Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 1 of 17 PageID #: 6529
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 1 of 17 PageID #: 6529
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`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 2 of 17 PageID #: 6530
`Case 2:17-cv—005l3-JRG
`Filed 01126/18 Page
`of 17 Page”; #: 6530
`Application No.
`Applicant(s
`14/633 804
`BEYER ET AL.
`
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`
`if?“
`2646
`OMONIYI OBAYANJU
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 11/13/2015.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)|Z| This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 0.6. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 12 5 8-14 1720-24 and 31-42 is/are pending in the application.
`5a) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`6)|:l Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 12 5 8- 14 1720-24 and 31 -42 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`:/'/www.usoto. ov/ atents/init events/
`
`
`
`h/index.‘s or send an inquiry to PPl-ifeedback{@usgto.dov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)|:l Some” c)I:l None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) IZI Notice of References Cited (PTO-892)
`.
`.
`2) I] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) D Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) I:I Other'
`
`Part of Paper No./Mai| Date 20151204
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 3 of 17 PageID #: 6531
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`Application/Control Number: 14/633,804
`Art Unit: 2646
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`Page 2
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`The present application is being examined under the pre-AIA first to invent
`
`provisions.
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`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments filed 11/13/2015 have been fully considered but they are
`
`not persuasive.
`
`In response to applicant's argument that the reference Melen (U.S. Pub. No.
`
`20040148090) fails to show certain amended features of applicant's invention (i.e. with
`
`a first device, receiving a message from a second device, wherein the message relates
`
`to joining a group). Applicant further argued and/or stated that "the first and second
`
`navigation systems do not communicate with each other until the server adds the
`
`first navigation system 300 to the group".
`
`Examiner very kindly directs the Applicant to reference Richardson: In fig. 1,and
`
`U [0036] and [0038], discussed the concept of group interaction in a communication
`
`system. Melen further discussed and/or stated that the navigation systems are capable
`
`of establishing groups of members and communicating wirelessly with other
`
`navigation systems without the use of a vehicle network server. Therefore, in
`
`contrast to the Applicant's argument above, the claim does not uniquely and particularly
`
`define the limitations so as to distinguish from the applied prior art. During patent
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 4 of 17 PageID #: 6532
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`Application/Control Number: 14/633,804
`Art Unit: 2646
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`Page 3
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`examination, the claims must be given their broadest reasonable interpretation. See
`
`also MPEP §2111. The at least claimed limitation in question is broadly claimed,
`
`therefore, is fairly characterized as discussed in fig. 1, and f [0036]. Therefore it is
`
`believed that Melen teaches the claim limitations.
`
`In regards to the amended and/or new dependent claims, arguments are moot
`
`and new grounds of rejection are applied as set forth below.
`
`Applicant(s) are reminded that the Examiner is entitled to give the broadest
`
`reasonable interpretation to the language of the claim. The Examiner is not
`
`limited to Applicant's definition, which is not specifically set fourth in the claims,
`
`Inre Tanaka etaL, 193 USPQ 139, (CCPA) 1977. Therefore, the previous rejection
`
`is maintained.
`
`Claim Rejections- 35 USC §112
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`IN GENERAL.—The specification shall contain a written description of the invention, and
`(a)
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor or joint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 5 of 17 PageID #: 6533
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 5 of 17 PagelD #: 6533
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`Application/Control Number: 14/633,804
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`Page 4
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`Art Unit: 2646
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`Claims 9, 12, 21, 24, 35, and 41, are rejected under 35 U.S.C. 112(a) or
`
`35 U.S.C. 112 (pre-AIA), first paragraph, as falling to comply with the written description
`
`requirement. The claim(s) contains subject matter which was not described in the
`
`specification in such a way as to reasonably convey to one skilled in the relevant art that
`
`the inventor or a joint inventor, or for pre-AlA the inventor(s), at the time the application
`
`was filed, had possession of the claimed invention.
`
`In regards to claims 9 and 21, the claims recited at least “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.” (Emphasis Added). Upon
`
`further review of the Applicant’s original specification of file, the limitations stated above
`
`were not mentioned, inconsistent, and/or not clearly described so as to be readily
`
`understood by one of ordinary skill in the art. The Applicant's specification did not
`
`mention anything about second or different map, therefore it is unclear what how the
`
`first device request at least a different or second map. Also, it is unclear as to what "a
`
`map location" is according to the specification.
`
`In regards to claims 12 and 24, the claims recites at least in part “sending, by
`
`the first 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.”
`
`(Emphasis Added). Upon further review of the Applicant’s original specification of file,
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 6 of 17 PageID #: 6534
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 6 of 17 PagelD #: 6534
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`Application/Control Number: 14/633,804
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`Page 5
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`Art Unit: 2646
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`the limitations stated above were not mentioned, inconsistent, and/or not clearly
`
`described so as to be readily understood by one of ordinary skill in the art. The
`
`Applicant's original specification merely stated that " The hook application software
`
`determines that the stylus (or finger) is pointed close to or at the location of the symbol
`
`and puts a circle, square or other indication around the symbol indicating that
`
`amplification information concerning the symbol is to be displayed. The operator can
`
`hook entered tracks or his own track symbol and add data or change data associated
`
`with the indicated symbol. The hook application code then sends a message to the
`
`database application code to store the facility or entity's updated data.” Thus, the
`
`introduction of the newly amended limitations that were not supported and/or clearly
`
`described by the specification raises the issue of new matter.
`
`In regards to claims 35 and 41, the claims recites at least in part "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 in the
`
`second group.” (Emphasis Added). The limitations stated above were not mentioned,
`
`inconsistent, and/or not clearly described so as to be readily understood by one of
`
`ordinary skill in the art. Upon reviewing the Applicant’s original specification, the
`
`specification stated that “Units in an organization's chain of command typically have
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 7 of 17 PageID #: 6535
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 7 of 17 PagelD #: 6535
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`Application/Control Number: 14/633,804
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`Page 6
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`Art Unit: 2646
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`instituted a method to establish voice communications between themselves for they
`
`know each other's cellular phone numbers, PTT cellular group identifiers and radio
`
`frequencies or channel numbers.” However, it's unclear how the claimed limitations
`
`above are supported by the specification so as to be readily understood by one of
`
`ordinary skill in the art. Also, it is unclear as to which part of the specification discussed
`
`the at least limitations of receiving third location information from the server, the third
`
`location information comprising a plurality of locations of the respective second
`
`plurality of second devices. Thus, the introduction of the newly amended limitations
`
`that were not supported and/or clearly described by the specification raises the issue of
`
`new matter.
`
`Therefore, as discussed above, for examination purpose, the Examiner has given
`
`the claims its' broadest reasonable interpretation.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151,
`
`or in an application for patent published or deemed published under section 122(b), in
`
`which the patent or application, as the case may be, names another inventor and was
`
`effectively filed before the effective filing date of the claimed invention.
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 8 of 17 PageID #: 6536
`Case 2:17-cv-005l3-JRG Document 165-16 Filed 07/26/18 Page 8 of 17 PagelD #: 6536
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`Application/Control Number: 14/633,804
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`Page 7
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`Art Unit: 2646
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`Claims 1, 2, 9, 13, 14, 21, 31, 32, 34-38, and 40-42, are rejected under 35 U.S.C.
`
`102(a)(2) as being anticipated by Melen (US Publication No. 20040148090).
`
`As to claims 1 and 13, Melen teaches a computer-implemented method
`
`comprising: with a first device, receiving a message from a second device, wherein the
`
`message relates to joining a group (fig. 1B, and pp0036, establishing groups of
`
`members and communicating wirelessly with other navigation systems, and fig.
`
`5, #504); 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 (fig. 1A and fig. 1B,
`
`and fig. 5, #506, receive location of each member, and pp0038, transmit or receive
`
`GPS information), 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 (fig. 1A and fig. 1B, and fig. 5, #506,
`
`receive location of each member, and pp0038, transmit or receive GPS
`
`information); 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 (fig. 4, and pp0064, display icon of each car on map 406), wherein
`
`the symbols are positioned on the map at respective positions corresponding to the
`
`locations of the second devices (fig. 4, and pp0064, display icon of each car on map
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`406); and identifying user interaction with the interactive map selecting one or more of
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`the user-selectable symbols corresponding to one or more of the second devices and
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 9 of 17 PageID #: 6537
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 9 of 17 PagelD #: 6537
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`Application/Control Number: 14/633,804
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`Page 8
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`Art Unit: 2646
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`user interaction with the display specifying an action (fig. 5, #509, #510, and pp0063,
`
`pp0070, touching icon to car) and, based thereon, sending data to the one or more
`
`second devices via the server (fig. 5, #512, and pp0063, pp0070, make a telephone
`
`call to the selected member, and pp0053).
`
`As to claims 2 and 14, Melen teaches wherein the data includes a short
`
`message service message, a text message, an image, or a video (fig. 4, #404, and
`
`pp0029, pp0070, make a telephone call to the selected member).
`
`As to claims 9 and 21, Melen teaches further comprising: sending, from the first
`
`device, a request for a second map, wherein the request specifies a map location (fig.
`
`13, fig. 4, each vehicle includes navigation system 300, fig. 5); and receiving the
`
`second map (fig. 1B, fig. 4, each vehicle includes navigation system 300, fig. 5).
`
`As to claims 31 and 37, Melen teaches 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
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`the display specifying an action (fig. 5, #509, #510, and pp0063, pp0070, touching
`
`icon to car) and, based thereon, initiating a phone call or phone conference with the at
`
`least one second device (fig. 5, #509, #510, and pp0063, pp0070, touching icon to
`
`car, pp0077).
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 10 of 17 PageID #: 6538
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 10 of 17 PagelD #: 6538
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`Application/Control Number: 14/633,804
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`Page 9
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`Art Unit: 2646
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`As to claims 32 and 38, Melen teaches wherein the message from the second
`
`device is a Short Message Service (SMS) message or a text message (fig. 4, #404,
`
`and pp0029, pp0070, make a telephone call to the selected member).
`
`As to claims 34 and 40, Melen teaches wherein the first device is a smart phone
`
`(pp0003, pp0027, cellular telephone communication).
`
`As to claims 35 and 41, Melen teaches further comprising: with the first device,
`
`transmitting a group identifier associated with a second group (fig. 6, establish
`
`communication with selected group members by using identification information,
`
`transmit group information to members of 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 (fig. 6, establish
`
`communication with selected group members by using identification information,
`
`transmit group information to members of 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 in the second group (fig. 6, establish communication with
`
`selected group members by using identification information, transmit group
`
`information to members of group, fig. 1A and fig. 1B, and fig. 5, #506, receive
`
`location of each member, and pp0038, transmit or receive GPS information).
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 11 of 17 PageID #: 6539
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 11 of 17 PagelD #: 6539
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`Application/Control Number: 14/633,804
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`Page 10
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`Art Unit: 2646
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`As to claims 36 and 42, Melen teaches wherein the data includes a voice
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`recording (pp0039, pp0040, voice data, voice mail service).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences between
`the claimed invention and the prior art are such that the claimed invention as a whole would have been
`obvious before the effective filing date of the claimed invention to a person having ordinary skill in the
`art to which the claimed invention pertains. Patentability shall not be negated by the manner in which
`the invention was made.
`
`Claims 8, 11, 20, and 23, are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Melen (US Publication No. 20040148090) in view of Steenstra et al.
`
`(US Publication No. 20060047825).
`
`As to claims 8 and 20, Melen teaches the limitations of the independent claims
`
`as discussed above. However, fails to explicitly teach wherein the first device is a
`
`personal digital assistant (PDA) or a personal computer (PC).
`
`In an analogous field of endeavor, Steenstra teaches wherein the first device
`
`is a personal digital assistant (PDA) or a personal computer (PC) (fig. 5, pp0019). Thus
`
`it would have been obvious to one of ordinary skill in the art before the effective filing
`
`data of the claimed invention to combine the teachings of Melen with the teachings
`
`Streenstra to achieve the goal of efficiently and reliably creating and maintaining
`
`location based service social network in a communication system (Steenstra, pp0006).
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 12 of 17 PageID #: 6540
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 12 of 17 PagelD #: 6540
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`Application/Control Number: 14/633,804
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`Page 11
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`Art Unit: 2646
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`As to claims 11 and 23, Melen in view of Steenstra teaches wherein the map is
`
`a satellite image, (Steenstra, fig. 5, pp0027).
`
`Claims 5, 10, 17, and 22, are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Melen (US Publication No. 20040148090) in view of Hymes (US
`
`Patent No. 8014763).
`
`As to claims 5 and 17, Melen teaches the limitations of the independent claims
`
`as discussed above. Melen further discussed that users communicate or interact over
`
`the internet (pp0046). However, Melen fails to explicitly mention obtaining, by the first
`
`device, respective internet protocol addresses for the second devices.
`
`In an analogous field of endeavor, Hymes teaches obtaining, by the first
`
`device, respective internet protocol addresses for the second devices (fig. 6, group
`
`communication col. 16, lines 28-34, whenever one device makes a transmission
`
`to another device, regardless of whether that transmission is a broadcast to all
`
`nearby devices or a transmission addressed to one particular device, that
`
`transmission includes the unique address information of the sending device: a
`
`unique identification number (device |D#) and a network address (for example,
`
`telephone number, IP address, email address) and col. 29, lines 48-55). Thus it
`
`would have been obvious to one of ordinary skill in the art at time invention was made to
`
`combine the teachings of Melen with the teachings of Hymes to achieve the goal of
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 13 of 17 PageID #: 6541
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 13 of 17 PagelD #: 6541
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`Application/Control Number: 14/633,804
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`Page 12
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`Art Unit: 2646
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`efficiently and reliably improving and facilitating communication among users in
`
`communication system (Hymes, col. 2, lines 1-15).
`
`As to claims 10 and 22, Melen in view of Hymes teaches wherein the first
`
`device does not have access to respective Internet Protocol addresses of the second
`
`devices (pp0072, request permission).
`
`Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Melen (US Publication No. 20040148090) in view of Tengler et al. (US Publication No.
`
`20040252050).
`
`As to claims 12 and 24, Melen teaches the limitations of independent claims as
`
`discussed above. Melen further teaches real time location tracking (pp0033, real time
`
`tracking and receiving location, and pp0070). However, did not explicitly teach
`
`sending, by the first 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.
`
`In an analogous field of endeavor, Tengler teaches sending, by the first
`
`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
`
`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 14 of 17 PageID #: 6542
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 14 of 17 PagelD #: 6542
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`Application/Control Number: 14/633,804
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`Page 13
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`Art Unit: 2646
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`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 (fig. 1, and pp0023, pp0007,
`
`transmitting signal to update positional information of devices at a predetermined
`
`spaced time interval). Thus it would have been obvious to one of ordinary skill in the
`
`art at time invention was made to combine the teachings of Melen with the teachings
`
`Tengler to achieve the goal of efficiently and reliably monitoring and/or tracking the
`
`location of plurality of devices in a communication system (Tengler, pp0008).
`
`Claims 33 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Melen (US Publication No. 20040148090) in view of Levy et al. (US Publication No.
`
`20050130666).
`
`As to claims 33 and 39, Melen teaches the limitations of independent claims as
`
`discussed above. However, fails to explicitly teach 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 and/or a signal strength of a wireless signal of the first device, the
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`second location information comprising a plurality of battery levels of the respective
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`plurality of second devices included in the group and/or a plurality of signal strengths of
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`wireless signals of the respective plurality of second devices included in the group.
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`

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`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 15 of 17 PageID #: 6543
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 15 of 17 PagelD #: 6543
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`Application/Control Number: 14/633,804
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`Page 14
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`Art Unit: 2646
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`In an analogous field of endeavor, Levy teaches wherein participating in the
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`group further includes sending first status information to the server and receiving
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`second status information from the server, the first status information comprising a
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`battery level of the first device (fig. 1 and pp0042, transmitting the condition of
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`battery level between different mobile unit) and/or a signal strength of a wireless
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`signal of the first device, the second location information comprising a plurality of battery
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`levels of the respective plurality of second devices included in the group and/or a
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`plurality of signal strengths of wireless signals of the respective plurality of second
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`devices included in the group (fig. 1 and pp0042, transmitting the condition of
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`battery level between different mobile unit). Thus it would have been obvious to one
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`of ordinary skill in the art at time invention was made to combine the teachings of Melen
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`with the teachings Levy to achieve the goal of efficiently and reliably exchanging
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`particular conditions of the operational parameters of communication devices in a
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`communication system (Levy, pp0008).
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire
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`THREE MONTHS from the mailing date of this action.
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`In the event a first reply is
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`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 16 of 17 PageID #: 6544
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 16 of 17 PagelD #: 6544
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`Application/Control Number: 14/633,804
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`Page 15
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`Art Unit: 2646
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`filed within TWO MONTHS of the mailing date of this final action and the advisory
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`action is not mailed until after the end of the THREE-MONTH shortened statutory
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`period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be
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`calculated from the mailing date of the advisory action.
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`In no event, however, will
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`the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from
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`the examiner should be directed to OMONIYI OBAYANJU whose telephone
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`number is (571)270-5885. The examiner can normally be reached on Mon - Fri,
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`7:30 - 5:00PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner’s supervisor, KAMRAN AFSHAR can be reached on 571-272—7796.
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`The fax phone number for the organization where this application or proceeding
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`is assigned is 571-273-8300.
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`

`

`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 17 of 17 PageID #: 6545
`Case 2:17-cv-00513-JRG Document 165-16 Filed 07/26/18 Page 17 of 17 PagelD #: 6545
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`Application/Control Number: 14/633,804
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`Page 16
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`Art Unit: 2646
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`Information regarding the status of an application may be obtained from
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`the Patent Application Information Retrieval (PAIR) system. Status information
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`for published applications may be obtained from either Private PAIR or Public
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`PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see http://pair-
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`
`/OMONIYI OBAYANJU/
`
`Primary Examiner, Art Unit 2646
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`