`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 1 of 26 PageID #: 6855
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`EXHIBIT 9
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`EXHIBIT 9
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 2 of 26 PageID #: 6856
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`s UNItED SlAms PATENI AND TRADEMARK OFHcE
`
`UNITED STATES DEPARTh1E T OF COMMERCE
`UuEed States Pateut aud Trademark Office
`COELMISSIONER FOR PAIENf S
`Addr
`P.O. Box 1450
`Aloxondria V1rg1r4a22313-1450
`www,toplo,000
`
`I'PL[CAT[C)
`
`0C).
`
`141633804
`
`F1NC5i0
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`0212712015
`
`FIRST 0AMEJ) [EVE1NTC)R
`
`ATTC)RNEY DoCKET NO.
`
`CC)NF[RN[AT[C)N NO.
`
`I
`
`Malcolm K. ReyeriR.
`
`MOC-005
`
`S57
`
`12/10/2015
`22235
`7590
`MIiii Haley DiMaggio & Boweti, P.A.
`1936 5 A.N[)REWS AVENUE
`FORT LAUDERDALE. FL 33316
`
`IEXAMINER
`
`OBAYANJU, OMONIYI
`
`IART UNIT
`
`PAPER NUMBER
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`2646
`
`INOTTFTCATIONDATh
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`I
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`I
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`DETTVI1RYMODI1
`
`I
`
`12/1 0I20 15
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated 'Notification Date' to the
`following e-mail address(es):
`itifo @ Ilthdpalenls.coln
`
`PTOL-90A (Rev. 04/07)
`
`AG ISTX_O O 0 0426 1
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 3 of 26 PageID #: 6857
`
`I Application No.
`14/633,804
`
`I Applicant(s)
`BEYER ET AL.
`
`Office Action Summary
`
`Examiner
`OMONIYI OBAYANJU
`
`Art Unit
`2646
`
`I
`
`I
`
`I
`
`I
`
`I AIA (First Inventor to File)
`Status
`No
`-- The MAILING DATE 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 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`- Extensions of fime may be available under the provisions of 37 CFR i . 36(a)
`after SIX 6) MONTHS from the mailing date ofthis communicahon.
`If NO period for reply is specified above, the manirnurn sdututory period will apply and will expire SIX (6) MONTHS from the mailing date oflhis communication.
`-
`- Failure to reply within the aef or extended period for reply will, by statute, cauae 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 adIuament. See 37 CFR i .704(b).
`
`In no event however, may a repy be imaIy filed
`
`Status
`1)
`
`Responsive to communication(s) filed on 11/13/2015.
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)Z This action is FINAL.
`2b)D This action is non-final.
`3)0 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)0 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 Quayle, i 935 C.D. i i , 453 0.3. 213.
`
`Disposition of Claims*
`Claim(s) 1,2,5,8-14,17,20-24and31-42is/are pending in the application.
`5)
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`is/are allowed.
`6)0 Claim(s)
`Claim(s) 1.2.5.8- 14. 1 7.20-24 and 31-42 is/are rejected.
`7)
`8)0 Claim(s)
`is/are objected to.
`9)0 Claim(s)
`are subject to restriction and/or election requirement.
`e 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
`httpIÍvww..usoto.clOv/oatentsIinit events/pphíindex.jsp or send an inquiry to PPHfeedback4/Suspto.qov.
`
`Application Papers
`1O)E The specification is objected to by the Examiner.
`is/are: a)D accepted or b)D objected to by the Examiner.
`The drawing(s) filed on
`i i )
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR i .85(a).
`Replacement drawing sheet(s) including the correction is required ifthe drawing(s) is objected to. See 37 0FR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)E Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § i 19(a)-(d) or (f).
`Certified copies:
`b)D Some** c)
`a)D All
`None of the:
`i .0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No.
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (POT Rule i 7.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`1)
`
`Attachment(s)
`Notice of References Cited (PTO-892)
`2) 0 Information Disclosure Statement(s) (PTO/SB'08a and/or PTO/SB'08b)
`Paper No(s)/Mail Date
`in
`PTOL-326 (Rev. 11-ls)
`
`Office Action Summary
`
`3) D Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) D Other:
`
`Fart cf Paper No/Mail Dale 201 51204
`
`AGISTX_00004262
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 4 of 26 PageID #: 6858
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`Application/Control Number: 14/633804
`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
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`provisions.
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`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments filed 11/13/2015 have been fully considered but they are
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`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
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`first navigation system 300 to the group".
`
`Examiner very kindly directs the Applicantto reference Richardson: In fig. 1, and
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`¶ [0036] and [0038], discussed the concept of group interaction in a communication
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`system. Melen further discussed and/or stated that the navigation systems are capable
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`of establishing groups of members and communicating wirelessly with other
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`navigation systems without the use of a vehicle network server. Therefore, in
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`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
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`AGISTX_00004263
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 5 of 26 PageID #: 6859
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`Application/Control Number: i 4/633804
`Art Unit: 2646
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`Page 3
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`examination, the claims must be given their broadest reasonable interpretation. See
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`also MPEP §2i i i . The at least claimed limitation in question is broadly claimed,
`
`therefore, is fairly characterized as discussed in fig. 1, and ¶ [0036]. Therefore it is
`
`believed that Melen teaches the claim limitations.
`
`In regards to the amended and/or new dependent claims, arguments are moot
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`and new grounds of rejection are applied as set forth below.
`
`Applicant(s) are reminded that the Examiner is entitled to give the broadest
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`reasonable interpretation to the language of the claim. The Examiner ¡s not
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`limited to Applicant's definition, which is not specifically set fourth in the claims,
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`In re Tanaka et aL, 193 USPQ 139, (CCPA) 1977. Therefore, the previous rejection
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`is maintained.
`
`Claim Rejections - 35 USC § i 12
`
`The following is a quotation of the first paragraph of 35 U.S.C. i i 2(a):
`
`(a) IN GENERAL-The specification shall contain a written description of the invention, and
`of the manner and process of making and using ¡t, ¡n 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. i 12:
`
`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,
`
`AGISTX_00004264
`
`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 6 of 26 PageID #: 6860
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`Application/Control Number: 14/633804
`Art Unit: 2646
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`Page 4
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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. 1 1 2 (pre-AIA), first paragraph, as failing 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-AIA 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 ofthe Applicant's original specification offile, 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
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`first device request at least a different or second map. Also, it is unclear as to what "a
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`map location" is according to the specification.
`
`In regards to claims 12 and 24, the claims recites at least in part sending, by
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`the first device, updated location information comprising an updated location of the first
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`device, the updated location information being sent based on passage of a
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`predetermined time interval since sending previous location information comprising
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`a previous location of the first device, displacement of the first device by a
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`predetermined distance relative to a previous location of the first device, or both."
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`(Emphasis Added). Upon further review of the Applicant's original specification of file,
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`AGISTX_00004265
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 7 of 26 PageID #: 6861
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`Application/Control Number: 14/633804
`Art Unit: 2646
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`Page 5
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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 ¡n the art. The
`
`Applicant's original specification merely stated that " The hook application software
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`determines that the stylus (or finger) is pointed close to or at the location of the symbol
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`and puts a circle, square or other indication around the symbol indicating that
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`amplification information concerning the symbol is to be displayed. The operator can
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`hook entered tracks or his own track symbol and add data or change data associated
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`with the indicated symbol. The hook application code then sends a message to the
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`database application code to store the facility or entity's updated data." Thus, the
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`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
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`device, transmitting a group identifier associated with a second group, the second
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`group including a second plurality of second devices; and based on transmitting the
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`group identifier associated with the second group, participating in the second group,
`
`wherein participating in the second group includes receiving third location
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`information from the server, the third location information comprising a plurality of
`
`locations of the respective second plurality of second devices included in the
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`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
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`ordinary skill in the art. Upon reviewing the Applicant's original specification, the
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`specification stated that "Units in an organization's chain of command typically have
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`AGISTX_00004266
`
`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 8 of 26 PageID #: 6862
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`Application/Control Number: i 4/633804
`Art Unit: 2646
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`Page 6
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`instituted a method to establish voice communications between themselves for they
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`know each others cellular phone numbers, PTT cellular group identifiers and radio
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`frequencies or channel numbers." However, it's unclear how the claimed limitations
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`above are supported by the specification so as to be readily understood by one of
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`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
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`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. i 02 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 1 5i,
`
`or in an application for patent published or deemed published under section i22(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.
`
`AGISTX_00004267
`
`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 9 of 26 PageID #: 6863
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`Application/Control Number: 14/633804
`Art Unit: 2646
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`Page 7
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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 i 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. i B, 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. lA and fig. i B,
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`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,
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`the second location information comprising a plurality of locations of a respective
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`plurality of second devices included in the group (fig. lA and fig. i B, and fig. 5, #506,
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`receive location of each member, and pp0038, transmit or receive GPS
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`information); presenting, via an interactive display of the first device, an interactive
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`map comprising a plurality of user-selectable symbols corresponding to the plurality of
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`second devices (fig. 4, and pp0064, display icon of each car on map 406), wherein
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`the symbols are positioned on the map at respective positions corresponding to the
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`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
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`AGISTX_00004268
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 10 of 26 PageID #: 6864
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`Application/Control Number: i 4/633804
`Art Unit: 2646
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`Page 8
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`user interaction with the display specifying an action (fig. 5, #509, #510, and pp0063,
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`ppOO7O, touching icon to car) and, based thereon, sending data to the one or more
`
`second devices via the server (fig. 5, #512, and pp0063, ppOO7O, make a telephone
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`call to the selected member, and pp0053).
`
`As to claims 2 and 14, Melen teaches wherein the data includes a short
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`message service message, a text message, an image, or a video (fig. 4, #404, and
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`pp0029, ppOO7O, make a telephone call to the selected member).
`
`As to claims 9 and 21, Melen teaches further comprising: sending, from the first
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`device, a request for a second map, wherein the request specifies a map location (fig.
`
`lB, fig. 4, each vehicle includes navigation system 300, fig. 5); and receiving the
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`second map (fig. i B, fig. 4, each vehicle includes navigation system 300, fig. 5).
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`As to claims 31 and 37, Melen teaches further comprising identifying second
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`user interaction with the interactive map selecting at least one of the user-selectable
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`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, ppOO7O, touching
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`icon to car) and, based thereon, initiating a phone call or phone conference with the at
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`least one second device (fig. 5, #509, #510, and pp0063, ppOO7O, touching icon to
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`car, pp0077).
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`AGISTX_00004269
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 11 of 26 PageID #: 6865
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`Application/Control Number: 14/633,804
`Art Unit: 2646
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`Page 9
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`As to claims 32 and 38, Melen teaches wherein the message from the second
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`device is a Short Message Service (SMS) message or a text message (fig. 4, #404,
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`and pp0029, ppOO7O, make a telephone call to the selected member).
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`As to claims 34 and 40, Melen teaches wherein the first device is a smart phone
`
`(pp0003, pp0027, cellular telephone communication).
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`As to claims 35 and 41, Melen teaches further comprising: with the first device,
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`transmitting a group identifier associated with a second group (fig. 6, establish
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`communication with selected group members by using identification information,
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`transmit group information to members of group), the second group including a
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`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
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`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. lA and fig. i B, and fig. 5, #506, receive
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`location of each member, and pp0038, transmit or receive GPS information).
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`AGISTX_00004270
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 12 of 26 PageID #: 6866
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`Application/Control Number: 14/633804
`Art Unit: 2646
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`Page 10
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`As to claims 36 and 42, Melen teaches wherein the data includes a voice
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`recording (pp0039, ppOO4O, voice data, voice mail service).
`
`Claim Rejections -35 USC § 103
`
`The following is a quotation of 35 U.S.C. i 03 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 1 02 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 under35 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, ppOOl9). Thus
`
`it would have been obvious to one of ordinary skill in the art befare 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).
`
`AG ISTX_O O 0 0427 1
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 13 of 26 PageID #: 6867
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`Application/Control Number: 14/633,804
`Art Unit: 2646
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`Page 11
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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 ID#) and a network address (for example,
`
`telephone number, IP address, email address) and col. 29, lines 48-55). Thus it
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`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
`
`AGISTX_00004272
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 14 of 26 PageID #: 6868
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`Application/Control Number: 14/633804
`Art Unit: 2646
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`Page 12
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`efficiently and reliably improving and facilitating communication among users in
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`communication system (Hymes, coI. 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. 200401 48090) 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 ppOO7O). 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
`
`AGISTX_00004273
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`
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`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 15 of 26 PageID #: 6869
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`Application/Control Number: i 4/633804
`Art Unit: 2646
`
`Page 13
`
`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
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`a previous location of the first device, or both (fig. i , 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
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`Melen (US Publication No. 200401 48090) in view of Levy et al. (US Publication No.
`
`200501 30666).
`
`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
`
`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.
`
`AGISTX_00004274
`
`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 16 of 26 PageID #: 6870
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`Application/Control Number: i 4/633804
`Art Unit: 2646
`
`Page 14
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`In an analogous field of endeavor, Levy teaches wherein participating ¡n 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
`
`battery level of the first device (fig. i and pp0042, transmitting the condition of
`
`battery level between different mobile unit) 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 (fig. i and pp0042, transmitting the condition of
`
`battery level between different mobile unit). 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 Levy to achieve the goal of efficiently and reliably exchanging
`
`particular conditions of the operational parameters of communication devices in a
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`co m m u nication system (Levy, pp0008).
`
`Conclusion
`
`Applicants amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`0FR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire
`
`THREE MONTHS from the mailing date of this action.
`
`In the event a first reply is
`
`AGISTX_00004275
`
`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 17 of 26 PageID #: 6871
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`Application/Control Number: i 4/633804
`Art Unit: 2646
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`Page 15
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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
`
`action is mailed, and any extension fee pursuantto 37 0FR i .136(a) will be
`
`calculated from the mailing date of the advisory action.
`
`In no event, however, will
`
`the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to OMONIYI OBAYANJU whose telephone
`
`number is (571)270-5885. The examiner can normally be reached on Mon - Fn,
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`7:30 - 5:00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner's supervisor, KAMRAN AFSHAR can be reached on 571-272-7796.
`
`The fax phone number for the organization where this application or proceeding
`
`is assigned is 571-273-8300.
`
`AGISTX_00004276
`
`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 18 of 26 PageID #: 6872
`
`Application/Control Number: 14/633804
`Art Unit: 2646
`
`Page 16
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`Information regarding the status of an application may be obtained from
`
`the Patent Application Information Retrieval (PAIR) system. Status information
`
`for published applications may be obtained from either Private PAIR or Public
`
`PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-21 7-91 97 (toll-
`
`free). If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/OMONIYI OBAYANJU/
`Primary Examiner, Art Unit 2646
`
`AGISTX_00004277
`
`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 19 of 26 PageID #: 6873
`
`Notice of References Cited
`
`Application/Control No.
`
`14/633,804
`
`Examiner
`
`Applicant(s)/Patent Under
`Reexamination
`BEYER ET AL.
`Art Unit
`
`OMONIYI OBAYANJU
`
`2646
`
`Page 1 of 1
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`U.S. PATENT DOCUMENTS
`
`Date
`MM-YYYY
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`12-2004
`
`06-2005
`
`09-2011
`
`Name
`
`Tengler, Steven C.
`
`Levy, Rami C.
`
`Hymes; Charles Martin
`
`CPC Classification
`
`.
`
`.
`
`G0155/0072
`
`H04W8/24
`
`HO4M1/26
`
`US Classification
`
`.
`
`342/357.31
`
`455/452.2
`
`455/41 4.2
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`CPC Classification
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`D
`
`E
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`F
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`G
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`H
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`I
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`J
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`K
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`L
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`M
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`-;- -
`- -
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`N o P Q R S
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`iiii
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`U
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`V
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`w
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`X
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`A copy ofths reterence is not being turnished with this Ohice action, (See MPEP § 70705(a).)
`Dates in MM-YYYY format are publication dates. Clsssificaticns may be US or foreign
`
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice 01 References Cited
`
`Part of Paper No. 20151204
`
`AGISTX_00004278
`
`*
`
`Document Number
`Country Cad-Number-Kind Cade
`
`ii US-2004/0252050 Al
`--
`i.
`--
`i.
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`US-2005/0130666 Al
`US-8,014763 B2
`
`US-
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`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 20 of 26 PageID #: 6874
`
`Search Notes
`
`Appi ication/Control No.
`
`14633804
`
`Examiner
`
`OMONIYI OBAYANJU
`
`Applicant(s)/Patent Under
`Reexamination
`BEYER ET AL,
`
`Art Unit
`
`2646
`
`H04W4/02
`
`Symbol
`
`Date
`8/1 0/201 5
`
`Examiner
`00
`
`cPc- SEARCHED
`
`cPc COMBINATION SETS - SEARCHED
`
`Symbol
`
`Date
`
`Examiner
`
`US CLASSIFICATION SEARCHED
`
`Class
`
`455
`
`4042, 456.1
`
`Subclass
`
`Date
`8/10/2015
`
`Examiner
`00
`
`SEARCH NOTES
`
`Search Notes
`See Attached East Search History
`See Attached East Search History (Updated)
`
`Date
`8/1 0/201 5
`i 2/8/201 5
`
`Examiner
`00
`00
`
`INTERFERENCE SEARCH
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`US Class/
`CPC Symbol
`
`US Subclass I CPC Group
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`Date
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`Examiner
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`u.s Fatnt and Traderrark Office
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`Pari of Faper No : 2O152O4
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`AGISTX_00004279
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`
`
`Case 2:17-cv-00513-JRG Document 174-10 Filed 08/13/18 Page 21 of 26 PageID #: 6875
`
`EAST Search History
`
`EAST Search History
`
`EAST Search History (Prior Art)
`
`L6
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`22
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`8014763
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`US-FGPUB; OR
`USPAT;
`EFO; PO;
`DERWENT;
`IBM_TDB
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`ON
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`ON
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`ON
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`2O15/12/O8
`05:14
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`2015/08/10
`04:44
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`2015/08/10
`04:51
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`ON
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`2015/08/10
`04:53
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`ON
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`ON
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`ON
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`ON
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`2015/08/10
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`2015/08/10
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`2015/08/10
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`2015/08/10
`05:28
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`2015/08/10
`05:29
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`AG ISTX_O O 0 0428 0
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`o
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`14633804
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`US-R3PU