Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 1 of 22 PageID #: 7324
`Case 2:17-cv—00513-JRG Document 175-7 Filed 08/14/18 Page 1 of 22 PageID #: 7324
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`EXHIBIT 6
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`EXHIBIT 6
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 2 of 22 PageID #: 7325
`
`Application NC).: 11/615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`in re application of: BEYER, JR., Malcolm K.
`
`Serial No.: 11/615,472
`
`Filed: December 22, 2006
`
`For: METHOD OF ESTABLISHIING A CELL
`PHONE NETWORK OF PARTICIPANTS
`WITH A COMMON INTEREST
`
`Confirmation No.: 1937
`
`Group Art Unit: 2617
`
`Examiner: OIBAYANJU, Omoniyi
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 223 13-1450
`
`February 23, 2011
`
`Filed Electronically
`
`RESPONSE AND AMENDMENT
`
`Dear Sir:
`
`In response to the Office Action dated October 27, 2010, please amend the above
`
`referenced patent application as follows and consider the remarks below. Applicant hereby
`
`submits a petition for a one-month extension of time, thereby extending the time to respond to
`
`Febniary 27, 2011, The Commissioner is authorized to charge any additional fees due or credit
`
`any overpayment to Deposit Account 13-1130.
`
`Please add new claims 7 - 10 and amend the claims 2 - 6 as shown on pages 2 - 8.
`
`Remarks begin on page 9.
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`AG ISTX_O O O O 0 537
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 3 of 22 PageID #: 7326
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`CLAIM AMENDMENTS
`
`Please amend the claims (stiiloethrough indicating deletion and underline indicating
`
`insertion) as follows:
`
`i .
`
`2.
`
`(Cancelled)
`
`(Currently amended) A method of communicating among a group of participants
`
`each having a PDA or Smart cell phone having a touch display screen. an associated GPS and
`
`Advanced Communications Software (ACS) allowing ail celi phone users to exchange data
`
`through a remote server comprising the steps of establishing a network of participants who
`
`exchange and display identity, location, status and, optionally, personal data; establishing a
`
`polling network of said participants; each participant of said network having a PIDA display
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`symbol on the PDA display screen representing each specific participant in the network; using a
`
`remote server to automatically send data displaying ail polled participant's geographical locations
`
`on each PDA participant's display screen continuously in real time automatically once a
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`participant has been identified to said remote server; and commanding and involuntly forcing
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`displaying geographical information in real time of any other network participants whose phone
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`numbers have been previously entered in a database on each phone or on the server to commence
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`reporting on the network and to receive data from all active network participants on the network.
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`3 .
`
`(Currently amended) A method as in claim 2, including the step of:
`
`providing an all report network where each network participant starts reporting on the
`
`network upon activation and commences to automatically be displayed in real time and receive
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`data from all active network participants on the network and once activated, forcing
`2
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`AG ISTX_O O O O 0 53 8
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 4 of 22 PageID #: 7327
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`automatically causing all report network participants to display the data from all other network
`
`participants showing geographical information regarding each participant on the screen in real
`
`time.
`
`4.
`
`(Currently amended) A method as in claim 2, including the step of:
`
`providing a common interest network where each network participant is automatically
`
`displayed on the PDA screen of each participant and reports to all others who have identified
`
`themselves as having a common interest or are members of a particular type of organization and
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`forcing automatically causing all network participants to display the other network participants'
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`data by symbol on the PDA display screen of each identified participant.
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`5.
`
`(Currently amended) A method as in claim 2, including the step of:
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`providing a friends and family network such that each network participant only exchanges
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`data automatically with those friends or family members whose phone numbers or IP addresses
`
`have been previously entered in a database on each phone or on the server, and upon the
`
`participants sending its data to the server, forcing causing automatically all othcr other family
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`members who have activated the ACS software to display the network participants' geographical
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`location in real time data on the display screen of each PDA.
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`6.
`
`(Currently amended) A method for establishing totally anonymous voice and data
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`communications among a group of participants each desiring to establish a social contact with a
`
`heretofore unknown person for dating or other purposes that includes the use of a network of
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`ACS software programs enabled PIDA or Smart cell phones having a GPS and 800 number
`
`3
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`AG ISTX_O O O O 0 539
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 5 of 22 PageID #: 7328
`
`Application NC).: 11/615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`bridging application software and a server with ACS software program whose function is to
`
`establish a network of the celi phones comprising the steps of:
`
`a.
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`providing a network of participants each having a specific cell phone with
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`the appropriate communication software for establishing dating contacts using the cell phone;
`
`ai.
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`providing a remote server with ACS software program establishing
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`server that establishes a network of said participants cell phones for etablihing dating contacth
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`by receiving and retransmitting location, status, identity, and dating information between network
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`participants;
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`b.
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`locating and communicating with ethe network participants who wish to
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`bejoined in the dating process using the celi phones;
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`c.
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`providing in each cell phone a menu for entering personal data of the cell
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`phone user including personality information such as but not limited to: dating name (which need
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`not be the person's real name), age, sex, race, marital status and interest areas, each of which may
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`have its own assigned symbol type and I or color;
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`d. providing each celi phone a menu for entering personal dating selection criteria
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`of the type of person desired including but not limited to such information as age, sex, race,
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`interest area. and marital status;
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`e.
`
`causing
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`the
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`operator's
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`geo-referenced map
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`symbol
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`to
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`appear
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`geographically superimposed on the display map of the PDA cell phone which is then
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`continuously and automatically sent in real time to the remote private ACS lip server for
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`retransmission to other participants in the network dating group;
`4
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`AG ISTX_O O O O 0 540
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`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 6 of 22 PageID #: 7329
`
`Application NC).: 11/615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`f.
`
`having members of the network participants transmit location status and
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`personal information to other network participants for display on each of the cell phone
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`participant' s display screens according to time period or distance travelled to a remote private
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`ACS IP server for retransmission to each network participant for display on each of the cell
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`phone participants' display screens as geo-referenced map symbols;
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`g.
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`forcing automatically causing other members with ACS software to
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`receive and process and update the location, status and identity the data when the data is
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`received, while providing a selection process whereby each user can choose to display only those
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`symbols that meet his or her dating criteria;
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`h.
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`placing totally anonymous voice calls or sending anonymous data between
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`the two parties by touching their symbol on the screen and selecting the appropriate soft switch
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`whereby the parties may converse vocally by celi phone messages, photographs, video or; and
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`i.
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`enabling the remote private ACS IP server to compare dating desires and
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`to a cause compatible ACS PDA to display a modifier around symbols that meet the PDA's
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`dating requirements; and
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`\
`
`-d-
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`blocking voice calls, messages, photographs, video or from designated
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`parties.
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`7 .
`
`(New) A method of communicating among a group of participants that are polled
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`to commence continuous and automatic reporting, each having a PDA or Smart cell phone
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`having a touch display screen, an associated GPS and Advanced Communications Software
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`5
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`AG ISTX_O O O O 0 54 1
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 7 of 22 PageID #: 7330
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`( ACS) allowing all cell phone users to exchange data through a remote server comprising the
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`steps of:
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`establishing a network of participants who exchange and display identity, location, status
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`and, optionally, personal data; establishing a polling network of said participants, each
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`participant of said network having ACS loaded on the participant's PIDA along with a display of
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`geo-referenced map screen symbols representing the participant' s own and that of each of the
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`other specific participants in the network; network participants being requested to join the
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`network via a polling message, whereupon the participants commence to continuously and
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`automatically report their location, status and identity data to a remote private ACS IP server
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`which retransmits their data to ali others on the polled network; once polled, each PDA
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`continuously and automatically reporting its location, status and identification to the remote
`
`private ACS IP server according to a time period or distance traveled ; the remote private ACS IP
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`server then automatically transmitting the received location, status and identity information to all
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`previously polled network participants so that all polled participants' geographical locations,
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`identity and status information are automatically displayed on a map on each PIDA participant's
`
`display screen continuously and automatically updated with each received report in real time.
`
`8.
`
`(New) A method as in claim 7, including the step of:
`
`providing an all report network where each network participant with ACS upon
`
`activation starts continuously automatic location, status and identification reporting to the remote
`
`private ACS IP network server its location, identity and status information according to time
`
`period and distance traveled and automatically receives from the remote private ACS IP server
`6
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`AG ISTX_O O O O 0 542
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`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 8 of 22 PageID #: 7331
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`the location, identity and status information from all the other network participants; the received
`
`location, status and identification information from the other network participants being
`
`automatically displayed, as the information is received, as geo-referenced symbols on the ACS
`
`PDA screens in real time.
`
`9.
`
`(New) A method as in claim 7, including the step of:
`
`providing a common interest network where each network participant in the common
`
`interest group continuously and automatically reports according to time period or distance
`
`traveled location, status and identity information through a remote private ACS IP server to all
`
`others who have entered the same common interest or organization in their ACS PDAs; receipt
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`of the location, status and identification information causing geo-referenced symbol locations,
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`status and identity information data to be automatically displayed on the PDA screen of each of
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`the network participants; the location, status and identification displayed geo-referenced map
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`symbols being automatically updated in real time as reports are received from the private remote
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`ACS Server.
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`io.
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`(New) A method as in claim 7, including the step of:
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`providing a friends and family network such that each network participant's ACS
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`transmits to the remote private ACS IP server the phone numbers or license numbers of the
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`friends and family members with whom the exchange of geo-referenced location, status and
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`identity data is desired; once the phone numbers or license numbers have been transmitted to the
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`remote private ACS server, the ACS PIDA automatically commences to continuously report its
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`location, status and identification information according to time period or distance traveled to the
`7
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`AG ISTX_O O O O 0 543
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 9 of 22 PageID #: 7332
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`remote private ACS IP server; the ACS IP server then oniy transmitting the received location,
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`status and identity information to those friends or family members whose phone numbers or
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`license numbers are common with those in the database on each phone; Upon receipt of location,
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`status and identification from a friends and family group members, the ACS PDA software
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`displaying each network participants' geo-referenced map symbol's location, identity and status
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`information in real time on the PDA' s display screen.
`
`ri:
`
`ri.
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`AG ISTX_O O O O 0 544
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`

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`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 10 of 22 PageID #: 7333
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`Claim Rejections - 35 U.S.C. § 112
`
`REMARKS
`
`The Examiner's rejection of Claims 2 - 6 under 35 U.S.0 § i 12, first paragraph, as failing
`
`to comply with the written description requirement is respectfully traversed.
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`Applicant has amended Claims 2 - 6 to overcome the Examiner's rejection. The subject
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`matter that the Examiner asserts was not described in the specification to reasonably convey to
`
`one skilled in the relevant art that the inventor at the time the application was flied had
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`possession of the claimed invention has been removed.
`
`Claim Rejections - 35 U.S. C. S J3
`
`The Examiner's rejection of Claims 2 - 6 under 35 U.S.C. § 103(a) as being unpatentabie
`
`over Crowley et al, (US Patent No. 7,593,740) in view of Zhovnirovsky et ai, (US Patent
`
`Application Publication No. 2006/0030339) is respectfully traversed. The Crowley et al.
`
`reference describes a social network using cell phones that is different structurally and
`
`functionally from Applicant's claimed invention in Claims 2 - 6. Crowley et al. discloses a
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`method for establishing connection between users of mobile devices. However:
`
`i. PROCESSING ON THE SERVER VS HANDSET
`
`Crowley et ai. uses the described social networking web server to provide processing for the
`
`handset via SMS messages which are manually entered into the cell phone. Data is then directed
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`to the web server which decides to which phones to send SMS data. The Applicant' s method
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`does not use the server to provide processing for the celi phone but rather uses application
`
`software preloaded on the PDA.
`
`9
`
`AG ISTX_O O O O 0 545
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 11 of 22 PageID #: 7334
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`2. PRE-ENTRY OF DATA TO A WEB SERVER
`
`Crowley et ai. requires the pre-entry of social networking personal data and data concerning
`
`friends into a public web site prior to adding a participant to a social network. The Applicant' s
`
`method does not use a public web site.
`
`3. CONTINUOUS AND AUTOMATIC TRANSMISSION OF LOCATION
`
`Crowley et al. uses the described web server which sends social networking data upon the
`
`entry of data by the users. Crowley et ai. does not automatically and continuously transmit
`
`location, status and identification data. The Applicant' s method automatically and continuously
`
`sends location information based on time since its last transmission period or distance traveled
`
`since its last transmission or a sensor input to a remote private ACS IP server which then
`
`automatically and continuously relays the data to all on the network. See Figures 2a, 2b, 2c, 2d
`
`and 3a. The received map location data is then automatically displayed on ali the PDAs on the
`
`network.
`
`4. ENTRY OF PHONE NUMBERS I E MAIL ADDRESSES
`
`Crowley et ai. requires the entry of phone numbers or e-mail addresses into the web site to
`
`enable the web server to establish the networks between individuals. The Applicant' s claims 3, 4
`
`and 6 do not require the entry of either e-mail addresses or phone numbers to establish networks,
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`but rather transmit an IP address to the remote private ACS IP server. The ACS server then
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`sends the data to the other applicable IP addresses. The Applicant's Claim 2 uses a phone number
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`to send a SMS message directly to other ACS equipped celi phones polling (commanding) them
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`to commence automatically and continuously reporting IP messages to the remote private ACS
`
`io
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`AG ISTX_O O O O 0 546
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`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 12 of 22 PageID #: 7335
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`IP server. The Applicant's Claim 6 uses a phone number OR license number to provide
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`identification information to the remote private ACS IP server.
`
`5. USE OF TEXT MESSAGE
`
`Crowley et al. makes extensive use of SMS text messages which are sent to and received
`
`from the server, Applicant's method does not use text messages in establishing its remote private
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`ACS IP server network but only uses IP message traffic to send to the ACS server the latitude
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`and longitude, status and identity information. This data is then automatically and continuously
`
`relayed to all on the network. In all claims, except the Applicant's Claim 2, SMS messages are
`
`not used but rather all communications are IP to the ACS Server. In the Applicant' s Claim 2,
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`SMS messages are used to poli network participants to commence continuously and automatic
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`reporting of their location status and identity information to the remote private ACS IP server for
`
`retransmission to ali on the network.
`
`6. SOCIAL NETWORKING VS COMMAND DISPLAY OF LOCATION
`
`Crowley et ai. is a social networking where the server decides which information about
`
`friends or friends of friends location information to send to which network participants. The
`
`Applicant's method is that all on the network always view all others' real time location, status
`
`and identity information that is geo-referenced and overlaid on a map. The Crowley et ai patent
`
`revolves around a social networking concept to permit people to find other people if they are
`
`acquaintances and are located at specific locations . The users are notified that there are others in
`
`the area with whom, for different reasons. they may want to establish communications.
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`Communications then depend on the individuals deciding that they want to exchange data. The
`
`i i
`
`AG ISTX_O O O O 0 547
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 13 of 22 PageID #: 7336
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`transmitter decides to transmit data; the receiver of the data may or may not respond. The
`
`Applicant's method revolves around establishing data exchange that is automatic between
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`network participants and about which, once the software has been activated, the user has no
`
`control. As an example, in the Applicant's Claim 2, Figure 2.a, the operator uses a SMS message
`
`to command another unit to commence automatic and continuous location, status and identity
`
`information. The recipient' s computer automatically responds ; the recipient cannot take any
`
`action to preclude the response from occurring, the computers decide to exchange data with no
`
`input from the user. The only way that the user can preclude a response is not to activate or close
`
`the application software. This same logic can be seen in the Applicant' s Claims 3 - 6 (Figures 2b,
`
`2c, 2d and 3a) also require that once the software is activated all data exchange is automatic,
`
`7. CONSTANTLY CHANGING RELATIONSHIPS
`
`Crowley et ai. is a social networking where the relationships between individuals are based
`
`on data entry by the social network participants. The Applicant' s method has fixed relationships
`
`that are not changed once communications are established to the remote private ACS IP server.
`
`8. TOTALLY ANONYMOUS VOICE ANID DATA COMM[JNIICATIONS
`
`Crowley et al. requires the entry data about friends and friends of friends into a public web site.
`
`The Applicant's Claim 6 method does not require the ently of data about friends and friends of
`
`friends nor the entry of other' s phone iïumbers, E mail addresses, names or any other criteria. The
`
`Applicant's only uses the IP address of the remote private ACS IP server to establish
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`communications between all participants on the network thus enabling totally anonymous data
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`and voice communications.
`
`12
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`AG ISTX_O O O O 0 548
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 14 of 22 PageID #: 7337
`
`Application NC).: i 11615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`9. ZHOVNIROVSKY
`
`Zhovnirovsky et al. is functionally and structurally quite different from the method claimed
`
`in Applicant' s Claims 2 -6 as it does not use a server but rather pointedly uses a peer to peer
`
`transmission of an SMS message to the selected recipient that causes the recipient to directly
`
`respond with a SMS location message to the transmitter of the cell phone requesting the location
`
`report.
`
`It is the Applicant's position that even if the Crowley et al. method were combined with the
`
`method taught in Zhovnirovsky et ai., Applicant's claimed invention would not result in the
`
`Applicant's claimed invention because in our Claims 2 - 6:
`
`1. The Applicant's method does not use a remote server to provide the display and machine
`
`processing but rather performs this processing on each PDA;
`
`2. The Applicant' s method does not require a public web service;
`
`3. Location, status and identity information is automatically constantly transferred in real
`
`time showing geographical information on a display screen of each participant
`
`symbolically on a polled network, a common interest network, an ali report network, a
`
`friends and family network or a social (dating) network;
`
`4. For Claims 3, 4, and 6, it is not necessary to know the other net participants phone
`
`numbers,
`
`e-mail
`
`addresses,
`
`or
`
`any
`
`data
`
`about
`
`them permitting
`
`anonymous
`
`communications;
`
`5. For Claims 2, 3, 4, 5 and 6, location, status, and identity is automatically and constantly
`
`sent through a remote private ACS IP server so that all network participants automatically
`13
`
`AG ISTX_O O O O 0 549
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 15 of 22 PageID #: 7338
`
`Application NC).: 11/615,472
`Attorney Docket No.: 10963.3809
`[DATENT
`
`view the location of all other network participants in real time;
`
`6. Crowley et ai. and Zhovnirovsky et ai do not mention anonymous data or voice
`
`communications.
`
`it is the Applicant's position that the Examiner has failed to establish a prima facie case of
`
`obviousness with respect to Claims 2 - 6.
`
`Res pectfully submitted,
`
`IBarry L. Haley!
`Barry L. Haley, Esq. (Reg. No. 25,339)
`
`Customer No. : 22235
`Malin Haley DiMaggio Bowen & Lhota, PA.
`1936 South Andrews Avenue
`Fort Lauderdale, FL 33316
`Telephone: (954) 763-3303
`Facsimile: (954) 522-6507
`Email: info Q tnhdpatents .com
`
`I:\10000\10963\3809t10 L'lO\l l_(esp to OA MaUed 1()-27-lOdoc
`
`14
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`AG ISTX_O O O O 0 550
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`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 16 of 22 PageID #: 7339
`
`PTO!SB/22 (07-09)
`Approved for use through 07/31/2012, 0MB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARMENT OF COMMERCE
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`
`PETITION FOR EXTENSION OF TIME UNDER 37 CFR 1.136(a)
`FY2009
`(Fees pursuant to the Consolidated Appropriations Act, 2005 (HR. 4818).)
`AppIcabon Number 11/615,472
`
`Docket Number (OptonaI)
`
`10963.3809
`
`FIed December22, 2006
`
`For METHOD OF ESTABLISHING A CELL PHONE NETWORK OF PARTICIPANTS WITH A COMMON INTl
`
`Art Unit 2617
`
`ExaminerOBAYANJU, Omoniyi
`
`I
`
`This is a request under the provisions of 37 0FR I . I 36(a) to extend the period for filing a reply in the above identified
`application.
`
`The requested extension and fee are as follows (check time period desired and enter the appropriate fee below):
`Small Entity Fee
`
`$65
`
`$245
`
`$555
`
`$865
`
`$ 65
`
`$
`
`$
`
`$ _____________
`
`One month (37 CFR 1.17(a)(1))
`E Two months (37 CFR 117(a)(2))
`E Three months (37 CFR 1.17(a)(3))
`Four months (37 CFR 117(a)(4))
`E Five months (37 CFR 1.17(a)(5))
`EI Applicant claims small entity status. See 37 CFR I 27.
`D A check in the amount of the fee is enclosed.
`D Payment by credit card. Form PTO-2038 is attached.
`D The Director has already been authorized to charge fees in this application to a Deposit Account.
`EI The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to
`DepositAccountNumber 13-1130
`WARNING: Information on this form may become public. Credit card information should not be included on this form.
`Provide credit card information and authorization on PTO-2038.
`
`E.
`$130
`
`$490
`
`$1110
`
`$1730
`
`$2350
`
`$1175
`
`$ _____________
`
`I am the E applicant/inventor.
`
`assignee of record of the entire interest. See 37 0FR 3.71.
`Statement under 37 0FR 3.73(b) is enclosed (Form PTO/SB/96).
`attorney or agent of record. Registration Number 25,339
`E attorney or agent under 37 0FR 1.34.
`
`Registration number if acting under 37 0FR 1.34 _______________________
`
`/barry I. haley!
`
`Signature
`
`Barry L. Haley
`
`Typed or printed name
`
`February 23, 2011
`
`Date
`
`(954) 763-3303
`
`Telephone Number
`
`NOTE: Signatures of all the inventors or assignees of record of the entire interest or their mpresentative(s) are required . Submit multiple forms if more than one
`signature is required, see below.
`Total of
`forms are submitted.
`This collection of information is required by 37 CFR 1 .1 36(a). The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1 .1 1 and I .14. This collection is estimated to fake 6 minutes to
`complete, including gathering. preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this fonii and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office. U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box I 450, Alexandria, VA 22313-1450.
`Ifyou ,ieed assistance ¡n completing the form, cal! 1-800-PTO-9 199 and select option 2.
`
`AG ISTX_0 O O O 0 55 1
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 17 of 22 PageID #: 7340
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
`the requirements of the Act, please be advised that: (1 ) the general authority for the collection of this
`information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the
`principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process
`and/or examine your submission related to a patent application or patent. If you do not furnish the
`requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine
`your submission, which may result in termination of proceedings or abandonment of the application or
`expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`i . The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.0 552a). Records
`from this system of records may be disclosed to the Department of Justice to determine
`whether disclosure of these records is required by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures
`to opposing counsel in the course of settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when
`the individual has requested assistance from the Member with respect to the subject matter
`ofthe record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements ofthe Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of
`the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 2 18(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the
`Administrator, General Services, or his/her designee, during an inspection of records
`conducted by GSA as part of that agency's responsibility to recommend improvements in
`records management practices and programs, under authority of 44 U.S.C. 2904 and 2906.
`Such disclosure shall be made in accordance with the GSA regulations governing
`inspection of records for this purpose, and any other relevant (i.e. , GSA or Commerce)
`directive. Such disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after
`either publication ofthe application pursuantto 35 U.S.C. 122(b)or issuance ofa patent
`pursuant to 35 U.S.C. I 51 . Further, a record may be disclosed, subject to the limitations of
`37 CFR 1.14, as a routine use, to the public ifthe record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal,
`State, or local law enforcement agency, if the USPTO becomes aware of a violation or
`potential violation of law or regulation.
`
`AG ISTX_O O O O 0 552
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 18 of 22 PageID #: 7341
`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`11615472
`
`22-Dec-2006
`
`.
`
`Title of Invention:
`
`.
`
`METHOD OF ESTABLISHING A CELL PHONE NETWORK OF PARTICIPANTS
`WITH A COMMON INTEREST
`
`First Named Inventor/Applicant Name:
`
`Malcolm K. Beyer, JR.
`
`Filer:
`
`Barry Lee Haley/Amy Allen
`
`Attorney Docket Number:
`
`10963.3809
`
`Filed as Small Entity
`
`Utility under 35 Usc i i i (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`Extension - 1 month with $0 paid
`
`2251
`
`1
`
`65
`
`65
`
`AG ISTX_O O O O 0 553
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 19 of 22 PageID #: 7342
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`I
`
`Sub-Total in
`USD($)
`
`Miscellaneous:
`
`Total in USD ($)
`
`65
`
`AG ISTX_O O O O 0 554
`
`

`

`Case 2:17-cv-00513-JRG Document 175-7 Filed 08/14/18 Page 20 of 22 PageID #: 7343
`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`9499096
`
`11615472
`
`International Application Number:
`
`Confirmation Number:
`
`1937
`
`.
`
`Title of Invention:
`
`.
`
`METHOD OF ESTABLISHING A CELL PHONE NETWORK OF PARTICIPANTS
`WITH A COMMON INTEREST
`
`First Named Inventor/Applicant Name:
`
`Malcolm K. BeyerJR.
`
`Customer