Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 1 of 13 PageID #: 14425
`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 1 of 13 PageID #: 14425
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`EXHIBIT 6
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`EXHIBIT 6
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 2 of 13 PageID #: 14426
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`CN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Serial No.: 1.2/324, 122
`Attorney Oocket No.: 10963.3819
`PA'IE.KT
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`ru re application of: BEYER, JR., Malcolm K.
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`Confomation No: 9036
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`Group Art Unit: 2617
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`Examiner: LEBASSI, Arnanuel
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`Serial No.: 12/324,122
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`Filed: November 26, 2008
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`Entitled: METHOD OF UTILIZING
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`FORCED ALERTS FOR
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`INTERACTIVE REMOTE
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`COMMUNlCA TTONS
`_________________ )
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`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`September 9, 20 l l
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`Filed Electronically
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`RESPONSE AND AMENDMENT
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`Dear Sir:
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`Tn response to the Office Action dated March 11, 2011, please amend the above
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`referenced patent application as follows and consider the remarks below. This Response is filed
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`within six months of lhe mai ling date of the Office Action; therefore, a petition for a lhree-month
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`extension of time is submjtted herewith. Tn the event that any fmther extension of time is
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`required, please consider this a request therefor. The Commissioner is authorized to charge any
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`additional fees due or credit any overpayment to Deposit Account 13-1130.
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`Please amend the claims as shown on pages 2-7.
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`Remarks begin on page 8.
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`AG1STX_00001225
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 3 of 13 PageID #: 14427
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`CLAIM Al\lIBNDMENTS
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`Please amend the claims (strikethrough indicating deletion and underline indicating
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`insertion) as follows:
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`1.
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`(Cancelled)
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`2. (C1u-rently amended)
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`A communication system for
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`transmitting, receiving,
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`confirming receipt, and responding to an electronic message, comp1ising:
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`a predetermined network of participants, wherein each participant has a similarly
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`equipped PC or PDNcell phone that includes a CPU and a touch screen display a CPU and
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`memory;
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`a data transmission means that facilitates the transmission of electronic files between said
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`PCs and said PD A/cell phones in different locations;
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`a sender PC or PDNcell phone and at Least one recipient PC or PDNcell phone for each
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`electronic message;
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`a forced message alert software application program including a list of required possible
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`responses to be selected by a participant recipient of a forced message response loaded on each
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`participating PC or PDNcell phone;
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`means for attaching a forced message alert software packet to a voice or text message
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`creating a forced message alert that is transmitted by said sender PC or PDA/cell phone to the
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`recipient PC or PDA/cell phone, said forced message alert software packet containing a list of
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`possible required responses response list and requiring the forced message alert softwru·e on said
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`recipient PC or PDA/cell phone to transmit an automatic acknowledgment to the sender PC or
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`PDA/cell phone as soon as said forced message alert is received by the redpient PC or PDA/ceU
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`phone;
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`2
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`AG1STX_00001226
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 4 of 13 PageID #: 14428
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`{iiic'ans for requirin g a required manual rcspom,c from the response Li:..t by the recipient in
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`('orcier to clear recipient's response list from recipient's cell phone display;
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`means for receiving and displaying a listing of which recipient PCs or PDA/cell phones
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`have automatically acknowledged the forced message alert and wl1ich recipient PCs or PDA/cell
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`phones have not automatically acknowledged the forced message alert;
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`means for periodically resending said forced message alert to said recipient PCs or
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`PD A/cell phones that have not automatically acknowledged the forced message ale1t; and
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`meai1s for receiving and displaying a listing of which recipient PCs or PDA/cell phones
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`have transmitted a manual respOL1se to said forced message alert and details the response from
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`each recipient PC or PD A/cell phone that responded.
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`3. (CtuTently amended) The system as in claim 2, wherein the forced message alert
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`software application program oo the recipient PC or PD A/cell phone includes:
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`means for transmitting the acknowledgment of receipt to said sender PC or PDA/cell
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`phone immediately upon receiving a forced message alert from the sender PC or PDA/celi
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`phone;
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`means for controlling of the recipient PC or PDA/cell phone upon transmi.tting said
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`automatic acknowledgment and causing, in cases where the force message ale1t is a text
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`message, the text message and a response List to be shown on the display of the recipient PC or
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`PDA/cell phone or causes, in cases where the fefee forced message ale1t is a voice message, the
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`voice message being periodically repeated. by the speakers of the recipient PC or PD A/cell phone
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`while said response list is shown on the display;
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`3
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`AG1STX_00001227
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 5 of 13 PageID #: 14429
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`means for allowing a manual response to be manually selected from the response list or
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`manually recorded and transmitting said manual response to the sender PC or PDNcell phone;
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`and
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`means for clearing the text message and a response list from the display of the recipient
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`PC or PDA/celJ phone or stopping the repeating voice message and clearing the response list
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`from the display of the recipient PC or PDNcell phone once the manual response is transmitted.
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`4. (Previously presented)
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`The system as in claim 2. wherein said data transmission
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`means is TCP/IP or another communications protocol.
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`5. (Previously presented)
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`The system as in claim 2, wherein the response list that is
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`transmitted within the forced message alert software packet is a default response list that is
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`embedded in the forced message alert software application program.
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`6. (Previously presented) The system as in claim 2, wherein the response list that is
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`transmitted within the forced message alert software packet is a custom response list that is
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`created at the time the specific forced message alert is created on the sender PC or PDA/celi
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`phone.
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`7.
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`(Currently amended) A method of sending a forced message alert to one or more
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`recipient PCs or PDA/cell phones within a predetermined communication network, wherein the
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`receipt and response to said forced message ale1t by each intended recipient PC or PDA/cell
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`phone is tracked, said method comprising the steps of:
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`accessing a forced message alert soft\.vare application program on a sender PC or
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`PDNcell phone:
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`4
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`AG1STX_00001228
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 6 of 13 PageID #: 14430
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`creating the forced message alett on said sender PC or PDA/cell phone by attaching a
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`voice or text message to a forced message alert application software packet to said voice or text
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`message;
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`designating one or more reclpient PCs or PDNcell phones in the communication
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`network;
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`electrottically transmitting the forced message alert to said recipient PCs or PDNcell
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`phones;
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`receiving automatic acknowledgements from the recipient PCs or PDA/cell phones that
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`received the message and displaying a listing of which recipient PCs or PDA/cell phones have
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`aclmowledged receipt of the forced message alert and wltich recipient PCs or PDNcell phones
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`have not acknowledged receipt of the forced message ale1t;
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`pedodically resending the forced message alert to the recipient PCs or PDNcell phones
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`that have not acknowledged receipt;
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`receiving responses to the forced message ale1t from the recipient PCs or PDA/celi
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`phones and displaying the response from each recipient PC or PDNcell phone; and
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`providing a manual response list on the display of the recipient PC or PDNcell phone
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`that can only be cleared by the recipient providing a required response from the. list;
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`clearing the receiver's recipient's display screen or causing the repeating voice ale1t to
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`cease upon reci.Pient selecting a response from the res.Ponse list required that can only be cleared
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`by manually selecting and transmitting a response to the manual response list.
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`8. (Original) The. method as io claim 7. wherein each PC or PDA/cell phone within a
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`predetermLned communication network is similarly equipped and has the forced message alert
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`software application program loaded on it.
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`5
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`AG1STX_00001229
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 7 of 13 PageID #: 14431
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`9. (Original) The method as in claim 7, wherein said forced message alert application
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`software packet contains a response list, wherein said response list is a default list embedded in
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`the forced message alert software application program.
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`10.
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`(Original) The method as in claim 7, wherein said forced message alert application
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`software packet contains a response list. wherein said response list is a custom response list that
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`is created at the time the specific forced message alert is created on the sender PC or PDA/cell
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`phone.
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`11. (Currently amended) A method of receiving, acknowledging and responding to a
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`forced message alert from a sender PC or PDA/cell phone to a recipient PC or PDA/cell phone,
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`wherein the receipt, acknowledgment, and response to said forced message alert is forced by a
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`forced message alert software application program, said method comprising the steps of:
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`receiving an electrotlically transmitted electronic message;
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`identifying said electronic message as a forced message alert, wherein said forced
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`message alert compiises of a voice or text message and a forced message alert application
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`software packet, which triggers the activation of the forced message alert software application
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`program within the recipient PC or PD A/cell phone;
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`transmitting an automatic acknowledgment of receipt to the sender PC or PDA/cell
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`phone. which triggers the forced message alert software application program to take control of
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`the recipient PC or PDA/cell phone and show the content of the text message and a required
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`response list 011 the display recipient PC or PDA/ceU phone or to repeat audibly the content of
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`the voice message on the speakers of the recipient PC or PD A/cell phone and show the required
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`response list on the display recipient PC or PD A/cell phone; and
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`6
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`AG1STX_00001230
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 8 of 13 PageID #: 14432
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`transmitting a selected required response from the response list in order to allow the
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`message required response list to be cleared from the recipient's cell phone display, whether said
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`selected respoflse is a eaosea optioe from. the respoase lir.;t, causing the forced message alert
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`software to release control of the recipient PC or PDA/cell phone and stop showing the content
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`of tbe text message and a response list on the display recipient PC or PD A/cell phone and or stop
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`repeating the content of the voice message on the speakers of the recipient PC or PDA/cell
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`phone;
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`displaying the response received from the PC or PDA cell phone that transmitted the
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`response on the sender of the forced aleLt PC or PD A/cell phone; and
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`providing a list of the recipient PC or PD A/cell phones have automatically acknowledged
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`receipt of a forced alert message and their response to the forced ale1t message.
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`12. (Original) The method as in claim l l, wherein each PC or PD A/cell phone within a
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`predetermined communication network is similarly equipped and has the forced message alert
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`software application program loaded on it.
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`13. (Original) The method as in claim 11, wherein said forced message alert application
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`software packet contains a response list, wherei.n said response list is a default list embedded i.n
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`the forced message alert software application program.
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`14. (Original) The method as in claim 11, wherein said forced message alert application
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`software packet contains a response list. wherein said response list is a custom response list that
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`is created at the time the specific forced message ale1t is created on the sender PC or PDA/ceU
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`phone
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`7
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`AG1STX_00001231
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 9 of 13 PageID #: 14433
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`REMARKS
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`The Office Action mailed March 11, 2011 has been received and reviewed. By the
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`present Response and Amendment. Claims 2, 3, 7 and 11 have been amended. No new matter is
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`introduced. Claim I has been cancelled previously.
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`Claim Rejections- 3.5 U.S.C. § 1()3
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`The Examiner's rejection of Claims 2-10 under U.S.C. § L03(a) as being unpatentable
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`over Keating et al. (US 2004/0082352) in view of Maggenti et al. (US 2002/0061762) is
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`respectfully traversed.
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`The Keating
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`call
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`im lementation having nothing to do with AJm.licanr s claimed invention
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`rovidi ng a forced
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`message ale1t and requ iring a s ecific res onse from a reci ient selected from the re ared list of
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`Figures 2 and 4 of Keating show flowcharts delineating
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`the essence of the
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`commuttication system disclosed in Keating. The flowcharts are described in detail in paragraphs
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`0022 and 0031 of Keating. There is no cliscussion or disclosUJe that would suggest the system
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`and method recited in amended Claims 2, 7 and 11 concerning the initiation of a required
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`response from a recipient which is automatically transmitted by the recipient's device and the
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`requirement in response to the forced message alert that the recipient must respond with a
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`pa1ticular answer selected from previously provided list of potential answers especially before
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`the recipient's display screen can be cleared. In fact, Keating is concerned with the accurate
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`billing that reflects specific time spent by the mobile station participating in a group call. See
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`paragraph 0030 Keating. The purpose and function of the group calling system in Keating is
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`8
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`AG1STX_00001232
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 10 of 13 PageID #: 14434
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`completely different than Applicant's claimed system and methods recited in the amended
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`Claims 2, 7 and 11. The statement of the Examiner that "Keating discloses a forced message alert
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`software application program" Applicant respectfully submits is .incorrect and has a stretched
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`interpretation of what is actually disclosed in Keating.
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`The Maggenti et al. (US 2002/0061762) reference discloses a method for sending a
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`message to a commu11icatio11 device to determine whether the communication device wishes to
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`be a participant and then lists the communication device as a participant if there is a response to a
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`message within a predetermined time. See paragraphs 0010 and 0011. There is no teaching or
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`disclosure of Applicant's claimed system and method in Maggenti et al.
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`The communication system recited in amended Claims 7 and 11 includes a forced
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`message alert software system that requires a response from the recipient of a specific answer
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`from a selected list before the recipient can clear the recipient's display. This is completely
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`different in function and structure than a system asking whether a paLticipant wants to stay as a
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`participant i.n the net.
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`lt is Applicant's position - even if a person of ordinary skill in the art were to combine
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`the Keating reference wi.th the Maggenti et al. reference, Applicant's claimed invention as recited
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`in the amended Claims 2 and 7 at issue could not possibly result because of the lack of relevant
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`disclosure in the references when combined. Therefore, the Examiner has not established a prima
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`facie case of obviousness under 35 U.S.C. § 103 with respect to Claims 2- 10.
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`9
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`AG1STX_00001233
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 11 of 13 PageID #: 14435
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`The Examiner's rejection of Claims l l - 14 under 35 U.S.C. § l03(a) as being
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`unpatentable over Keating et al. (US 2004/0082352) in view of Dalton et al. (US 2004/0192365)
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`is respectfully traversed.
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`The Dalton (US 2004/0192365) communication system is a completely different system
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`than Applicant's claimed communication system and method recited in Claims 11 - 14. A key
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`element i.n Dalton is a data concentrator computer with a gateway device for communicating
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`with the data concentrator computer so that the gateway device provides communications data
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`between a first mobile data acquisition device and a second mobile data acquisition devi.ce
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`without communication with the data concentrator computer. Paragraphs 0010, 0014 and 0015 in
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`Dalton describe a system to manage two or more mobile devices forming a business data
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`collection and to communicate asynchronously in the operational needs of a business application.
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`None of the functions described in the Dalton reference have anything to do with providing a
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`forced message alert as required in Claims 11 - 14 as amended. Applicant reiterates the
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`comments above with respect to the Keating reference. Again, the combination of Keating and
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`Dalton cannot result in Applicant's claimed invention because the references together fail to
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`suggest Appli.cant's claimed i.nventi.on. It is Applicant's posi.ti.on that the Examiner has failed to
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`establish a prime, facie case of obviousness with respect to Claims 1 L - 14.
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`As an initial matter, the Examiner bears the initial burden of factually supporting any
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`prima facie conclusion of obviousness. MPEP § 2143. A claim is obvious under 35 U.S.C. §103
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`if and only if the references relied on teach or suggest each and every element of the claimed
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`invention, and it would be obvious to one skiUed in the art to combine the references so relied
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`on. A rationale to support a conclusion that a claim would have been obvious is that all the
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`claimed elements were known in the prior art and one skilled in the art could have combined the
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`10
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`AG1STX_00001234
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 12 of 13 PageID #: 14436
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`elements as claimed by known methods with no change in their respective known methods with
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`no change in their respective functions, and the combination would have yielded nothing more
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`than predictable results to one of ordinary skill in the art. KSR International Co KSR
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`International Co. v. Teleflex lnc., 550 U.S. 398, 401 (2007); see also, KSR 550 U.S. at 415-417
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`(2007) citing Great All.antic & P. Tea Co. v. Supermarkel Equipment Corp .. 340 U.S. 147, 152
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`(1950), Anderson's-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63 (l969),and
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`Sakraida v. AG Pro,, Inc.,. 425 U.S. 273,282 (1976).
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`In determining the differences between the prior art and the claims, the question under 35
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`U.S.C. §103 is not whether the differences themselves would have been obvious, but whether the
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`claimed invention as a whole would have been obvious. § MPEP 2 141.02; Stratoflex, Inc. v.
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`Aeroquip Corp., 713 F.2d 1530, 218 USPQ 871 (Fed. Cir. 1983). Additionally, an obviousness
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`rejection ca1U1ot be based on a reference or combination of references that are non-analogous to
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`the invention at issue. MPEP § 2141.0l(a).
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`11
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`AG1STX_00001235
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`Case 2:17-cv-00513-JRG Document 239-5 Filed 12/18/18 Page 13 of 13 PageID #: 14437
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`Serial No.: 12/324,122
`Attorney Docket No.: 10963.3819
`PATEKT
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`CONCLUSION
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`In view of the amendments submitted herein and the above comments, it is believed that all
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`grounds of rejection are overcome and that the application has now been placed in full condition
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`for allowance. Accordingly, Applicant earnestly solicits early and favorable action. Should there
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`be any fmiher questions or reservations, the Examiner is urged to telephone Applicant's
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`undersigned attorney at (954) 763-3303.
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`Respectfully submitted,
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`/Barry L. Haley/
`Barry L. Haley, Esq. (Reg. No. 25 ,339)
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`Customer No.: 22235
`MAUN HALEY DiMAGGIO
`BOWEN & LHOTA, P.A.
`1936 South Andrews A venue
`Fort Lauderdale, Florida 33316
`Telephone: (954) 763-3303
`Facsimile: (954) 522-6507
`E-Mail: info@ m.h<lpaten ts.com
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`12
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`AG1STX_00001236
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