Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 1 of 19 PageID #: 15069
`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 1 of 19 PageID #: 15069
`
`
`EXHIBIT 13
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`EXHIBIT 13
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`(cid:3)
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`(cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3)
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`(cid:3)
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`(cid:3)
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 2 of 19 PageID #: 15070
`
`Docket No.: MOC-003
`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEl\lCARK OFFICE
`
`First Named Tnventor
`Malcolm K Beyer, Jr.
`
`Application No.: 14/695,233
`
`Confirmation No.: 5326
`
`Filed: April 24, 2015
`
`For: METHOD TO PROVIDE AD HOC AND
`PASSWORD PROTECTED DIGIT AL AND
`VOICE NETWORKS
`
`Art Unit: 2646
`
`Examiner: 0. Obayanju
`
`MS Amendment
`Commissioner for Patents
`P .O. Box 1450
`Alexandtia, VA 223 l3-l450
`
`AMENDMENT FILED WITH REQUEST FOR CONTINUED EXAMINATION (RCE)
`
`In response to the Office Action dated December 7, 20 l5, in connection with the patent
`
`application identified above, the following Amendment and Response is respectfully submitted,
`
`along with a Request for Continued Examination (RCE). The Commissioner is hereby authorized
`
`to charge RCE fees and excess claim fees to the credit card identified in this filing, and no
`additional fees are believed to be required. If any such fees are due, however, the Commissioner
`
`is hereby also authotized to charge such fees to Deposit Account No. 07- 1700, referencing
`
`Docket No. MOC-003.
`
`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.
`
`Remarks/Arguments begin on page 12 of this paper.
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`ACTIVEill4943670.l
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`AG1STX_00004964
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`

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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 3 of 19 PageID #: 15071
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`2
`
`Docket No.: MOC-003
`
`Al\!CENDMENTS TO THE CLAIMS
`
`This listing of claims replaces all prior versions and listings of claims in the application:
`
`1.
`
`(Currently amended) A method comprising:
`
`perfonning by a first device:
`
`Listing of Claims
`
`obtaining contact information of a plurality of second devices;
`
`initiating discovery of an Internet Protocol (IP) address by using the contact
`
`infom1ation to send, to the second devices, respective Short Message Service (SMS)
`
`messages including information for facilitating Internet Protocol (lP) based
`
`communication between the first device and the respective second devices;
`
`receiving respective fP-based responses to the SMS messages, wherein the fP(cid:173)
`based responses to the SMS messages include location information of the respective
`
`second devices;
`
`transmitting IP-based messages including a location of the first device to the
`
`respective second devices;
`
`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 respective locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable symbols corresponding to one or more 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.
`
`2.
`
`(Previously presented) The method of claim I, further comprising:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection of the other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated ,,vith the symbol.
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`ACTIVEill4943670.l
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`AG1STX_00004965
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 4 of 19 PageID #: 15072
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`3
`
`Docket No.: MOC-003
`
`3.
`
`(Currently amended) The method of claim l wherein the data comp1ises a text message,
`
`an image, a video, or a command to cause the second devices corresponding to the selected
`
`symbols to conveit text to speech.
`
`4.
`
`(Currently amended) The method of claim 1 wherein:
`
`the SMS messages include an internet Protocol (LP) address of the first device; and
`
`the IP-based responses include respective IP addresses of the second devices.
`
`5.
`
`(Currently amended) The method of claim I, further comprising : sending geographic
`
`location information of the first device to one or more of the second devices based on time and /
`
`or movement.
`
`6.
`
`(Previously presented) The method of claim 1, further comprising:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`7.
`
`(Previously presented) The method of claim 6, further comprising:
`
`receiving user selection of the sub-net; and
`
`establishing a conference among the one or more second devices of the sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`8.
`
`(Original) The method of claim 1, further comprising:
`
`identifying user interaction with the display specifying a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`AC-flVEill4943670.l
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`AG1STX_00004966
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`

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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 5 of 19 PageID #: 15073
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`4
`
`9-10.
`
`(Canceled)
`
`11.
`
`(Currently amended) A system comprising:
`
`Docket No.: MOC-003
`
`one or more computers programmed to perform operations comprising:
`
`obtaining contact information of a plurality of second devices;
`
`initiating discovery of an Internet Protocol (JP) address by using the contact
`
`infom,ation to send, to the second devices, respective Short Message Service (SMS)
`
`messages including information for facilitating Internet Protocol (IP) based
`
`communication between the first device and the respective second devices;
`
`receiving respective IP-based responses to the SMS messages, wherein the IP(cid:173)
`
`based responses to the SMS messages include location information of the respective
`
`second devices;
`
`transmitting IP-based messages including a location of the first device to the
`
`respective second devices;
`
`presenting, via an interactive display of the first device, an interactive map
`
`comprising a plurality of u ser selectable symbols corresponding to the plurality of second
`
`devices, wherein the symbols are positioned on the map at respective positions
`
`corresponding to the respective locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable symbols corresponding to one or more of the second devices and user
`
`interaction with the display specifying an action and, based thereon, sending data to the
`
`one or more second devices.
`
`12.
`
`(Previously presented) The system of cla.im 11 wherein the operations further comprise:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection of the other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated with the symbol.
`
`ACTIVE:ill4943670.l
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`AG1STX_00004967
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 6 of 19 PageID #: 15074
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20l5
`
`5
`
`Docket No.: MOC-003
`
`13.
`
`(Currently amended) The system of claim 11 wherein the data comprises a text message,
`
`an image, a video, or a command to cause the second devices corresponding to the selected
`
`symbols to convei1 text to speech.
`
`14.
`
`(Currently amended) The system of claim l l wherein:
`the SMS messages include an internet Protocol (LP) address of the first device; and
`
`the IP-based responses include respective IP addresses of the second devices.
`
`15.
`
`(Currently amended) The system of claim l 1 wherein the operations further comprise:
`
`sending geographic location information of the first device to one or more of the second
`
`devices based on time and/ or movement.
`
`16.
`
`(Previously presented) The system of claim 11 wherein the operations further comprise:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`17.
`
`(Previously presented) The system of cl.aim 16 wherein the operations fuither comprise:
`
`receiving user selection of the sub-net; and
`
`establishing a conference among the one or more second devices of the sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`18.
`
`(Original) The system of claim l l wherein the operations further comprise:
`
`identifying user interaction with the display specifying a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`19-20. (Canceled)
`
`ACTIVEill4943670.l
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`AG1STX_00004968
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`

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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 7 of 19 PageID #: 15075
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`6
`
`Docket No.: MOC-003
`
`21.
`
`(Currently amended) A non-transitory storage device having instructions stored thereon
`
`that, when executed by a computer, cause the computer to perform operations comprising:
`
`obtaitting contact ittfonuation of a plurality of second devices;
`
`initiating discovery of an [nternet Protocol (lP) address by using the contact information
`
`to send, to the second devices, respective Short Message Service (SMS) messages including
`info1mation for faci litating Cntemet Protocol (IP) based communication betv.een the first device
`
`and the respective second devices;
`
`receiving respective IP-based responses to the SMS messages, wherein the IP-based
`
`responses to the SMS messages include location infotmation of the respective second devices;
`
`transmitting IP-based messages including a location of the fi rst device to the respective
`
`second devices;
`
`presenting, via an interacti.ve display of the fi rst device, an interactive map comprising a
`
`plurality of user-selectable symbols corresponding to the plurality of second devices, wherei n the
`
`symbols are positioned on the map at respective positions corresponding to the respective
`
`locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the user(cid:173)
`
`selectable symbols corresponding to one or more of the second devices and user interaction with
`
`the display specifying an action and, based thereon, sending data to the one or more second
`
`devices.
`
`22.
`
`(Previously presented) The storage device of claim 21 wherein the operations fucther
`
`comprise:
`
`presenting another symbol on the interactive map corresponding to a fixed location and
`
`associated with a telephone number; and
`
`receiving user selection of the other symbol and, based thereon, initiating a telephone call
`
`to the telephone number associated with the symbol.
`
`23.
`
`(Currently amended) The storage device of claim 21 wherein the data comprises a text
`
`message, an image, a video, or a command to cause the second devices corresponding to the
`
`selected symbols to convert text to speecb.
`
`ACT! VE:ill4943670.l
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`AG1STX_00004969
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`

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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 8 of 19 PageID #: 15076
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`7
`
`Docket No.: MOC-003
`
`24.
`
`(Currently amended) T he storage device of claim 21 wherein:
`
`the SMS messages include an Internet Protocol (IP) address of the first device; and
`
`the IP-based responses include respective IP addresses of the second devices.
`
`25.
`
`(Currently amended) The storage device of claim 21 wherein the operations further
`
`comprise: sending geograpl1ic location information of the first device to one or more of the
`
`second devices based on time and / or movement.
`
`26.
`
`(Previous! y presented) The storage device of claim 21 wherein the operations further
`
`comprise:
`
`receiving second user selection of one or more of the symbols; and
`
`receiving user input assigning the one or more second devices corresponding to the
`
`second selected one or more symbols to a sub-net.
`
`27.
`
`(Previously presented) The storage device of claim 26 wherein the operations further
`
`comprise:
`
`receiving user selection of the sub-net; and
`
`establishing a conference among the one or more second devices of the sub-net for
`
`sharing voice, text, photographs, or video communications.
`
`28.
`
`(Original) The storage device of claim 21 wherein the operations fu rther comprise:
`
`identifying user interaction with the display specify ing a new symbol and a location of
`
`the new symbol;
`
`presenting the new symbol on the map at the specified location; and
`
`sending the new symbol and the location to the second devices wherein each of the
`
`second devices is configured to present the new symbol on an interactive map at the specified
`
`location.
`
`29-30. (Canceled)
`
`AC'flVE.ill4943670.l
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`AG1STX_00004970
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 9 of 19 PageID #: 15077
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`8
`
`Docket No.: MOC-003
`
`31 .
`
`(Previously presented) The method of claim L, wherein the device is a cellular phone or a
`
`personal digital assistant (PDA).
`
`32.
`
`(Previously presented) The method of claim I, futt her 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.
`
`33.
`
`(Previously presented) The method of claim 3, wherein the video comprises a video clip
`
`or a video transmission.
`
`34.
`
`(Previously presented) The method of claim 6, further comprising:
`
`receiving user selection of the sub-net; and
`
`causing the one or more second devices of the sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`35.
`
`(Previously presented) The method of claim 1, wherein the data sent to the one or more
`
`second devices causes at least one of the second devices to play an audio message announcing an
`
`emergency.
`
`36.
`
`(Previously presented) The method of claim L, wherein the data sent to the one or more
`
`second devices causes at least one of the second devices to place a phone call to the first device.
`
`37.
`
`(Previously presented) The system of claim ·11 , wherein the device is a cellular phone or
`
`a personal digital assistant (PDA).
`
`38.
`
`(Previously presented) The system of claim LL, wherein the operations further comprise:
`
`identifying second user interaction with the interactive map selecting at least one of the user(cid:173)
`
`selectable symbols corresponding to at least one of the second devices and user interaction with
`
`ACT! VEill4943670.l
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`AG1STX_00004971
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 10 of 19 PageID #: 15078
`
`Application No. l 4/695.233
`Reply to Office Action of December 7, 20 l5
`
`9
`
`Docket No.: MOC-003
`
`the display specifying an action and, based thereon, initiating a phone call or phone conference
`
`with the at least one second device.
`
`39.
`
`(Previously presented) The system of claim 13, wherein the video comprises a video clip
`
`or a video transmission.
`
`40.
`
`(Previously presented) The system of claim 16, wherein the operations further comprise:
`
`receiving user selection of the sub-net~ and
`
`causing the one or more second devices of the sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`41.
`
`(Previously presented) The system of claim l I, wherein the data sent to the one or more
`
`second devices causes at least one of the second devices to play an audio message announcing an
`
`emergency.
`
`42.
`
`(Previously presented) The system of claim 11, wherein the data sent to the one or more
`
`second devices causes at least one of the second devices to place a phone call to the first device.
`
`43 .
`
`(Previously presented) The storage device of claim 21, wherein the device is a cellular
`
`phone or a personal digital assistant (PDA).
`
`44.
`
`(Previously presented) The storage device of claim 21, wherein the operations further
`
`comprise: identifying second user interaction with the interactive map selecting at least one of
`
`the user-selectable symbols corresponding to at least one 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.
`
`45.
`
`(Previously presented) The storage device of claim 23, wherein the video comprises a
`
`video clip or a video transmi ssion.
`
`ACTIVEill4943670.l
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`AG1STX_00004972
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 11 of 19 PageID #: 15079
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`10
`
`Docket No.: MOC-003
`
`46.
`
`(Previously presented) The storage device of claim 26, wherein the operations further
`
`comprise:
`
`receiving user selection of the sub-net; and
`
`causing the one or more second devices of the sub-net to place a call, make a verbal
`
`announcement, convert text to speech, vibrate, or increase sound levels.
`
`47.
`
`(Previously presented) The storage device of claim 21, wherein the data sent to the one or
`
`more second devices causes at least one of the second devices to play an audio message
`
`announcing an emergency.
`
`48.
`
`(Previously presented) The storage device of claim 21, wherein the data sent to the one or
`
`more second devices causes at least one of the second devices to place a phone call to the fi rst
`
`device.
`
`49.
`
`(New) The method of claim l , wherein the contact infonnation comprises respective
`
`telephone numbers of the second devices.
`
`50.
`
`(New) The method of claim l , wherein first device sends the SMS messages and receives
`
`the IP-based responses via a cellular communications network.
`
`51 .
`
`(New) The method of claim 8, fucther comprising identifying user interaction with the
`
`display specifying catego1y data associated with the new symbol, wherein sending the new
`
`symbol to the second devices comprises sending the category data associated with the new
`
`symbol to the second devices.
`
`52.
`
`(New) The method of claim 1, further comprising identifying second user interaction
`
`with the interactive map selecting a paiticular user-selectable symbol corresponding to a
`
`particular second device and user interaction with the display specifying an action and, based
`
`thereon, initiating a data cal l with the paiticular second device.
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`ACTIVE:ill4943670.l
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`AG1STX_00004973
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 12 of 19 PageID #: 15080
`
`Applic:ationNo. 14/695.233
`Reply to Office Action of December 7, 20 l5
`
`11
`
`53.
`
`(New) A method comptising:
`
`perfonning by a first device:
`
`Docket No.: MOC-003
`
`obtaining contact information of a plural ity of second devices;
`i ni tiati ng discovery of an r nternet Protocol (fP) address by using the contact
`infonnation to send, to the second devices, respective Short Message Service (SMS)
`
`messages including information for facilitating internet Protocol (IP) based
`
`communication between the first device and the respective second devices;
`
`receiving respective IP-based responses to the SMS messages, wherein the IP(cid:173)
`
`based responses to the SMS messages include location infolmation of the respective
`
`second devices;
`
`transmitting IP-based messages including a location of tbe first device to the
`
`respective second devices; and
`
`transmitting an IP-based text message to at least one of the second devices via a
`
`cellular communications network.
`
`ACTIVEill4943670.l
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`AG1STX_0000497 4
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 13 of 19 PageID #: 15081
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`12
`
`Docket No.: MOC-003
`
`Administrative Overview
`
`REMARKS
`
`Claims l-8, I0-l8, 20-28, and 30-48 were pending. In the present Amendment, claims 1,
`
`4, 5, l 1, 14, l5, 2 l, 24, and 25 are amended, claim s LO, 20, and 30 are canceled without
`
`prejudice or disclaimer, and new claims 49-53 are added.
`
`No new matter is added. Support for the amendments to claims 1, 4, l l, 14, 21, and 24,
`
`and for new claims 49 and 50 can be found, for example, in U.S. Patent No. 7,031,728 ("the '728
`
`patent") in col. 6, lines 13-17 and 34-36, col. 7, lines 44-50, and col. 4, lines 39-56. Support for
`
`the amendments to claims 5, 15, and 25 can be found, for example, in the '728 patent in col. 4,
`
`li ne 50. Support for new claim 51 can be found, for example, in the '728 patent in col. 4, line 64
`
`- col. 5, line 8, and in col. 10, Lines 51-61. Suppott for new claim 52 can be found, for example,
`
`in the '728 patent in col. 5, line 23. Support for new clai m 53 can be found, for example, in the
`
`'728 patent in col. 6, lines 5-21 and 34-36, in col. 7, lines 44-50, and in col. 4, lines 25-56. It is
`
`noted that the '728 patent was incorporated by reference into the present application at the time
`
`of the present application's filing.
`
`Applicability of Post-ACA Provisions of the Patent Laws to the Present Appl ication
`
`The Oflice Action ( . 2 states tha;t.,:'.[t]he resent a
`
`Ii cation is being examined under the
`
`_ ..._ro_visions'· of the 12atent laws. For the reasons stated in the Res onse
`
`1st-to-file rovisions of the patent la ,
`
`Interview Summary
`
`Applicant thanks Examiner Obayanju for conducting a telephonic interview on February
`
`18, 2016. The participants included Examiner Obayanju, Applicant's undersigned representative
`
`(Daniel J. Burns), Applicant's legal representative (Samuel S. Stone), and the inventor (Ivfalcolm
`
`Beyer, Jr.). The interview was held pursuant to an Interview Agenda that was emailed to the
`
`Examiner on February 18, 2016. Copies of the Interview Agenda and the email message are
`
`submitted herewith.
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`ACTIVEill4943670.l
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`AG1STX_00004975
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 14 of 19 PageID #: 15082
`
`Application No. 14/695.233
`Reply toOffi<.-e Action of December 7, 2015
`
`13
`
`Docket No.: MOC-003
`
`During tbe intetview, the discussion focused on amendments and arguments presented
`
`herein. Accordingly, this paper is intended to constitute a proper recordation of the interview in
`
`accordance with Iv{PEP § Tl 3 .04, and also to provide a full response to the Office Action of
`
`December 7, 2015.
`
`During the interview, Applicant's representatives presented proposed amendments to
`
`claim l, identified po11ions of the present application that provide support for the proposed
`
`amendments, and pointed out distinctions between the proposed version of claim 1 and the cited
`
`references (Melen and Hymes). The Examiner appreciated the distinctions and indicated that the
`
`rejections over Melen and Hymes would be withdrawn and a new search performed.
`
`Applicant's representatives also indicated that, in the interest of advancing prosecution,
`
`Applicant would submit an additional claim amendment related to Internet Protocol (IP) address
`
`discovery. Accordingly, in the present Amendment, claim I is amended as proposed in the
`
`Interview Agenda, and is further amended to recite " initiating discovery of an Internet Protocol
`
`(U>) address .... "
`
`Claim Rejections Under 35 U.S.C. § 103
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`In the Office Action of December 7, 2015, each of the independent claims was rejected
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`under 35 U.S.C. § 103 as purportedly being obvious over U.S Pub. No. 2004/0148090
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`("Melen") in view of U.S. Patent No.8,014,763 ("Hymes"). Each of the dependent claims was
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`rejected as purportedly being obvious over Melen/ Hymes alone or in combination with other
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`references. These rejections are respectfillly traversed as applied to the claims, as amended.
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`I.
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`Independent Claim l and the Claims Depending Therefrom
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`As amended, independent claim 1 is directed to a method comprising perfotming by a
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`first device:
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`obtaining contact infom1ation of a plurality of second devices;
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`initialing discovery of an fnternet Protocol (TP) address by using the contact
`infom1ation to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facilitating Tnternet Protocol (IP) based
`communication between the first device and the respective second devices;
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`ACTI VEill4943670.1
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`AG1STX_00004976
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`

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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 15 of 19 PageID #: 15083
`
`Application No. 14/695.233
`Reply to Offi<.-e Action of December 7, 2015
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`14
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`Docket No.: MOC-003
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`receiving respective IP-based responses to the SMS messages, wherein tlte !P(cid:173)
`hased responses to the S~JS messages include location information of the respective
`second devices;
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`transmitting IP-based messages including a location of the first device to the
`respective second devices;
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`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 respective locations of the second devices; and
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`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interaction with the display specifying an action and, based thereon, sending data to the
`one or more second devices. (Emphasis added.)
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`Even assuming, without conceding, that Melen and Hymes could have been properly
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`combined, no combination of Melen and Hymes would teach or suggest at least "receiving
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`respective IP-based responses to the S.MS messages, wherein the IP-based responses to the SMS
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`messages include location information of the respective second devices," as recited in claim I.
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`Melen describes "vehicle navigation systems that are capable of communicating with one
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`another" and "displaying tbe location of other vehicle navigation systems in the group"
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`(Abstract). According to Melen, the vehicle navigation systems exchange location information
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`by transmitting and receiving "OPS information of the corresponding vehicles" ([0028]). Melen
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`expressly states that the "GPS information" of the vehicle navigation systems is "transmitted and
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`received using text messaging (short messaging service)" ([0029]; see also [0045], [0053], and
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`[0060]). Melen does not teach or suggest that these text messages are IP-based. Thus, Melen's
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`description of transmitting and receiving location information using text messages does not teach
`or suggest "receiving respective IP-based responses to the SMS messages, wherein the IP-based
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`re:iponse.'i t<J tlte SMS messages include location inform(lti<Jn of the respective second devices,"
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`as recited in claim l (emphasis added).
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`Hymes appears to describe techniques for " establishing and facilitating electronic
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`communications between people that are in physical proximity to each other" (col. 13, lines 55-
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`57} In particular, Hymes describes a scenario in which "a user detects someone to whom they
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`want to commutlicate electronically," but the user does not "have an address for the intended
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`recipient-no device ID#, no telephone number, no email address, etc." (col. 17, lines 6-13).
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`ACTIVEill4943670.l
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`AG1STX_00004977
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 16 of 19 PageID #: 15084
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`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
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`15
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`Docket No.: MOC-003
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`According to Hymes, the user can use " [p]erceptual [a]ddressing ... to establish a communications
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`channel with" the intended recipient (col. 14, Jines 24-27) based on the intended recipient's
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`"approximate location relative to the user and .. . visual appearance" ( col. l 7, lines 6-1 3). Neither
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`the above-cited portion of Hymes nor the pottions of Hymes cited in the Office Action describe fP(cid:173)
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`based responses to SMS messages. Thus, Hymes has not been shown to teach or suggest
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`"receiving respective lP-based responses to the SMS messages, wherein the .IP-based responses
`to the SMS messages include location information of tlte respective secon<l devices," as recited
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`in clai m 1.
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`For at least the foregoing reasons, Melen and Hymes (individually or in combination) do
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`not teach or suggest at least the above-emphasized limitations of claim 1. Claim 1 therefore
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`patentably distinguishes over Melen and Hymes. Withdrawal of the rejection of claim 1 is
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`respectfull y requested. Claims 2-8, 3 1-36, 49, and 50 depend from claim I and are allowable for at
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`least the same reasons.
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`II.
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`Independent Clai m 11 and the Claims Depending Therefrom
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`As amended, independent claim 11 is directed to a system comprising one or more
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`computers programmed to perform operations comprising:
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`obtaining contact information of a plurality of second devices;
`initiating discovery of an fntemet Protocol (JP) address by using the contact
`information to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facil itating Internet Protocol (IP) based
`communication between the first device and the respective second devices;
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`receiving respective JP-based responses to the SMS messages, wherein the IP(cid:173)
`bm,ed responses to the SMS messages include location information of the respective
`.'iecond devices;
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`transmitting lP-based messages including a location of the first device to the
`respective second devices;
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`presenting, via an interactive display of the first device, an interactive map
`comprising a plurali ty of user selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the respective locations of the second devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and u ser
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`AC'flVEill4943670.l
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`AG1STX_00004978
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`Case 2:17-cv-00513-JRG Document 244-13 Filed 12/18/18 Page 17 of 19 PageID #: 15085
`
`Application No. 14/695.233
`Reply to Office Action of December 7, 2015
`
`16
`
`Docket No.: MOC-003
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`interaction with the display specifying an action and, based thereon, sending data to the
`one or more second devices. (Emphasis added.)
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`For reasons that should be apparent from the discussion above, Melen and Hymes do not
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`teach or suggest at least the above-emphasized elements of claim I I. Claim I I therefore
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`patentably distinguishes over Melen and Hymes. Withdrawal of the rejection of claim l l is
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`respectfully requested. Claims 12- l8 and 37-42 depend from claim 11 and are allowable for at
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`least the same reasons.
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`ill.
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`(ndependent Claim 21 and the Claims Depending Therefrom
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`As amended, independent claim 21 is directed to a non-transitory storage device having
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`instructions stored thereon that, when executed by a computer, cause the computer to pe1form
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`operations comprising:
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`obtaining contact information of a plurality of second devices;
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`initiating discovery of an Internet Protocol (IP) address by using the contact
`information to send, to the second devices, respective Short Message Service (SMS)
`messages including information for facil itating Internet Protocol (IP) based
`communication between the first device and the respective second devices;
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`receiving respective IP-based responses to the SMS mess