Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 1 of 16 PageID #: 15014
`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 1 of 16 PageID #: 15014
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`EXHIBIT 10
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`EXHIBIT 10
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 2 of 16 PageID #: 15015
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`Docket No.: MOC-005
`(PATENT)
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`1N THE UNITED STATES PATENT AND TRADEl\lCARK OFFICE
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`First Named Inventor
`Malcolm K. Beyer, Jr.
`
`Application No.: 14/633,804
`
`Confirmation No.: 8573
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`Filed: Februa1y 27, 2015
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`For: METHOD TO PROVIDE AD HOC AND
`PASSWORD PROTECTED DIGIT AL AND
`VOICE NETWORKS
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`Art Unit: 2646
`
`Examiner: 0 . Obayanju
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`AMEND1\1ENT FILED WITH REQUEST FOR CONTINUED EXAMINATION (RCE)
`
`M ail Stop RCE
`Commissioner for Patents
`P .O. Box 1450
`Alexandria, VA 22313-1450
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`INTRODUCTORY COMMENTS
`
`In response to the Final Office Action dated December 10, 2015, please amend the
`above-identified U.S. patent application as follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on
`
`page 2 of this paper.
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`Remarks/Arguments begin on page 8 of this paper.
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`ACTfVEill4854759. l
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`AG1STX_00004229
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 3 of 16 PageID #: 15016
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`2
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`Docket No.: MOC-005
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`Al\!CENDMENTS TO THE CLAil\,fS
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`This listing of claims replaces all prior versions and listings of claims in the application:
`
`Listing of Claims
`
`l.
`
`(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, pa1ticipating in the group,
`
`wherein participating in the group includes sending first location information to a server and
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`receiving second location information from the server, the first location information comprising
`
`a location of the 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 fi rst 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
`
`identifying user interaction with the interactive map selecting one or more of the user(cid:173)
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`selectable symbols corresponding to one or more of the second devices and user interaction with
`
`the display specifying an action and, based thereon, sending using an Internet Protocol to send
`
`data to the one or more second devices via the server~
`
`wherein the first device does not have access to respective Internet Protocol addresses of
`
`the second devices.
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`2.
`
`(Previously presented) The method of claim l., wherein the data includes a sho1t message
`
`service message, a text message, an image, or a video.
`
`3-7.
`
`(Canceled)
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`8.
`
`(Previously presented) The method of claim 1, wherein the first device is a personal
`
`digital assistant (PDA) or a personal computer (PC).
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 4 of 16 PageID #: 15017
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`Applic.ation No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`3
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`Docket No.: MOC-005
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`9.
`
`(Previously presented) The method of claim 1, further comprising:
`
`sending, from the first device, a request for a second map, wherein the request specifies a
`
`map location; and
`
`receiving, from the server, the second map.
`
`10.
`
`(Canceled)
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`11.
`
`(Previously presented) The method of claim 1, wherein the map is a satellite image.
`
`12.
`
`(Previously presented) The method of claim l., further comprising sending, by the first
`
`device, updated location information comprising an updated location of the first device, the
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`updated location information being sent based on passage of a predetermi ned time interval since
`
`sending previous location information comprising a previous location of the first device,
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`displacement of the fi rst device by a predetermined distance relative to a previous location of the
`
`fi rst device, or both.
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`13.
`
`(Currently amended) A system comprising:
`
`a first device programmed to perform operations comprising:
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`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 participati ng in the group includes sending first location information to a
`
`server and receiving second location infonnation from the server, the fi rst location
`
`infotmation comprising a location of the first device, the second location information
`
`comprisi ng a plurality of locations of a respective plurality of second devices included in
`
`the group;
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`presenting, via an interactive display of the first device, an interactive map
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`comprising a plurality of user-selectable symbols corresponding to the plurality of second
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 5 of 16 PageID #: 15018
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`4
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`Docket No.: MOC-005
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`devices, wherein the symbols are positioned on the map at respective positions
`
`correspondi ng to the locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable symbols corresponding to one or more of the second devices and user
`
`interaction with the display specifyi ng an action and, based thereon, S0fleiRg using an
`
`internet Protocol to send data to the one or more second devices via the secver:.
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`wherein the first device does not have access to respective Internet Protocol
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`addresses of the second devices.
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`14.
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`(Previously presented) The system of claim 13, wherein the data includes a short message
`
`service message, a text message, an image, or a video.
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`15-19. (Canceled)
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`20.
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`(Previously presented) The system of claim 13, wherein the fi rst device is a personal
`
`digital assistant (PDA) or a personal computer (PC).
`
`21.
`
`(Previously presented) The system of claim 13, wherein the operations further compri se:
`
`sending a request for a second map, wherein the request specifies a map locati on; and
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`receivi ng, from the server, the second map.
`
`22.
`
`(Canceled)
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`23.
`
`(Previously presented) The system of claim 13, wherein the map is a satellite image.
`
`24.
`
`(Previously presented) The system of claim 13, wherein the operations further comprise
`
`sending updated location information comprising an updated location of the first device, the
`
`updated location information being sent based on passage of a predetermined time interval si nce
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`sending previous location information comprising a previous location of the fi rst device,
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 6 of 16 PageID #: 15019
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`5
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`Docket No.: MOC-005
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`displacement of the first device by a predetermined distance relative to a previous location of the
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`first device, or both.
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`25-30. (Canceled)
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`31.
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`(Previously presented) The method of claim l, further comprising identifying second user
`
`interaction with the interactive map selecting at least one of the user-selectable symbols
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`corresponding to at least one of the second devices and user interaction with the display
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`specifying an acti on and, based thereon, initiating a phone call or phone conference with the at
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`least one second device.
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`32.
`
`(Previously presented) The method of claim I, wherei n the message from the second
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`device is a Short Message Service (SMS) message or a text message.
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`33.
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`(Previously presented) The method of claim l, 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 infonnation comprising a batte1y level of the fi rst device and/or a
`
`signal strength of a wireless signal of the first device, the second location information
`
`comprising a plurality of battery levels of the respective plurality of second devices included in
`
`the group and/or a plurality of signal strengths of wireless signals of the respective plurality of
`
`second devices included in the group.
`
`34.
`
`(Previously presented) The method of claim l, wherein the fi rst device is a smart phone.
`
`35.
`
`(Previously presented) The method of claim ·1, further comprising:
`
`\;Vi.th the fi rst device, transmitting a group identifier associated with a second group, the
`
`second group including a second plurality of second devices~ and
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`based on transmitting the group identifier associated with the second group, participating
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`in the second group, wherein participati ng in the second group includes receiving third location
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 7 of 16 PageID #: 15020
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`6
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`Docket No.: MOC-005
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`information from the server, the tllird location information comprising a plurality of locations of
`
`the respective second plurality of second devices included in the second group.
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`36.
`
`(Previously presented) The method of claim I, wherein the data includes a voice
`
`recording.
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`37.
`
`(Previously presented) The system of claim 13, wherein the operations further comprise
`
`identifying second user interaction with the interactive map selecting at least one of the user(cid:173)
`
`selectable symbols con-esponding to at least one of the second devices and user interaction with
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`the display specifying an action and, based thereon, initiating a phone call or phone conference
`
`with the at least one second device.
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`38.
`
`(Previously presented) The system of claim 13, wherein the message from the second
`
`device is a Sl10rt Message Service (SMS) message or a text message.
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`39.
`
`(Previously presented) The system of claim 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 of a wireless signal of the first device, the second location information
`
`comprising a plurality of batt ery 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.
`
`40.
`
`(Previously presented) The system of claim 13, wherein the first device is a smart phone.
`
`41.
`
`(Previously presented) The system of claim 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 of second devices; and
`
`based on transmitting the group identifier associated with the second group, participating
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`in the second group, wherein participating in the second group includes receiving tllird location
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 8 of 16 PageID #: 15021
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
`
`7
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`Docket No.: MOC-005
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`information from the server, the third location information comprising a plurality of locations of
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`the respective second plurality of second devices included in the second group.
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`42.
`
`(Previously presented) The system of claim 13, wherein the data includes a voice
`
`recording.
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`43.
`
`(New) The method of claim l , further comprising: using a Global Positioning Satellite
`
`(GPS) receiver of the first device to obtain data indicative of the location of the first device,
`
`wherein sending the fi rst location information to the server comprises using the Cnternet Protocol
`
`(IP) to send the fi rst location information to the server.
`
`44.
`
`(New) The system of claim 13, wherei n the first device includes a Global Posi ti oni ng
`
`Satellite (GPS) receiver, and wherein the operations further include: using the GPS receiver to
`
`obtain data indicative of the location of the first device, wherein sending the first location
`
`information to the server comprises using the Internet Protocol (IP) to send the first location
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`information to the server.
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 9 of 16 PageID #: 15022
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`Applic.ation No. l 4/633.804
`Reply to Office Action of December 10, 2015
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`8
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`Docket No.: MOC-005
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`Administrative Overview
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`REMARKS
`
`Prior to the Office Action of December 10, 2015, claims 1-2, 5, 8-14, 17, 20-24, and 31-
`
`42 were pending. In the Office Action:
`
`•
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`claims 9, 12, 21 , 24, 35, and 41 were rejected under 35 U.S.C. § 112 as purpo1tedly
`
`failing to comply with the written description requirement;
`
`•
`
`claims 1, 2, 9, 13, 14, 21, 31, 32, 34-38, and 40-42 were rejected under 35 U.S.C.
`
`§ I 02 as purportedly being anticipated by U.S. Pub. No. 2004/0 148090 ("Melen");
`
`•
`
`claims 8, l l , 20, and 23 were rejected under 35 U.S.C. § 103 as purportedly being
`
`obvious over Melen in view of U.S. Pub. No. 2006/0047825 ("Steenstra");
`
`•
`
`claims 5, 10, 17, and 22 were rejected under 35 U.S.C. § 103 as purportedly being
`
`obvious over Melen in view of U.S. Patent No. 8,014,763 ("Hymes");
`
`•
`
`claims 12 and 24 were r~jected under 35 U.S.C. § L03 as purportedly being obvious
`
`over Melen in view of U.S. Pub. No. 2004/0252050 ("Tengler''); and
`
`•
`
`claims 33 and 39 were rejected under 35 U.S.C. § I 03 as purportedly being obvious
`
`over Melen in view of U.S. Pub. No. 2005/0130666 (" Levy").
`
`ln the present Amendment, claims 5, lO, 17, and 22 are canceled without prejudice or
`
`disclaimer. Claims 1 and 13 are amended to recite the subject matter of previously-pending
`
`claims 10 and 22, respectively, and are further amended to recite " using an Internet Protocol to
`
`send data." Claims 43 and 44 are added .
`
`No new matter is added. Support for the claim amendments can be found, for example, in
`
`U.S. Patent No. 7,630,724 (e.g., in col. 10:57 - col. 11 :15, col. 12:63 - col. 13:26; and col. 16:42-
`
`59). Support for the new claims can be found, for example, in the '724 patent (e.g., in col. 4:52-
`
`65). It is noted that the '724 patent was incorporated by reference into the present application at
`
`the time of the present application's filing.
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`Applicability of Post-ArA Provisions of the Patent Laws to the Present Application
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`r -AIA first to inve
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`ro ·isions'· of the patent Jaws. For the reasons stated in the Resy
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`se
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 10 of 16 PageID #: 15023
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`Application No. l 4/633.804
`Reply to Office Action of December 10, 2015
`
`9
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`Docket No.: MOC-005
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`fi led on November 13, 2015, it is understood that the Qresent a
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`lication wi ll be exami ned under
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`the ost-AIA first-to-file rovisions of the atent laws
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`Interview Summarv
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`Appli cant thanks Examiner Obayanju for conducting a telephonic interview on January
`
`21 , 2016. The participants included Examiner Obayanju, Applicac1t's undersigned representative
`
`(Daniel J. Burns), and Applicant' s attorney (Samuel S. Stone). The interview was held pursuant
`
`to a Proposed Interview Agenda that was emailed to the Examiner on January 21, 2016. Copies
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`of tbe Cnterview Agenda and the email message are submitted herewith. A summary of the
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`i nterview is provided below.
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`During the interview, the patiicipants discussed the rejections of claims l and 32 under
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`35 U.S.C. § I 02 as purpOLtedly being anti cipated by ·Melen. Appl icant's representatives referTed
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`to the portions of Melen identified in the P roposed Interview Agenda, and pointed out that those
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`portions of Melen do not teach or suggest the limitations of claim l, nor the limitations of claim
`
`32. No agreement was reached with respect to claim 1. Regarding claim 32, the Exami ner agreed
`
`that the claim was not anticipated by Melen.
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`Claim Rejections Under 35 U.S.C. § l12
`
`Claims 9, 12, 21 , 24, 35, and 41 were rejected under 35 U.S.C. § 1 12 as purportedly
`
`faili ng to comply with the written descripti on requirement. Reconsideration is respectfully
`
`requested. Since the application describes the subject matter of each of the claims in sufficient
`
`detail that one of ordinary skil l in the art can reasonably conclude that the inventors had
`
`possession of the claimed subject matter at the time of the application's filing, each of the claims
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`satisfies the \Witten description requirement.
`
`[n particular, the Office Action alleges that there is insufficient written description
`
`suppori for sending " a request for a second map, wherein the request specifies a map location,"
`
`as recited in claims 9 and 21 . Suppo1i for the subj ect matter of claims 9 and 21 is found, for
`
`example, in U.S. Patent No. 7,630,724, which was incorporated by reference into the present
`
`appl ication at the time of the present application's filing. For examp le, the '724 patent states that
`
`"[t]he cell phone device application software, however, can also provide the user the abil ity to
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 11 of 16 PageID #: 15024
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`Application No. 14/633.804
`Reply to Office Action of December 10, 2015
`
`10
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`Docket No.: MOC-005
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`request a specific gee-referenced map or chart, aerial photograph or satellite image from a
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`remote image server by pointing at the specific location desired for the map" ('724 patent, col.
`
`18:57 - col. 19:7). Based on at least the foregoing passage of the '724 patent, one of ordinary
`
`skill in the ait can reasonably conclude that the inventors had possession of the subject matter of
`
`claims 9 and 21. Accordingly, withdrawal of the rejections of claims 9 and 21 under 35 U.S.C.
`§ 1 l2 is respectfully requested.
`In addition, the Office Action alleges that there is insufficient written description support
`
`for sending " updated location information comprising an updated location of the fi rst device, the
`
`updated location information being sent based on passage of a predetermined time interval since
`
`sending previous location information comprising a previous location of the first device,
`
`displacement of the first device by a predetermined distance relative to a previous location of the
`
`first device, or both," as recited in clai ms 12 and 24. Support for the subject matter of claims l 2
`
`and 24 is found, for example, in U.S. Patent No. 7,630,724, which, as noted above, was
`
`incorporated by reference into the present application at the time of the appl ication's fi ling. The
`
`'724 patent describes:
`
`... an integrated communications system using a pluralitv of cellular/PDA/
`GPS phones for the management of a group of people through the use of a
`communicati.ons net and, specifically, to provide each user with a cellular/PD A/
`GPS/phone that has software application programs and databases that permit all
`the users to continuously know each other's locations and status, to rapidly call
`and communi cate voice, high speed internet data, photographs and video clips
`among the users by touching display screen symbols and to enable the users to
`easily access data concerning other users and other database information. ('724
`patent, col. 1 :6-17.)
`
`A plurality of cellular phone/WiFi/PDA/GPS devices each having application
`software and databases to provide a communication network having: a) the
`ability to selectively poll each of the other PDA/GPS phone devices with each
`participant to start reporting its position and status information directly to all or
`selected users equipped with the same cellular phone/PDA com munication/ GPS
`devices in the communications net so that each of the devices that the data is
`transmitted to is provided a display of the location, status and other information of
`the other users; b) the ability of each of the cellular phone/PDA devices to
`report to another device at an operator selected time rate or at a rate based
`on distance traveled . . . . (' 724 patent, col. 2:48-60.)
`
`The present cell phooe/PDNGPS device to create the communication network
`wherein all of the participants have the same communication device described
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 12 of 16 PageID #: 15025
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`Application No. 14/633.804
`Reply to Office Action of December 10, 2015
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`11
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`Docket No.: MOC-005
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`herein also includes the ability of a specific operator device to provide poHing in
`which other cellular phones using SMS, internet or WiFi report periodically
`based on criteria such as time, speed, distance traveled, or a combination of a
`time, speed and distance traveled. The operator can manuaUy poll any or all of
`the cell phone devices that are used by all of the participants in the
`communication network having the same device as described herein for the
`invention. The receiving cellular phone application code responds to the polling
`device with the receiving cellular phone's location and status whi ch could include
`battery level, GPS status, signal strength and entered track data. Optionally, the
`phone operators can set their phones to report automatically, based on time
`or distance traveled intervals or another criteria. ('724 patent, col. 9:31-47.)
`
`Based on at least the foregoing passages of the '724 patent, one of ordinary sk.ill in the art
`
`can reasonably conclude that the inventors had possession of the subject matter of claims 12 and
`
`24. Accordingly, withdrawal of the rejections of claims 12 and 24 under 35 U.S.C. § L 12 is
`
`respectfully requested.
`
`In addition, the Oflice Action alleges that there is insufficient written description support
`
`for "with the first device, transmitting a group identifier associated with a second group, the
`
`second group including a second plurality of second devices; and based on transmitting the f,troup
`
`identifier 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 oflocations of the respective second
`
`plurality of second devices included in the second group," as recited in claims 35 and 41.
`
`Support for the subject matter of claims 35 and 41 is found, for example, in U.S. Patent No.
`
`7,630,724, which, as noted above, was incorporated by reference into the present application at
`
`the time of the application's filing. For example, the '724 patent states that "[t]here are several
`
`ways that the network can be established including: ... for each phone to have a group
`
`identification that is transmitted in its initial message which relates it to a particular group who
`
`are their own net, only those witb that identifier (i.e. singles, coin collectors, etc.) are permitted
`
`to join that net" (' 724 patent, col. 14:60-61 and col. 15: 10-15). Based on at least the foregoing
`
`passages of the ' 724 patent, one of ordinary skill in the art can reasonably conclude that the
`
`inventors had possession of the subject matter of claims 35 and 41. Accordingly, withdrawal of
`
`the rejections of claims 35 and 41 under 35 U.S.C. § 112 is respectfully requested.
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 13 of 16 PageID #: 15026
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`Applic.ation No. 14/633.804
`Reply to Office Action of December 10, 2015
`
`12
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`Docket No.: MOC-005
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`Claim Rejections Under 35 U.S.C. §§ 102 and 103
`In the Office Action, independent claims 1 and 13 were rejected under 35 U.S.C. § 102 as
`purpOLtedly being anticipated by Melen, and previously-pending dependent claims 10 and 22
`
`were rejected under 35 U.S.C. § 103 as purportedly being obvious over Melen in view ofHymes.
`
`Without acceding to the rejections, claims 1 and 13 are amended to recite the subject matter of
`
`previously-pending claims 10 and 22, respectively, and are fi.nther amended to recite "using an
`
`Internet Protocol to send data." The rejections of claims 10 and 22 are respectfully traversed as
`
`applied to claims 1 and 13, a.s amended. Even assuming (without conceding) that Melen and
`
`Hymes could have been properly combined, the proposed combination of Melen and Hymes
`
`does not teach or suggest all the limitations of any of the claims.
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`T.
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`[ndependen t Claim I and the Claims Depending Therefrom
`
`As amended, independent claim 1 is directed to a 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 sending first location information to a
`server and receiving second location information from the server, the first location
`information comprising a location of the first device, the second location information
`comprising a plurality oflocations of a respective plurality of second devices included in
`the group;
`
`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
`co1Tesponding to the locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interaction with the display specifying an action and, based thereon, using an lnternet
`protocol to send data to the one or more second devices via the server,
`
`wherein the first device does not have access to respective Internet Protocol
`addresses of the second devices. (Emphasis added.)
`
`Melen does not teach at least "with a first device, ... using an Internet protocol to send
`
`data to the one or more second devices via the server, wherein the first device does not have
`
`access to respective Internet Protocol addresses of the second devices," as recited in claim l.
`
`Melen describes "vehicle navigation systems" that are said to be "capable of communicating
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`ACTlVEill4854759.l
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`AG1STX_00004244
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`

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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 14 of 16 PageID #: 15027
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`Application No. 14/633.804
`Reply to Office Action of December 10, 2015
`
`13
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`Docket No.: MOC-005
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`with one another," establishing a group, and "displaying the location of other vehicle navigation
`systems in the group" (Abstract). In addition, paragraph [0072] of Melen, which was cited by the
`
`Office Action in the rejection of previously-pending claim lO, states:
`
`Referring to F(G. 6A, as the process begins 502, the vehicle navigation system
`300a receives 604 selection of the members to be included in the group. Such
`selection of members may be input by using the touch sensi tive screen 301 or the
`input device 302. The vehicle navigation system 300a transmits 606 such
`selection of group members to the vehicle network server l 02. The vehicle
`network server 102 establishes 608 communications with the selected group
`members and requests 610 each selected member for permission to add the
`member to the group. T hen, the vehicle network server l 02 transmits 612 the
`results of the requests 610 back to the vehicle navigation system 300a. Thereafter,
`the vehicle network server 300a adds 614 the members givi ng permission to the
`enabled f:,'fOup. This group information may be shared \\~th other members of the
`group. To this end, the vehicl e navigation system 300a transmits 6 16 the
`established group information to the vehicle navigation system l 02, and the
`vehicle navigation system 102 in tum transmits 618 such established group
`information to the members of the group, and the process conti nues with step 506.
`
`As can be seen, the cited portion of Melen does not teach or suggest "with a first device, ... using
`
`an Internet protocol to send data to the one or more second devices via the server, wherein the
`
`first device does not have access to respective Internet Protocol addresses of the second devices,"
`
`as recited in claim 1.
`
`Hymes does not cure the deficiencies of Melen at least with respect to the above(cid:173)
`
`emphasized portions of clat1n l . Rather, Hymes appears to describe "sending infonnation from
`
`[a] first electronic device indicating an intent to conditionally communicate with the recipient
`
`only u pon an expression of interest from the recipient in communicating with a user of the fi rst
`
`electronic device," (Abstract), which does not teach or suggest "wi th a first device, ... using an
`
`Internet protocol to send data to the one or more second devices via the server, wherein the fi rst
`
`device does not have access to respective lnternet Protocol addresses of the second devices," as
`
`recited in claim 1.
`
`For at least the foregoing reasons, Melen and Hymes (i ndividually or in combination) do
`
`not teach at least the above-emphasized limitations of claim I. Claim l therefore patentably
`
`disti nguishes over the cited art. Withdrawal of the rejection of claim 1 is respectfully requested.
`
`Claims 2, 8, 9, l l, 12, 3 l-36, and 43 depend from claim l and are allowable for at least the same
`
`reasons.
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`ACTfVEill4854759.l
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`AG1STX_00004245
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 15 of 16 PageID #: 15028
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`Application No. 14/633.804
`Reply to Office Action of December 10, 2015
`
`14
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`Docket No.: MOC-005
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`Il.
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`Independent Claim l3 and the Claims Depending Therefrom
`
`As amended, independent claim 13 is directed to a system comprising a first device
`
`programmed to perform operations comprising:
`
`receiving a message from a second device, wherein the message relates to j oining
`a group;
`
`based on receiving the message from the second device, participating in the
`group, wherein participating in the group includes sending first location information to a
`server and receiving second location information from the server, the first location
`information comprising a location of the first device, the second location information
`comprising a pl ural ity of locations of a respective plurality of second devices included in
`the group;
`
`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 positi ons
`corresponding to the locations of the second devices; and
`
`identifying user interacti on with the interacti ve map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interaction with the display specifying an action and, based thereon, usiu2: an fnteruet
`Protocol to send data to the one or more second devices via the server,
`
`wherein the first device does not have access to respective Internet Protocol
`addresses of the second devices. (Emphasis added.)
`
`For reasons that should be apparent from the discussion above, Melen and Hymes
`
`(individually or in combination) do not teach or suggest at least the above-emphasized limitations
`
`of claim 13. Claim 13 therefore patentably distinguishes over the cited art. Withdrawal of the
`
`rejection of claim 13 is respectfully requested. Claims 14, 20, 2 1, 23, 24, 37-42, and 44 depend
`
`from claim l3 and are allowable for at least the same reasons.
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`ACTfVEill4854759.l
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`AG1STX_00004246
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`Case 2:17-cv-00513-JRG Document 244-10 Filed 12/18/18 Page 16 of 16 PageID #: 15029
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`Applic.ationNo. 14/633.804
`Reply to Office Action of December 10, 2015
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`15
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`Docket No.: MOC-005
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`CONCLUSION
`
`By responding in the foregoing remarks only to particular positions taken by the
`
`Examiner, Applicant does not acquiesce with other positions that have not been explicitly
`
`addressed. In addition, Applicant's arguments for the patentability of a cl aim should not be
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`understood as implying that no other rea