’s location, identity and status
`
`information in real time on the PDA’s display screen.
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 10 of 15 PageID #: 6490
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 10 of 15 PageID #: 6490
`
`Application No.: 11/615,472
`Attorney Docket No.: 10963.3809
`PATENT
`
`Claim Rejections — 35 US. C. § 112
`
`REMARKS
`
`The Examiner’s rejection of Claims 2 — 6 under 35 U.S.C § 112, first paragraph, as failing
`
`to comply with the written description requirement is respectfully traversed.
`
`Applicant has amended Claims 2 — 6 to overcome the Examiner's rejection. The subject
`
`matter that the Examiner asserts was not described in the specification to reasonably convey to
`
`one skilled in the relevant art that the inventor at
`
`the time the application was filed had
`
`possession of the claimed invention has been removed.
`
`Claim Rejections — 35 US. C. § 103
`
`The Examiner’s rejection of Claims 2 - 6 under 35 U.S.C. § 103(a) as being unpatentable
`
`over Crowley et al.
`
`(US Patent No. 7,593,740) in view of Zhovnirovsky et al.
`
`(US Patent
`
`Application Publication No. 2006/0030339)
`
`is respectfully traversed. The Crowley et al.
`
`reference describes a social network using cell phones that
`
`is different structurally and
`
`functionally from Applicant’s claimed invention in Claims 2 — 6. Crowley et al. discloses a
`
`method for establishing connection between users of mobile devices. However:
`
`1. PROCESSING ON THE SERVER VS HANDSET
`
`Crowley et al. uses the described social networking web server to provide processing for the
`
`handset via SMS messages which are manually entered into the cell phone. Data is then directed
`
`to the web server which decides to which phones to send SMS data. The Applicant’s method
`
`does not use the server to provide processing for the cell phone but rather uses application
`
`software preloaded on the PDA.
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 11 of 15 PageID #: 6491
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 11 of 15 PageID #: 6491
`
`Application No.: 11/615,472
`Attorney Docket No.: 109633809
`PATENT
`
`2. PRE-ENTRY OF DATA TO A WEB SERVER
`
`Crowley et al. requires the pre—entry of social networking personal data and data concerning
`
`friends into a public web site prior to adding a participant to a social network. -_
`
`-- I I I- - -
`
`3. CONTINUOUS AND AUTOMATIC TRANSMISSION OF LOCATION
`
`Crowley et al. uses the described web server which sends social networking data upon the
`
`entry of data by the users. Crowley et al. does not automatically and continuously transmit
`
`location, status and identification data. The Applicant’s method automatically and continuously
`
`sends location information based on time since its last transmission period or distance traveled
`
`since its last transmission or a sensor input to a remote private ACS IP server which then
`
`automatically and continuously relays the data to all on the network. See Figures 2a, 2b, 2c, 2d
`
`and 3a. The received map location data is then automatically displayed on all the PDAs on the
`
`network.
`
`4. ENTRY OF PHONE NUMBERS / E MAE ADDRESSES
`
`Crowley et al. requires the entry of phone numbers or e—mail addresses into the web site to
`
`enable the web server to establish the networks between individuals. The Applicant’s claims 3, 4
`
`and 6 do not require the entry of either e—mail addresses or phone numbers to establish networks,
`
`but rather transmit an IP address to the remote private ACS 1P server. The ACS server then
`
`sends the data to the other applicable IP addresses. The Applicant’s Claim 2 uses a phone number
`
`to send a SMS message directly to other ACS equipped cell phones polling (commanding) them
`
`to commence automatically and continuously reporting 1P messages to the remote private ACS
`
`10
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 12 of 15 PageID #: 6492
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 12 of 15 PageID #: 6492
`
`Application No.: 11/615,472
`Attorney Docket No.: 109633809
`PATENT
`
`IP server. The Applicant’s Claim 6 uses a phone number OR license number to provide
`
`identification information to the remote private ACS IP server.
`
`5. USE OF TEXT MESSAGE
`
`Crowley et al. makes extensive use of SMS text messages which are sent to and received
`
`from the server. Applicant’s method does not use text messages in establishing its remote private
`
`ACS 1P server network but only uses 1P message traffic to send to the ACS server the latitude
`
`and longitude, status and identity information. This data is then automatically and continuously
`
`relayed to all on the network.
`
`In all claims, except the Applicant’s Claim 2, SMS messages are
`
`not used but rather all communications are IP to the ACS Server.
`
`In the Applicant’s Claim 2,
`
`SMS messages are used to poll network participants to commence continuously and automatic
`
`reporting of their location status and identity information to the remote private ACS 1P server for
`
`retransmission to all on the network.
`
`6. SOCIAL NETWORKING VS COMMAND DISPLAY OF LOCATION
`
`Crowley et al.
`
`is a social networking where the server decides which information about
`
`friends or friends of friends location information to send to which network participants. The
`
`Applicant’s method is that all on the network always view all others’ real time location, status
`
`and identity information that is geo—referenced and overlaid on a map. The Crowley et al patent
`
`revolves around a social networking concept to permit people to find other people if they are
`
`acquaintances and are located at specific locations. The users are notified that there are others in
`
`the area with whom,
`
`for different reasons,
`
`they may want
`
`to establish communications.
`
`Communications then depend on the individuals deciding that they want to exchange data. The
`
`11
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 13 of 15 PageID #: 6493
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 13 of 15 PageID #: 6493
`
`Application No.: 11/615,472
`Attorney Docket No.: 109633809
`PATENT
`
`transmitter decides to transmit data;
`
`the receiver of the data may or may not respond. The
`
`Applicant’s method revolves around establishing data exchange that
`
`is automatic between
`
`network participants and about which, once the software has been activated, the user has no
`
`control. As an example, in the Applicant’s Claim 2, Figure 2.a, the operator uses a SMS message
`
`to command another unit to commence automatic and continuous location, status and identity
`
`information. The recipient’s computer automatically responds;
`
`the recipient cannot take any
`
`action to preclude the response from occurring, the computers decide to exchange data with no
`
`input from the user. The only way that the user can preclude a response is not to activate or close
`
`the application software. This same logic can be seen in the Applicant’s Claims 3 — 6 (Figures 2b,
`
`2c, 2d and 3a) also require that once the software is activated all data exchange is automatic.
`
`7. CONSTANTLY CHANGING RELATIONSHIPS
`
`Crowley et al. is a social networking where the relationships between individuals are based
`
`on data entry by the social network participants. The Applicant’s method has fixed relationships
`
`that are not changed once communications are established to the remote private ACS 1P server.
`
`8. TOTALLY ANONYMOUS VOICE AND DATA COMMUNICATIONS
`
`Crowley et al. requires the entry data about friends and friends of friends into a public web site.
`
`The Applicant’s Claim 6 method does not require the entry of data about friends and friends of
`
`friends nor the entry of other’s phone numbers, E mail addresses, names or any other criteria. The
`
`Applicant’s only uses the IP address of the remote private ACS IP server to establish
`
`communications between all participants on the network thus enabling totally anonymous data
`
`and voice communications.
`
`12
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 14 of 15 PageID #: 6494
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 14 of 15 PageID #: 6494
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`9. ZHOVNIROVSKY
`
`Zhovnirovsky et al. is functionally and structurally quite different from the method claimed
`
`in Applicant’s Claims 2 — 6 as it does not use a server but rather pointedly uses a peer to peer
`
`transmission of an SMS message to the selected recipient that causes the recipient to directly
`
`respond with a SMS location message to the transmitter of the cell phone requesting the location
`
`report.
`
`It is the Applicant’s position that even if the Crowley et al. method were combined with the
`
`method taught in Zhovnirovsky et al., Applicant’s claimed invention would not result in the
`
`Applicant’s claimed invention because in our Claims 2 — 6:
`
`1. The Applicant’s method does not use a remote server to provide the display and machine
`
`processing but rather performs this processing on each FDA;
`
`2. The Applicant’s method does not require a public web service;
`
`3. Location, status and identity information is automatically constantly transferred in real
`
`time showing geographical
`
`information on a display screen of each participant
`
`symbolically on a polled network, a common interest network, an all report network, a
`
`friends and family network or a social (dating) network;
`
`4. For Claims 3, 4, and 6, it is not necessary to know the other net participants phone
`
`numbers,
`
`e—mail
`
`addresses,
`
`or
`
`any
`
`data
`
`about
`
`them permitting
`
`anonymous
`
`communications;
`
`5. For Claims 2, 3, 4, 5 and 6, location, status, and identity is automatically and constantly
`
`sent through a remote private ACS 1P server so that all network participants automatically
`
`13
`
`

`

`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 15 of 15 PageID #: 6495
`Case 2:17-cv-00513-JRG Document 165-13 Filed 07/26/18 Page 15 of 15 PageID #: 6495
`
`Application N0.: 11/615,472
`Attorney Docket N0.: 109633809
`PATENT
`
`View the location of all other network participants in real time;
`
`6. Crowley et al. and Zhovnirovsky et al do not mention anonymous data or voice
`
`communications.
`
`It is the Applicant’s position that the Examiner has failed to establish a prima facie case of
`
`obviousness with respect to Claims 2 — 6.
`
`Respectfully submitted,
`
`/Barry L. Haley/
`Barry L. Haley, Esq. (Reg. No. 25,339)
`
`Customer N0.: 22235
`
`Malin Haley DiMaggio Bowen & Lhota, RA.
`1936 South Andrews Avenue
`
`Fort Lauderdale, FL 33316
`
`Telephone: (954) 763—3303
`Facsimile: (954) 522—6507
`
`Email:
`
`info @ mhdpatents .com
`
`I:\10000\10963\3809\To PTO\117Resp to OA Mailed 10—27—10.doc
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