Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 1 of 23 PageID #: 7430
`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 1 of 23 PageID #: 7430
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`EXHIBIT 10
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`EXHIBIT 10
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`

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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 2 of 23 PageID #: 7431
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Docket No.: MOC-003
`(PATENT)
`
`First Named inventor:
`Malcolm K. Beyer, Jr.
`
`Application No.: 14/695,23 3
`
`Filed: April 24, 2015
`
`For: METHOD TO PROVLDE AD ROC AND
`PASSWORD PROTECTED DIGITAL AND
`VOICE NETWORKS
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Confirmation No.5326
`
`Art Unit: 2646
`
`Examiner: O. Obayanju
`
`SUPPLEMENTAL RESPONSE
`
`lin connection with the Request for Continued Examination (RCE) filed in the above-
`
`identified patent application on February 26, 2016, and further to the Amendment and Response
`
`filed therewith, the following Supplemental Response is respectfully submitted.
`
`in the Amendment and Response filed on February 26, 20 I 6, the markings to show the
`
`changes to the amended claims were inadvertently omitted. Accordingly, Applicant submits
`
`herewith a Supplemental Response, which includes a listing ofthe claims with markings to show
`
`the changes to the amended claims. For the Examiner's convenience, the "Remarks" section of
`
`the Response ofFebruary 26, 2016, is also submitted herewith.
`
`Please amend the above-identified IJ.S. patent application as follows:
`
`Amendments to the Claims are reflected in the listing ofclaims which begins on page 2
`ofthis paper.
`
`Remarks begin on page 13 ofthis paper.
`
`ACT1Vb185307844. i
`
`AG ISTX_O O 0 049 39
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`

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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 3 of 23 PageID #: 7432
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`2
`
`Docket No.: MOC-003
`
`AINIIEINIDMEINTS TO TIlE CILAIMS
`
`This listing of claims replaces all prior versions and listings of claims in the application:
`
`Listing of Claims
`
`(Currently amended) A method comprising:
`
`performing by a first device:
`
`obtaining contact information of a plurality of second devices;
`
`ç
`
`receiving respective lPhased responses to the SMS messages. vherein the IP-
`
`Iasecl
`
`transmitting IP-based messages including a location ofthe first device to the W
`eeThrespectivesecond devices;
`
`presenting, via an interactive display ofthe first device, an interactive map
`
`comprising a plurality of user selectable symbols corresponding to the plurality of second
`
`devices, wherein the symbols are positioned on the map at respective positions
`
`corresponding to the respective locations ofthe second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable symbols corresponding to one or more ofthe second devices and user
`
`interaction with the display specifying an action and, based thereon, sending data to the
`
`one or more second devices.
`
`ACT1Vb185307844. i
`
`AGISTX_00004940
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 4 of 23 PageID #: 7433
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`3
`
`Docket No.: MOC-003
`
`2.
`
`(Previously presented) The method of claim 1, further comprising:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection of the other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated with the symbol.
`
`(Currently amended) The method of claim 1 wherein the data comprises a text message,
`Jjnagea\'ideo,ora command to cause the second devices corresponding to the selected
`symbols to convert text to speecham,..
`
`4.
`
`(Currently amended) The method of claim i whereinetan+ii4he4P.
`
`an Internet Protocol (IP) address ofthe first device; and
`
`the second 4e4eedevices.
`
`li
`
`(Currently amended) The method ofclaim 1, further comprising: sending geographic
`
`location information ofthe first device to one or more ofthe second devices based on time and/
`
`or movement.
`
`6.
`
`(Previously presented) The method of claim 1, further comprising:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`7.
`
`(Previously presented) The method of claim 6, further comprising:
`
`receiving user selection ofthe sub-net; and
`
`establishing a conference among the one or more second devices ofthe sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`ACT1Vb185307844. i
`
`AG ISTX_O O 0 0494 1
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 5 of 23 PageID #: 7434
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`4
`
`Docket No.: MOC-003
`
`(Origina!) The method of c!aim i, further comprising:
`
`identifying user interaction with the display specifying a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`9-lo,
`
`(Canceled)
`
`i i .
`
`(Currently amended) A system comprising:
`
`one or more computers programmed to perform operations comprising:
`
`obtaining contact information of a plurality of second devices;
`
`i
`
`infoimation to send, to the second devices respective Shoit Messaize Service (SMS)
`
`L
`
`h.çd .
`
`resective
`
`second devices;
`transmittingPhasedmessar ,e sinduding a location ofthe first device to the !4
`
`second devices;
`
`presenting, via an interactive display ofthe first device, an interactive map
`
`comprising a plurality of user selectable symbols corresponding to the plurality of second
`
`devices, wherein the symbols are positioned on the map at respective positions
`
`corresponding to the respective locations ofthe second devices; and
`
`ACT1Vb185307844. i
`
`AGISTX_00004942
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 6 of 23 PageID #: 7435
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`Docket No.: MOC-003
`
`identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable symbols corresponding to one or more of the second devices and user
`
`interaction with the display specifying an action and, based thereon, sending data to the
`
`one or more second devices.
`
`12.
`
`(Previously presented) The system ofclaim i 1 wherein the operations further comprise:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection ofthe other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated with the symbol.
`
`13.
`
`(Currently amended) The system ofclaim I I wherein the data comprises atext message,
`jma5eavideoora command to cause the second devices corresponding to the selected
`
`symbols to convert text to
`
`.
`
`..
`
`.
`
`14.
`
`(Currently amended) The system of claim i i
`
`.
`
`.
`
`.
`
`an Internet Protocol (IP) address ofthe first device; and
`
`of the second 4e4e devices.
`
`. the IP
`
`15.
`
`(Currently amended) The system ofclaim li wherein the operations further comprise:
`
`sending geographic location information ofthe first device to one or more ofthe second
`
`devices based on time and / or movement.
`
`16.
`
`(Previously presented) The system ofclaim i i wherein the operations further comprise:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`ACT1Vb185307844. i
`
`AGISTX_00004943
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 7 of 23 PageID #: 7436
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`6
`
`Docket No.: MOC-003
`
`17.
`
`(Previously presented) The system of claim 16 wherein the operations further comprise:
`
`receiving user selection of the sub-net; and
`
`establishing a conference among the one or more second devices of the sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`18.
`
`(Origina!) The system of claim il wherein the operations further comprise:
`
`identifying user interaction with the display specifying a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`1 9-20. (Canceled)
`
`2 1 .
`
`(Currently amended) A non-transitory storage device having instructions stored thereon
`
`that, when executed by a computer, cause the computer to perform operations comprising:
`
`obtaining contact information of a plurality of second devices;
`
`t_____________
`
`f1ÇçK113i1i.Ç/n .
`
`ÇQ93/1111fl/1L i1. ci/3..k1W . çn
`
`L
`
`il
`
`i ¡ingrespective .. IPbased
`M
`transmitting
`ef4heectîve second devices;
`
`ACTIVE/85307844. i
`
`location ofthe first device to the --ds&s
`
`AGISTX_00004944
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 8 of 23 PageID #: 7437
`
`ApplicationNo. 14/695.233
`Reply to Office Action ofDecember '7, 2015
`
`7
`
`Docket No.: MOC-003
`
`presenting, via an interactive display ofthe first device, an interactive map comprising a
`
`plurality of user-selectable symbols corresponding to the plurality of second devices, wherein the
`
`symbols are positioned on the map at respective positions corresponding to the respective
`
`locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the user-
`
`selectable symbols corresponding to one or more ofthe second devices and user interaction with
`
`the display specifying an action and, based thereon, sending data to the one or more second
`
`devices.
`
`22.
`
`(Previously presented) The storage device ofclaim 21 wherein the operations further
`
`comprise:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection ofthe other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated with the symbol.
`
`23.
`
`(Currently amended) The storage device of claim 21 wherein the data comprises a text
`
`message, an image. a video or a command to cause the second devices corresponding to the
`
`selected symbols to convert text to
`
`24.
`
`(Currently amended) The storage device ofclaim 21 wherein _ obttining th TP a4dre .: of
`
`1.t
`
`an Internet Protocol (IP) address of the first device; and
`
`based . responsesincIuderespectie ........
`
`of the second d4çyj.
`
`25.
`
`(Currently amended) The storage device ofclaim 21 wherein the operations further
`
`comprise: sending geographic location information ofthe first device to one or more of the
`
`second devices based on time and / or movement.
`
`ACT1Vb185307844. i
`
`AGISTX_00004945
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 9 of 23 PageID #: 7438
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`8
`
`Docket No.: MOC-003
`
`26.
`
`(Previously presented) The storage device of claim 21 wherein the operations further
`
`comprise:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`27.
`
`(Previously presented) The storage device of claim 26 wherein the operations further
`
`comprise:
`
`receiving user selection ofthe sub-net; and
`
`establishing a conference among the one or more second devices ofthe sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`28.
`
`(Original) The storage device of claim 21 wherein the operations further comprise:
`
`identifying user interaction with the display specifying a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`29-30. (Canceled)
`
`3 1.
`
`(Previously presented) The method of claim i, wherein the device is a cellular phone or a
`
`personal digital assistant (PDA).
`
`32.
`
`(Previously presented) The method ofclaim i, further comprising identifying second user
`
`interaction with the interactive map selecting at least one ofthe user-selectable symbols
`
`corresponding to at least one ofthe second devices and user interaction with the display
`
`specifying an action and, based thereon, initiating a phone call or phone conference with the at
`
`least one second device.
`
`ACT1Vb1853O7844. i
`
`AGISTX_00004946
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 10 of 23 PageID #: 7439
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`9
`
`Docket No.: MOC-003
`
`33.
`
`(Previously presented) The method of claim 3, wherein the video comprises a video clip
`
`or a video transmission.
`
`34.
`
`(Previously presented) The method of claim 6, further comprising:
`
`receiving user selection of the sub-net; and
`
`causing the one or more second devices ofthe sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`35.
`
`(Previously presented) The method ofclaim i, wherein the data sent to the one or more
`
`second devices causes at least one ofthe second devices to play an audio message announcing an
`
`emergency.
`
`36.
`
`(Previously presented) The method of claim i, wherein the data sent to the one or more
`
`second devices causes at least one ofthe second devices to place a phone call to the first device.
`
`37.
`
`(Previously presented) The system ofclaim 11, wherein the device is a cellular phone or
`
`a personal digital assistant (PIDA).
`
`38.
`
`(Previously presented) The system ofclaim i i, wherein the operations further comprise:
`
`identifying second user interaction with the interactive map selecting at least one ofthe user-
`
`selectable symbols corresponding to at least one ofthe second devices and user interaction with
`
`the display specifying an action and, based thereon, initiating a phone call or phone conference
`
`with the at least one second device.
`
`39.
`
`(Previously presented) The system ofclaim 13, wherein the video comprises a video clip
`
`or a video transmission.
`
`40.
`
`(Previously presented) The system ofclaim 16, wherein the operations further comprise:
`
`receiving user selection of the sub-net; and
`
`ACT1Vb185307844. i
`
`AGISTX_00004947
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 11 of 23 PageID #: 7440
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`10
`
`Docket No.: MOC-003
`
`causing the one or more second devices of the sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`4!.
`
`(Previously presented) The system of claim II, wherein the data sent to the one or more
`
`second devices causes at least one ofthe second devices to play an audio message announcing an
`
`emergency.
`
`42.
`
`(Previously presented) The system ofclaim 11, wherein the data sent to the one or more
`
`second devices causes at least one ofthe second devices to place a phone call to the first device.
`
`43.
`
`(Previously presented) The storage device ofclaim 21, wherein the device is a cellular
`
`phone or a personal digital assistant (PDA).
`
`44.
`
`(Previously presented) The storage device ofclaim 21, wherein the operations further
`
`comprise: identifying second user interaction with the interactive map selecting at least one of
`
`the user-selectable symbols corresponding to at least one ofthe second devices and user
`
`interaction with the display specifying an action and, based thereon, initiating a phone call or
`
`phone conference with the at least one second device.
`
`45.
`
`(Previously presented) The storage device ofclaim 23, wherein the video comprises a
`
`video clip or a video transmission.
`
`46.
`
`(Previously presented) The storage device of claim 26, wherein the operations further
`
`comprise:
`
`receiving user selection ofthe sub-net; and
`
`causing the one or more second devices ofthe sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`ACT1Vb185307844. i
`
`AGISTX_00004948
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 12 of 23 PageID #: 7441
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`11
`
`Docket No.: MOC-003
`
`47.
`
`(Previously presented) The storage device of claim 21, wherein the data sent to the one or
`
`more second devices causes at least one of the second devices to play an audio message
`
`announcing an emergency
`
`48.
`
`(Previously presented) The storage device ofclaim 21, wherein the data sent to the one or
`
`more second devices causes at least one of the second devices to place a phone call to the first
`
`device.
`
`49.
`
`New The method ofclaim i, wherein the contact information comprises respective
`
`telephone numbers ofthe second devices.
`
`50.
`
`New The method ofclaim I, wherein first device sends the SMS messages and receives
`
`the IP-based responses via a cellular communications network
`
`5 i .
`
`KNew) The method of claim 8, further comprising identifying user interaction with the
`
`display specifying category data associated with the new symbol, wherein sending the new
`
`symbol to the second devices comprises sending the category data associated with the new
`
`symbol to the second devices.
`
`52.
`
`(New) The method ofclaim I, further comprising identifying second user interaction
`
`with the interactive map selecting a particular user-selectable symbol corresponding to a
`
`particular second device and user interaction with the display specifying an action and, based
`
`thereon, initiating a data call with the particular second device.
`
`53.
`
`(New) A method comprising:
`
`performing by a first device:
`
`obtaining contact information of a plurality of second devices;
`
`initiating discovery of an Internet Protocol (IP) address by using the contact
`
`information to send, to the second devices, respective Short Message Service (SMS)
`
`ACT1Vb185307844. i
`
`AGISTX_00004949
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 13 of 23 PageID #: 7442
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`12
`
`Docket No.: MOC-003
`
`messages including information for facilitating Internet Protocol ([P) based
`
`communication between the first device and the respective second devices;
`
`receiving respective IP-based responses to the SMS messages, wherein the IP-
`
`based responses to the SMS messages include location information of the respective
`
`second devices;
`
`transmitting IP-based messages including a location ofthe first device to the
`
`respective second devices; and
`
`transmitting an IP-based text message to at least one ofthe second devices via a
`
`cellular communications network.
`
`ACT1Vb185307844. i
`
`AG ISTX_O O 0 049 50
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 14 of 23 PageID #: 7443
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`13
`
`Docket No.: MOC-003
`
`Administrative Overview
`
`RE MARKS
`
`Claims 1-8, 10-18, 20-28, and 30-48 were pending. In the present Amendment, claims 1,
`
`4, 5, II, 14, IS, 21, 24, and 25 are amended, claims lO, 20, and 30 are canceled without
`
`prejudice or disclaimer, and new claims 49-53 are added.
`
`No new matter is added. Support for the amendments to claims 1, 4, 1 1, 14, 21, and 24,
`
`and for new claims 49 and 50 can be found, for example, in U.S. Patent No. 7,03 1,728 ("the '728
`
`patent") in col. 6, lines 13-17 and 34-36, col. 7, lines 44-SO, and col. 4, lines 39-56. Support for
`
`the amendments to claims S, 15, and 25 can be found, for example, in the '728 patent in col. 4,
`
`line 50. Support for new claim 51 can be found, for example, in the '728 patent in col. 4, line 64
`
`- col. 5, line 8, and in col. IO, lines 51-61. Support for new claim 52 can be found, for example,
`
`in the '728 patent in col. 5, line 23. Support for new claim 53 can be found, for example, in the
`
`'728 patent in col. 6, lines 5-21 and 34-36, in col. 7, lines 44-50, and in col. 4, lines 25-56. It is
`
`noted that the '728 patent was incorporated by reference into the present application at the time
`
`of the present application' s filing.
`
`Applicability oflPost-AIA Provisions ofthe Patent Laws to the Present Application
`
`The Office Action (p. 2) states that "[t]he present application is being examined under the
`
`pre-AIA first to invent provisions" ofthe patent laws. For the reasons stated in the Response
`
`filed on October 30, 20 I 5, it is understood that the present application will be examined under
`
`the post-AlA, first-to-file provisions ofthe patent laws.
`
`Interview Summary
`
`Applicant thanks Examiner Obayanju for conducting a telephonic interview on February
`
`18, 2016. The participants included Examiner Obayanju, Applicant's undersigned representative
`
`(Daniel J. Burns), Applicant's legal representative (Samuel S. Stone), and the inventor (J\'Ialcolm
`
`Beyer, Jr.). The interview was held pursuant to an Interview Agenda that was emailed to the
`
`Examiner on February 18, 2016. Copies ofthe Interview Agenda and the email message are
`
`submitted herewith.
`
`ACT1Vb185307844. i
`
`AG ISTX_O O 0 049 5 1
`
`

`

`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 15 of 23 PageID #: 7444
`
`ApplicationNo. 14/695.233
`Reply to Office Action ofDecember '7, 2015
`
`14
`
`Docket No.: MOC-003
`
`During the interview, the discussion focused on amendments and arguments presented
`
`herein. Accordingly, this paper is intended to constitute a proper recordation ofthe interview in
`
`accordance with MPEP § 713.04, and also to provide a full response to the Office Action of
`
`December7, 2015.
`
`During the interview, Applicant' s representatives presented proposed amendments to
`
`claim i, identified portions ofthe present application that provide support for the proposed
`
`amendments, and pointed out distinctions between the proposed version of claim 1 and the cited
`
`references (Melen and Hymes). The Examiner appreciated the distinctions and indicated that the
`
`rejections over Melen and Hymes would be withdrawn and a new search performed.
`
`Applicant's representatives also indicated that, in the interest ofadvancing prosecution,
`
`Applicant would submit an additional claim amendment related to Internet Protocol (IP) address
`
`discovery. Accordingly, in the present Amendment, claim I is amended as proposed in the
`
`Interview Agenda, and is further amended to recite "initiating discovery of an Internet Protocol
`
`(IP) address . ..
`
`Claim Rejections Under 35 U.S.C.
`
`103
`
`lin the Office Action oflDecember 7, 2015, each ofthe independent claims was rejected
`
`under 35 U.S.C. § 103 as purportedly being obvious over U.S. Pub. No. 2004/0148090
`
`("Melen") in view ofU.S. PatentNo. 8,014,763 ("Hymes"). Each ofthe dependent claims was
`
`rejected as purportedly being obvious over Melen / Hymes alone or in combination with other
`
`references. These rejections are respectfully traversed as applied to the claims, as amended.
`
`Independent Claim i and the Claims Dependini Therefrom
`
`As amended, independent claim i is directed to a method comprising performing by a
`
`first device:
`
`obtaining contact information of a plurality of second devices;
`initiating discovery ofan internetProtocol (IP) address by using the contact
`information to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facilitating Internet Protocol (IP) based
`communication between the first device and the respective second devices;
`
`ACT1Vb185307844. i
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`AG ISTX_O O 0 049 52
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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 16 of 23 PageID #: 7445
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`ApplicationNo. 14/695.233
`Reply to Office Action ofDecember '7, 2015
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`15
`
`Docket No.: MOC-003
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`receiving respective 1P-F.iased responses to the SMS messages, wherein the IP-
`based responses to the SMS messages include location information ofthe respective
`second devices;
`transmitting IP-based messages including a location ofthe first device to the
`respective second devices;
`presenting, via an interactive display ofthe first device, an interactive map
`comprising a plurality of user selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the respective locations ofthe second devices; and
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more ofthe second devices and user
`interaction with the display specifying an action and, based thereon, sending data to the
`one or more second devices. (Emphasis added.)
`
`Even assuming, without conceding, that IMelen and Hymes could have been properly
`
`combined, no combination of Melen and Hymes would teach or suggest at least "receiving
`
`respective IP-based responses to the SMS messages, wherein the IP-based responses to the SMS
`
`messages include location information ofthe respective second devices," as recited in claim I.
`
`Melen describes "vehicle navigation systems that are capable of communicating with one
`
`another" and "displaying the location of other vehicle navigation systems in the group"
`
`( Abstract). According to Melen, the vehicle navigation systems exchange location information
`
`by transmitting and receiving "GPS information ofthe corresponding vehicles" ([0028]). Melen
`
`expressly states that the "GPS information" ofthe vehicle navigation systems is "transmitted and
`
`received using text messaging (short messaging service)" ([0029]; see also [0045], [0053], and
`
`L 0060]). Melen does not teach or suggest that these text messages are IP-based. Thus, Melen's
`description oftransniitting and receiving location information using text messages does not teach
`
`or suggest "receiving respective IP-based responses to the SMS messages, ii'herein the IP-based
`
`respon.5 CS to the SMS messages include location iiiforrnation ofthe respective second devices,"
`as recited in claim i (emphasis added).
`
`Hymes appears to describe techniques for "establishing and facilitating electronic
`
`communications between people that are in physical proximity to each other" (col. 13, lines 55-
`
`57). In particular, Hymes describes a scenario in which "a user detects someone to whom they
`
`want to communicate electronically," but the user does not "have an address for the intended
`
`recipient-no device ID#, no telephone number, no email address, etc." (col. 17, lines 6-13).
`
`ACT1Vb185307844. i
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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 17 of 23 PageID #: 7446
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`ApplicationNo. 14/695.233
`Reply to Office Action ofDecember '7, 2015
`
`16
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`Docket No.: MOC-003
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`According to Hymes, the user can use "[p]erceptual [addressing ... to establish a communications
`
`channel with" the intended recipient (col. 14, lines 24-27) based on the intended recipient's
`
`"approximate location relative to the user and .
`
`. visual appearance" (col. 17, lines 6-13). Neither
`
`the above-cited portion of flymes nor the portions ofHyrnes cited in the Office Action describe IP-
`
`based responses to SMS messages. Thus, Hymes has not been shown to teach or suggest
`
`"receiving respective IP-based responses to the SMS messages, wherein the IP-basad raspones
`to the SMS messages include location information ofthe respective second devices," as recited
`
`in claim 1.
`
`For at least the foregoing reasons, IMelen and Hymes (individually or in combination) do
`
`not teach or suggest at least the above-emphasized limitations of claim i . Claim i therefore
`
`patentably distinguishes overMelen and Hymes. Withdrawal ofthe rejection ofclaim i is
`
`respectfully requested. Claims 2-8, 3 I -36, 49, and 50 depend from claim I and are allowable for at
`
`least the same reasons.
`
`II,
`
`Independent Claim i i and the Claims Depending Therefrom
`
`As amended, independent claim i i is directed to a system comprising one or more
`
`computers programmed to perform operations comprising:
`
`obtaining contact information of a plurality of second devices;
`initiating discovery ofan InternetProtocol (IP) address by using the contact
`information to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facilitating Internet Protocol (IP) based
`communication between the first device and the respective second devices;
`receiving respective IP-based responses to the SMS messages, i'herein the IP-
`based responses to the SMS messages include location infbrmation ofthe respective
`second devices;
`transmitting IP-based messages including a location ofthe first device to the
`respective second devices;
`presenting, via an interactive display ofthe first device, an interactive map
`comprising a plurality ofuser selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the respective locations ofthe second devices; and
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more ofthe second devices and user
`
`ACT1Vb185307844. i
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`AG ISTX_O O 0 049 54
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`

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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 18 of 23 PageID #: 7447
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`17
`
`Docket No.: MOC-003
`
`interaction with the display specifying an action and, based thereon, sending data to the
`one or more second devices. (Emphasis added.)
`
`For reasons that should be apparent from the discussion above, Melen and Hymes do not
`
`teach or suggest at least the above-emphasized elements ofclaim I I
`
`. Claim I I therefore
`
`patentably distinguishes over Melen and Hymes. Withdrawal of the rei ection of claim i i is
`
`respectfully requested. Claims 12- 18 and 37-42 depend from claim i i and are allowable for at
`
`least the same reasons.
`
`11H.
`
`Independent Claim 21 and the Claims Depending Therefrom
`
`As amended, independent claim 21 is directed to a non-transitory storage device having
`
`instructions stored thereon that, when executed by a computer, cause the computer to perform
`
`operations comprising:
`
`obtaining contact information of a plurality of second devices;
`initiating discovery of an Internet Protocol (IP) address by using the contact
`information to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facilitating Internet Protocol (IP) based
`communication between the first device and the respective second devices;
`receiving respectiva IP-basad responses to the SMS messages, wherein the IP-
`based responses to the S/IfS messages include location injòrmation qf the respective
`second devices;
`transmitting [P-based messages including a location ofthe first device to the
`respective second devices;
`presenting, via an interactive display ofthe first device, an interactive map
`comprising a plurality ofuser-selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the respective locations ofthe second devices; and
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more ofthe second devices and user
`interaction with the display specifying an action and, based thereon, sending data to the
`one or more second devices. (Emphasis added.)
`
`For reasons that should be apparent from the discussion above, Melen and H y mes do not
`
`teach or suggest at least the above-emphasized elements ofclaim 2 I . Claim 2 I therefore
`
`patentably distinguishes over Melen and Hymes. Withdrawal of the rei ection of claim 2 i is
`
`respectfully requested. Claims 22-28 and 43-48 depend from claim 21 and are allowable for at
`
`least the same reasons.
`
`ACT1Vb185307844. i
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`AG ISTX_O O 0 049 55
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`

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`Case 2:17-cv-00513-JRG Document 175-11 Filed 08/14/18 Page 19 of 23 PageID #: 7448
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`18
`
`11V.
`
`Ilndependent Claim 53
`
`Docket No.: MOC-003
`
`New independent claim 53 is directed to a method comprising performing by a first
`
`device:
`
`obtaining contact information of a plurality of second devices;
`initiating discovery of an Internet Protocol (IP) address by using the contact
`information to send, to the second devices, re