Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 1 of 29 PageID #: 7375
`Case 2:17-cv—00513-JRG Document 175-9 Filed 08/14/18 Page 1 of 29 PageID #: 7375
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`EXHIBIT 8
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`EXHIBIT 8
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`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 2 of 29 PageID #: 7376
`
`USED IN LIEU OF PTOISBI36 (07-09)
`
`RESCISSION OF PREVIOUS
`NONPUBLICATION REQUEST
`(35 USC. 122(b)(2)(B)(ii))
`AND, IF APPLICABLE,
`NOTICE OF FOREIGN FILING
`(35 U.S.C. 122(b)(2)(B)(iii))
`
`A I
`
`r
`
`t
`ca ion
`
`N
`
`um er
`b
`
`14/633,804-Conf. #8573
`
`Filing Date
`First Named Inventor Malcolm K. Beyer, Jr.
`
`February 27, 2015
`
`Title
`
`METHOD TO PROVIDE AD HOC AND PASSWORD
`PROTECTED DIGITAL AND VOICE NETWORKS
`
`Send completed form to:
`Mail Stop PG Pub
`Commissioner for Patents
`P.O. Box1450
`Alexandria, VA 22313-1450
`FAX: (571 ) 273-8300
`
`_________________________________________
`
`Atty Docket Number
`
`Art Unit
`
`Examiner
`
`.
`
`MOC-005
`
`2646
`
`O. Obayanju
`
`A request that the above-identified application not be published under 35 U.S.C. 122(b) (nonpublication request) was
`included with the above-identified application on filing pursuant to 35 U.S.C. 122(b)(2)(B)(i).
`I hereby rescind the previous nonpublication request.
`
`Ifa notice offoreign or international filing is orwill be required by 35 U.S.C. 122(b)(2)(B)(iii) and 37 CFR 1.213(c), I
`hereby provide such notice. Thic notice is being provided no later than forty five (45) days after the date of such foreign
`or international filing.
`
`If notice ofcubceguontforeign orinternotionolfiling required by 35 U.S.C. 122(b)(2)(B)(iii) ond 37 CFR 1.213(c) woc
`not fl/cd
`dciy oftcr thc dotc of filing of tho forcign or intornotionol opplicotion, tho Qpplicotion is
`forty fivc
`within
`(45)
`petition
`ABANDONED, sod a
`under
`to revive
`37 CFR 1. 137(b) ¡s required. See 37 CFR 1. 137(f).
`
`/Daniel J. Burns!
`Signature
`
`Daniel J. Burns
`Typed or printed name
`
`(650) 752-3137
`Telephone Number
`
`November 13, 2015
`Date
`
`50,222
`Registration Number, if applicable
`
`This request must be signed in compliance with 37 CFR 1.33(b).
`
`If information or assistance is needed in completing this form, please contact the Pre-Grant Publication Division
`at (703)605-4283 or by e-mail at PGPub@USPTO.gov.
`
`ACTIVE/8425 1301.1
`
`AGISTX_00004287
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 3 of 29 PageID #: 7377
`
`Mr.
`
`Malcolm
`
`K.
`
`Beyer
`
`Jr.
`
`Jupiter
`
`FL
`
`US
`
`92 Lighthouse Drive
`
`Jupiter
`
`FL
`
`33469
`
`2 M
`
`r.
`
`Christopher
`
`R.
`
`Rice
`
`Redmond
`
`WA
`
`Corrected Application Data Sheet
`
`Inventor Information
`
`Inventor Number::
`
`Name Prefix::
`
`Given Name::
`
`Middle Name::
`
`Family Name::
`
`Name Suffix::
`
`City of Residence::
`
`State or Province of Residence::
`
`Country of Residence::
`
`Street of mailing address::
`
`City of mailing address::
`
`State or Province of mailing address::
`
`Postal or Zip Code of mailing address
`
`Inventor Number::
`
`Name Prefix::
`
`Given Name::
`
`Middle Name::
`
`Family Name::
`
`City of Residence::
`
`State or Province of Residence::
`
`Page # I
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AG ISTX_0 O 0 0428 8
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 4 of 29 PageID #: 7378
`
`Country of Residence::
`
`Street of mailing address::
`
`City of mailinQ address::
`
`State or Province of mailing address::
`
`Postal or Zi Code of mailing address::
`
`US
`
`P.O. Box 3583
`
`Redmond
`
`WA
`
`98073
`
`Correspondence Information
`
`Correspondence Customer Number::
`
`22235
`
`Email Address::
`
`info@mhdpatents.com
`
`Application Information
`
`Application Number::
`
`Filing Date::
`
`Application Type::
`
`Subject Matter::
`
`CD-ROM or CD-R?::
`
`Sequence submission?::
`
`Computer Readable Form (CRF)?::
`
`Title::
`
`I 41633M04
`
`02/27/15
`
`Regular
`
`Utility
`
`Non e
`
`None
`
`No
`
`METHOD TO PROVIDE AD HOC
`AND PASSWORD PROTECTED
`DIGITAL AND VOICE NETWORKS
`
`Attorney Docket Number::
`
`Request for Early Publication?::
`
`Request for Non-Publication?::
`
`i 0963.3835
`
`No
`
`es No
`
`Page # 2
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AGISTX_00004289
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 5 of 29 PageID #: 7379
`
`No
`
`7 N
`
`o
`
`No
`
`Small Entity?::
`
`Drawing Sheets::
`
`Petition included?::
`
`Portions or all of the application associated with
`
`this Application Data Sheet may fall under a
`Secrecy Order pursuant to 37 CFR 5.2::
`
`Authorization to Permit Access to the Instant
`Application by the Participating Offices::
`
`Representative Information
`
`Representative Customer Number::
`
`22235
`
`Domestic Priority Information
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Pending
`
`I 4/695,233
`
`Continuation of
`
`I 4/529,978
`
`10/31/2014
`
`Patented
`
`14/529,978
`
`Continuation in Qart of
`
`14/027,410
`
`09/16/2013
`
`Page # 3
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AG ISTX_O O 0 0429 0
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 6 of 29 PageID #: 7380
`
`Patent Number::
`
`Issue Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Patent Number::
`
`Issue Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Patent Number::
`
`Issue Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`8,880042
`
`11/04/2014
`
`Patented
`
`14/027,410
`
`Continuation of
`
`13/751 453
`
`01/28/2013
`
`8,538,393
`
`09/17/2013
`
`Patented
`
`13/751,453
`
`Continuation in part of
`
`12/761,533
`
`04/16/2010
`
`8,364,129
`
`01/29/2013
`
`Patented
`
`12/761,533
`
`Continuation in part of
`
`11/615,472
`
`12/22/2006
`
`Page #4
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AGISTX_00004291
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 7 of 29 PageID #: 7381
`
`Patent Number::
`
`Issue Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Patent Number::
`
`Issue Date::
`
`Prior Application Status::
`
`Application Number::
`
`Continuity Type::
`
`Prior Application Number::
`
`Filing Date::
`
`Patent Number::
`
`Issue Date::
`
`Foreign Priority Information
`
`8,126441
`
`02/28/2012
`
`Patented
`
`11/615,472
`
`Continuation in part of
`
`I 1/308,648
`
`04/17/2006
`
`7,630,724
`
`12/08/2009
`
`Patented
`
`I 1/308,648
`
`Continuation in part of
`
`10/711,490
`
`09/21/2004
`
`7,031 728
`
`04/I 8/2006
`
`Page # 5
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AGISTX_00004292
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 8 of 29 PageID #: 7382
`
`Applicant Information
`
`Assignee Information Including Non-Applicant Assignee Information
`
`Signature:
`
`NOTE: This form must be signed in accordance with 37 0FR i .33. See 37 0FR i .4 for signature
`requirements and certifications.
`/Daniel J. Burns!
`Signature
`
`Date
`
`November 13, 2015
`
`Name
`
`Daniel J. Burns
`
`Registration Number
`
`50,222
`
`Page # 6
`
`Corrected 14633804 02/27/2015 11/13/2015
`
`AG ISTX_O O 0 0429 3
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 9 of 29 PageID #: 7383
`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`24080366
`
`14633804
`
`International Application Number:
`
`Confirmation Number:
`
`8573
`
`.
`
`Title of Invention:
`
`.
`
`METHOD TO PROVIDE AD HOC AND PASSWORD PROTECTED DIGITAL AND
`VOICE NETWORKS
`
`First Named Inventor/Applicant Name:
`
`Malcolm K. Beyer
`
`Customer Number:
`
`22235
`
`Filer:
`
`Daniel J. Burns/Deanna Bridges
`
`Filer Authorized By:
`
`Daniel J. Burns
`
`Attorney Docket Number:
`
`MOC-005
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`13-NOV-2015
`
`27-FEB-2015
`
`17:01:19
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`no
`
`File Listing:
`
`Document
`Number
`
`i
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Pages
`Part /.zip (if appi.)
`
`MOC-005_Amendment_Respo
`nse, pdf
`
`156664
`
`2h
`
`yes
`
`is
`
`AGISTX_00004294
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 10 of 29 PageID #: 7384
`
`Multipart DescriptiontPDF files in .zip description
`
`Document Description
`
`Start
`
`End
`
`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Specification
`
`CIims
`
`ApplicantArguments/Remarks Madein an Amendment
`
`i
`
`2
`
`3
`
`10
`
`i
`
`2
`
`9
`
`15
`
`Warnings:
`
`I nfo rmati on:
`
`2
`
`Examination support document
`
`MOC-005 Priority Claim Petiti
`on.pdf
`
`154729
`
`no
`
`2
`
`Warnings:
`
`I nfo rmati on:
`
`3
`
`Rescind Nonpublication Request for Pre
`Grant Pub
`
`MOC-005_Rescission_Nonpubli
`cationpdf
`
`1 1051 1
`
`G3cfO436432b2ddIO8478h91 5db73
`l44
`
`Warnings:
`
`I nfo rmati on:
`
`4
`
`Application Data Sheet
`
`MOC-005_Corrected_ADS,pdf
`
`no
`
`6
`
`63575
`
`Warnings:
`
`I nfo rmati on:
`
`This is not an USPTO supplied ADS fillable form
`
`Total Files Size (in bytes)
`
`485479
`
`AG ISTX_0 O 0 0429 5
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 11 of 29 PageID #: 7385
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. lt serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New ADplications Under 35 U.S.C. i il
`Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d)and MPEP 506), a Filing Receipt (37 CFR 1.54)will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International ApDlication under 35 U.S.C. 371
`Ifa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCTIDO/E01903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCI Article i i and MPEP 1 81 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCl/RO/l 05) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`AG ISTX_0 0 0 0429 6
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 12 of 29 PageID #: 7386
`
`Docket No.: MOC-005
`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Malcolm K. Beyer, Jr. et al.
`
`Application No. : 14/633,804
`
`Confirmation No.: 8573
`
`Filed: February 27, 20 1 5
`
`For: METHOD TO PROVIDE AD HOC AND
`PASSWORD PROTECTED DIGITAL AND
`VOICE NETWORKS
`
`Art Unit: 2646
`
`Examiner: O. Obayanju
`
`AMENDMENT IN RESPONSE TO NON-FINAL OFFICE ACTION
`UNDER 37 C.F.R.
`1.111
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 223 13-1450
`
`INTRODUCTORY COMMENTS
`
`Iii response to the Office Action dated August 13, 2015, please amend the above-
`
`identified U.S. patent application as follows:
`
`Amenchneiits to the Specification begin 011 page 2 of this paper.
`
`Amendments to the Claims are reflected iii the listing ofclaims which begins on
`
`page 3 of this paper.
`
`Remarks/Arguments begin on page 10 of this paper.
`
`ACT1VEÍ84232869. 2
`
`AGISTX_00004297
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 13 of 29 PageID #: 7387
`
`Application No. 14/633,804
`Ainendmeiit dated November 1 3 , 2015
`Reply to Office Action ofAugust 13,2015
`
`2
`
`[)ocket No.: MC)C-005
`
`AMENDMENTS TO THE SPECIFICATION
`
`Please amend the first paragraph of the specification under the heading CROSS
`
`REFERENCE TO RELATED APPLICATIONS as indicated below. No new matter is added.
`
`[0001] This application is a continuation ofco-pending U.S. Patent Application Serial No.
`
`14/529978 filed on October 3 1 , 20 1 4, which is a continuation-in-tart of U.S. Patent Application
`
`SerialNo. 14/027,410 filed on September 16, 2013, nowU.S. PatentNo. 8,880,042, issued
`
`November 4, 2014, which is a continuation ofU.S. PatentApplication SerialNo. 13/751,453
`
`filed January 28, 2013, now U.S. Patent No. 8,538,393 issued September 17, 2013, which is a
`
`continuation-in-part ofU.S. Patent Application Serial No. 12/761,533 filed on April 16, 2010,
`
`now U.S. PatentNo. 8,364,129 issued January 29, 2013, which is a continuation-in-part of U.S.
`
`Patent Application Serial No. i 1/615,472 filed on December 22, 2006, now U.S. Patent No.
`
`8,126,441 issued on February 28, 2012, which is a continuation-in-part ofU.S. Patent
`
`Application SerialNo. 11/308,648 filedApril 17, 2006, nowU.S. PateniNo. 7,630,724 issued
`
`on December 8, 2009, which is a continuation-in-part ofU.S. Patent Application Serial No.
`
`10/71 1,490, filed on September 21, 2004, now U.S. Patent No. 7,03 1,728 issued on April 18,
`
`2006. All ofthe proceeding preceding applications are incorporated herein by reference in their
`
`entirety
`
`ACT1VEÍ84232869. 2
`
`AG ISTX_O O 0 0429 8
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 14 of 29 PageID #: 7388
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`3
`
`[)ocket No.: MOC-005
`
`AMENDMENTS TO THE CLAIMS
`
`This listing of claims replaces all prior versions and listings of claims in the application:
`
`Listing of Claims
`
`: Currently amended) A computer-implemented method comprising:
`
`with a first device. receiving a message from a second device. wherein the message
`
`relates to joining a group:
`
`based on receiving the message from the second device. participating in the group.
`
`wherein participating in the group includes receiving at various times from one or more de'ice
`
`respective information comp±ing a location ofthe device and sending the location to one or
`
`more other dcvices,seiidiiig first location information to a server and receiving second location
`
`information from the server, the first location information comprising a location ofthe first
`
`device, the second location information comprising a plurality of locations of a respective
`
`plurality ofsecond devices included in the group
`
`rcprctcnting thc location on a rcpcctivc mappresenting. 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 locations ofthe second devices: and
`
`receiving from a first device information indicating user selection ofone or more of the
`
`displayed symbols corresponding to second devices and, based thereon: obtaining a respective
`
`contact information for each of the second devices; and facilitating a respective communication
`
`between the fimt device and each ofthe second dcvice ußing the contact information of the
`
`ocond do'ice.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 soecifving an action and. based thereon. sending data to the one or more second
`
`devices via the server.
`
`2.
`
`(Currently amended) The method ofclaim l wherein a particular communication ish
`data includes a phone call, a short message service message, a voice message, a text message, ni
`
`electronic mail meagc, an image, or a video.
`
`ACT1VEÍ84232869. 2
`
`AGISTX_00004299
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 15 of 29 PageID #: 7389
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`3-4.
`
`(Canceled)
`
`4
`
`[)ocket No.: MOC-005
`
`(Currently amended) The method of claim i, further comprising obtaining, by the first
`
`device. respective wherein particular contact information i a phone number or an Internet
`
`Protocol addrcsaddresses for the second devices.
`
`(i-7.
`
`(Canceled)
`
`8.
`
`(Currently amended) The method ofclaim I wherein a particularthe first device is a
`
`personal digital assistant (PDA) or a personal computer (PCmart phone, a personal data
`
`(Currently amended) The method ofclaim 1, further comprising:
`
`receiving sending. from the first device. a request for a second map from a third device
`
`wherein the request comp±o one or more paramctcr and wherein a parameter specifies a map
`
`location _ or a zoom indication; and
`
`obtaining a second map that conforms to the attributes; and
`
`sending receiving, from the server, the second map _ to the third device.
`
`io.
`
`(Currently amended) The method ofclaim l wherein the first device does not have
`
`access to the phone numbcr& or respective Internet Protocol addresses ofthe second devices.
`
`i i .
`
`(Currently amended) The method of claim l wherein the map is an aerial photograph, a
`
`satellite image, or a chart.
`
`12.
`
`(Currently amended) The method ofelaim I. further comprising sending. by the first
`
`device. undated location information comprising an updated location ofthe 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 ofthe first device,
`
`displacement ofihe first device by a predetermined distance relative to a previous location of the
`
`ACT1VEÍ84232869. 2
`
`AG ISTX_O O 0 043 0 0
`
`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 16 of 29 PageID #: 7390
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`[)ocket No.: MC)C-005
`
`first device, or both. wherein receiving at various times from a particular device information
`
`comprises receiving the information from the particular devico at a time based on one or more
`
`o
`
`speed of the particular device, distance traveled by the particular device, or time.
`
`i 3 .
`
`(Currently amended) A system comprising:
`
`one or more computers a first device programmed to perform operations comprising:
`
`receiving a message from a second device. wherein the message relates to joining
`
`a group:
`
`based ou receiving the message from tile second device, participating in the
`
`group, wherein participating in the group includes receiving at various times from one or
`
`more devices rospective information comprising a location of the device and sending the
`
`location to one or more other dcviccs,sending first location information to a server and
`
`receiving second location information from the server. the first location information
`
`comprising a location ofihe first device, the second location information comprising a
`
`plurality of locations of a respective plurality of second devices included in the group;
`
`representing the location on a respective map;presenting. via an interactive display of the
`
`first device, an interactive map comprising a plurality of user-selectable symbols
`
`corresponding to the plurality of second devices, wherein the symbols are positioned on
`
`the map at respective positions corresponding to the locations of the second devices: and
`
`receiving from a first device information indicating user selection of one or more
`
`ofthc displayed symbols corresponding to second devices and, based thereon: obtaining
`
`a respective contact information for each of the second devices ; _ and facilitating a
`
`respective communication between the first device and each ofthe second devices using
`
`the contact information of the second device.identifying user interaction with the
`
`interactive map selecting one or more of the user-selectable symbols corresponding to
`
`011e 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 via the server.
`
`ACT1VEÍ84232869. 2
`
`AG ISTX_O O 0 043 0 1
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 17 of 29 PageID #: 7391
`
`Application No. 14/633,804
`Ainendmeiit dated November 1 3 , 2015
`Reply to Office Action ofAugust 13,2015
`
`6
`
`[)ocket No.: MC)C-005
`
`14.
`
`(Currently amended) The system ofelairn 13 wherein a particular communication is a
`
`phone call,the data includes a short message service message, a voice rnc&ago, a text message,
`
`qn electronic mail meage, an image, or a video.
`
`15-16. (Canceled)
`
`17.
`
`(Currently amended) The system ofclairn 13 wherein the operations further cornØrise
`
`obtaining respective wherein particular contact information i a phone number or an Internet
`
`Protocol addreaddresses for tile second devices.
`
`i 8- 1 9. (Canceled)
`
`20.
`
`(Currently amended) The system of claim 1 3 wherein a particularthe first device is a
`
`personal digital assistant (PDA) or a personal comuter (PCmart phone, a per&onal data
`
`ai&tant, a tablet computer, a dc&ktop computer, or a laptop computer.
`
`21.
`
`(Currently amended) The system ofclairn 13, wherein the operations further comprise:
`
`receiving sending a request for a second
`
`maps from a third device wherein the request
`
`comprises one or more parameters and wherein a parameter specifies a map location _ or a zoom
`
`indication; and
`
`obtaining a @ccond map that conform& to the aftributc; and
`
`receiving. from the server. &cnding the second map _ to the third device.
`
`22.
`
`(Currently amended) The system ofclaim 13 wherein the first device does not have
`
`access to the phone numbers orresective Internet Protocol addresses ofthe second devices.
`
`23.
`
`(Currently amended) The system ofclaim 13wherein the map is an aerialphotogmph, a
`
`satellite image, or a chart.
`
`24.
`
`(Currently amended) The system ofclairn 13, wherein the operations further comprise
`
`sending updated location information comprising an updated location ofihe first device. the
`
`ACT1VEÍ84232869. 2
`
`AG ISTX_O O 0 043 02
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 18 of 29 PageID #: 7392
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`[)ocket No.: MC)C-005
`
`updated location information being sent based on passage of a predetermined time interval since
`
`sending previous location information comprising a previous location ofthe first device,
`
`displacement of the first device by a predetermined distance relative to a previous location of the
`
`first device, or both. wherein receiving at various times from a panicular device information
`
`compric receiving the information from the particular device at a time bmcd on one or more
`
`of: pccd ofthc particular device, di&tancc traveled by the particular device, or time.
`
`25-30. (Canceled)
`
`31.
`
`(New) The method ofclaim i, further comprising identifying second user interaction
`
`with the interactive map selecting at least one of the user-selectable symbols corresponding to at
`
`least one of the second devices and user interaction with the display specifying an action and,
`
`based thereon, initiating a phone call or phone conference with the at least one second device.
`
`32.
`
`(New) The method ofclaim 1, wherein the message from the second device is a Short
`
`Message Service (SMS) message or a text message.
`
`33.
`
`(New) Tile niethocl of claim i , 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 ofa wireless signal ofthe 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.
`
`34.
`
`(New) The method ofclaim 1, wherein the first device is a smart phone.
`
`35.
`
`(New) The method ofclaim i, further comprising:
`
`with the first device, transmitting a group identifier associated with a second group, the
`
`second group including a second plurality ofsecond devices; and
`
`ACT1VEÍ84232869. 2
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`AG ISTX_O O 0 043 0 3
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 19 of 29 PageID #: 7393
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`[)ocket No.: MC)C-005
`
`based on transmitting the group ideitifier associated with the second group, participating
`
`in the second group, wherein participating in the second group includes receiving third location
`
`information from the server, the third location information comprising a plurality of locations of
`
`the respective second plurality of second devices included in the second group.
`
`36.
`
`(New) The method ofclairn 1, wherein the data includes a voice recording.
`
`37.
`
`(New) The system of claim 13, wherein the operations further comprise identifying
`
`second user interaction with tile interactive map selecting at least one ofthe user-selectable
`
`symbols corresponding to at least oie 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.
`
`38.
`
`(New) The system ofclaim 13, wherein the message from the second device is a Short
`
`Message Service (SMS) message or a text message.
`
`39.
`
`(New) The system ofclairn 13, 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 ofa wireless signal ofthe first device, the second location information comprising a
`
`plurality ofbattcry levels ofthc respective plurality of second devices included in the group
`
`and/or a plurality of signal strengths ofwireless signals ofthe respective plurality of second
`
`devices included in the group.
`
`40.
`
`(New) The system ofclairn 13, wherein the first device is a stuart phone.
`
`41.
`
`(New) The system ofciaim 13, wherein the operations further include:
`
`with the first device, transmitting a group identifier associated with a second group, the
`
`second group including a second plurality ofsecond devices; and
`
`based on transmitting the group identifier associated with the second group, participating
`
`in the second group, wherein participating in the second group includes receiving third location
`
`ACT1VEÍ84232869. 2
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`AG ISTX_O O 0 043 04
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 20 of 29 PageID #: 7394
`
`Application No. 14/633,804
`Amendment dated November 13, 2015
`Reply to Office Action of August 13,2015
`
`[)ocket No.: MC)C-005
`
`information from the server, the third location informatioi comprising a plurality of locations of
`
`the respective second plurality of second devices included in the second group.
`
`42.
`
`(New) The system of claim 13, wherein the data includes a voice recording.
`
`ACT1VEÍ84232869. 2
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`AG ISTX_0 O 0 043 0 5
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 21 of 29 PageID #: 7395
`
`Appicatïon No. 14/633,804
`Ainendmeiit dated November 1 3 , 2015
`Reply to Office Action ofAugust 13,2015
`
`lo
`
`[)ocket No.: MC)C-005
`
`REMARKS
`
`Claims i-5, 7-17, and 19-30 were pending. In the present Amendment, claims i-2, 5, 8-
`
`14, 17, and 20-24 are amended, claims 3-4, 7, 15-16, 19, and 25-30 arc canceled without
`
`prejudice or disclaimer, and new claims 3 1-42 are added.
`
`No new matter is added. Support for the claims amendments and new claims can be
`
`found, for example, in the claims as originally filed, and in U.S. Patent No. 7,630,724 (e.g., in
`
`theAbstract; incol. 3:32-35, 3:42-51, 3:58-63, 6:1-23, 6:44-59, 9:31-47, 10:56-11:15, 12:12-62,
`
`14:60-67, 15:7-16, and 17:45-51; and in FIG. 4). It is noted that the '724 patent was incorporated
`
`by reference into the present application at the time of the present application's filing.
`
`Applicability of Post-AtA Provisions of the Patent Laws to the Present Application
`
`The present application claims the benefit ofU.S. Application No. 14/529,978, which
`
`contains or contained a claim having an effective filing date on or after March 1 6, 2013.
`
`Accordingly, it is understood that the present application will be examined under the posi-AIA,
`
`first-to-file provisions ofthe patent laws. See MPEP 2159.02 (March 2014).
`
`In the Application Data Sheet (ADS) filed on February 27, 2015, prior counsel asserted
`
`that the present application (1) claims priority to or the benefit of an application filed before
`
`March h6, 2013 and (2) also contains, or contained at any time, a claim to a claimed invention
`
`that has an effective filing date on or after March 16, 20 13. This assertion is withdrawn, Since
`
`the present application claims the benefit ofan earlier transition application in which a 37 CFR
`
`1.55 or 37 CFR 1.78 statementhas been filed, the Applicant is not required to (and does not)
`
`express any opinion as to whether the present application contains (or ever contained) such a
`
`claim. See MPEP 2159.04 (March 2014).
`
`Rescission of Nonpublication Refi uest
`
`A Rescission ofPrevious Nonpublication Request is filed herewith. In addition, it is
`
`noted that the Nonpublication Request filed on Februaiy 27, 20 1 5, may have been improper,
`
`because an international application (PCT/US2005/033384) claiming priority to U.S.
`
`Application No. 10/71 1,490 ("the '490 application") was filed prior to the filing ofthe present
`
`application, and the '490 application is included in the priority claim ofthe present application.
`
`ACT1VEÍ84232869. 2
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`AG ISTX_O O 0 043 0 6
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`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 22 of 29 PageID #: 7396
`
`Appicatïon No. 14/633,804
`Ainendmeiit dated November 1 3 , 2015
`Reply to Office Action ofAugust 13,2015
`
`i
`
`[)ocket No.: MC)C-005
`
`Amendments to the Specification
`
`The specification is amended herein to correct an error in the priority claim. In particular,
`
`the priority claim has been corrected to indicate that the U.S. Application No. 14/529,978 is a
`
`continuation-in-part (rather than a continuation) ofU.S. Application No. 14/027,410. The same
`
`correction is included in the Corrected Application Data Sheet (ADS) filed herewith. MPEP
`
`§ 2 1 1 .03 states that no petition or surcharge is required for correcting a timely submitted benefit
`
`claim to correct the indicated relationship between applications from "continuation" to
`
`"continuation-in-part." Accordingly, entry of the correction and issuance of an updated Filing
`
`Receipt are respectfully requested.
`
`In addition, for the Examiner's benefit, it is noted that a Petition to Accept an
`
`Unintentionally Delayed Priority Claim Under 35 U.S.C. § 120 was filed in U.S. Patent No.
`
`8,364, 129 ("the ' 129 patent") on September 2 1 , 2015. The present application claims priority to
`
`the ' 129 patent, and claims priority through the ' 129 patent to other issued patents identified in
`
`the Petition. A copy of the Petition is filed herewith, for the Examiner's reference.
`
`Claim Objections
`The Office Action objected to informalities in claims 7 and 19, which have been
`
`canceled. Accordingly, these objections are moot.
`
`Claim Rejections Under 35 U.S.C.
`In the Office Action, independent claims i and 13 were rejected under 35 U.S.C. § 102
`
`102 and 103
`
`as purportedly being anticipated by U.S. Pub. No. 2004/0148090 ("Melen"). Each of the
`
`dependent claims was rej ected under 3 5 U. S. C. § 102 as purportedly being anticipated by Melen,
`
`or tinder 35 U.S.C. § 103 as purportedly being obvious over Melen in view ofU.S. Patent No.
`
`7,593,740 ('Crowley") or U.S. Pub. No. 2006/0047825 ("Steenstra"). These rejections are
`
`respectfully traversed as applied to the claims, as amended.
`
`I.
`
`Independent Claim I and the Claims Depending Therefrom
`
`As amended, independent claim i is directed to a method comprising:
`with aflist device, receiving a messagefrom a second device, wherein the
`message relates tojoining a group;
`
`ACT1VEÍ84232869. 2
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`AG ISTX_O O 0 043 07
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`

`

`Case 2:17-cv-00513-JRG Document 175-9 Filed 08/14/18 Page 23 of 29 PageID #: 7397
`
`Application No. 14/633,804
`Ainendmeiit dated November 1 3 , 2015
`Reply to Office Action ofAugust 13,2015
`
`2
`
`[)ocket No.: MC)C-005
`
`based on receiving the messagejiom the second device, participating in the
`group, wherein participating in the group includes sendingfirst location information
`to a server and receiving second location inJkrmation from the server, the first location
`information comprising a location of thc first device, the second location information
`comprising a plurality of locations of a respective plurality of second devices included in
`the group;
`presenting, via an interactive display of the first device,