Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 1 of 18 PageID #: 15422
`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 1 of 18 PageID #: 15422
`
`EXHIBIT 20
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`EXHIBIT 20
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`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 2 of 18 PageID #: 15423
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`U NITl::iO STATES P ATEN'l' ANO T RADEMARK 0 Ft1ICE
`
`UXITED STATES DEPA RTMEJWOF COMMERCE
`Unltcd Stab."S l>atent and Tl-adematk Office
`Address: COM.'VIISSfONt:K FOi{ L'ATl;!NTS
`P.O. Bo., 1450
`A!UIUldri:t. Viriiiui•223 13·1450
`WW'/f,IJ!ipf:04(UV
`
`APPLICATCON NO.
`
`PCLIJ\O DATE
`
`f·1RST NAMED ~'IVENTOR
`
`ATTOR:,/EY DOCKET NO.
`
`CONFIRMATCON NO.
`
`14/529,978
`
`10/.11/20 14
`
`M:d.colm K Reyer Jr.
`
`MOC-001
`
`1()92
`
`08Jll412016
`
`7S90
`S1414
`GOOOWlN PROCl'ER LLP
`PATENT A0M£NIS'IRAT0 R
`I 00 Northern L\ venue
`BOSTON, MA 02210
`
`OBA Y ANJU, OMONIYl
`
`ART UNIT
`
`PAPERNU.'VIBER
`
`2646
`
`NO'IWlCA TION ])A Tr.
`
`l)flf.lVl1RY MOOE
`
`08/04t lOL6
`
`ELBCTRONTC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Noti.ce of the Office communication was sent e lectronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PA TENTBOS @GOODWINPROCTER.COM
`PS0USA-ATW(X>D@G00DW£NPROCTI:R.C0M
`GT .ENN.WIT .TJAMS@GOOOWCNPROCTER.COM
`
`PTOlAOA (Rev. 04/ 07)
`
`AG1STX_00002390
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 3 of 18 PageID #: 15424
`
`Office Action Summary
`
`Art Unit
`2646
`
`I
`
`Application No.
`14/529,978
`
`Examiner
`OMONIYI OBAYANJU
`
`Applicant(s)
`BEYER ET AL.
`AIA (First Inventor to File)
`Status
`Yes
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -·
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of lime may be available under the provisions of 37 CFR 1. 136{aj In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communicalion.
`If NO period for reply is specified above, the maximum slatutory period will apply and will expire SIX {6) MONTHS lrom the mailing date of this communication.
`Failure to reply within the set or extended period for reply will by statute, cause lhe applicalion to become ABANDONED (35 U S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. Soe 37 CFR 1,704{b).
`
`Status
`1)[81 Responsive to communication(s) filed on 04/25/2016.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.1 30(b) was/were filed on __ .
`2a)[81 This action is FINAL.
`2b)0 This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ; the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)[81 Claim(s) 1·4.7.9-16.19,20.22-27.30.31,33-38.42.45.48.49.53.56 and 59-89 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)[81 Claim(s) 1-4. 7,9-16. 19,20,22-27,30,31.33-38.42.45.48.49.53,56 and 59-89 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. Fo r more information, please see
`i'Lt,w:I/WVffl.USp1:o..&!Q.VlJ,1atents/init events{p.QP!indeX.ifill or send an inquiry to PPHfeedback@.U.fil)to . .99v.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the d rawing(s) be held in abeyance. See 37 C FR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 C FR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a clai m for foreign priority under 35 U.S.C. § 119{a)-(d) or (f).
`Certified copies:
`a)O All b)O Some** c)O None of the:
`1.0 Certified copies of the priority documents have been received .
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority docu ments have been received in this National Stage
`application from the International Bureau {PCT Rule 17.2(a)).
`•• See the attac hed detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) [81 Notice of References Cited {PT0-892)
`
`2) [811nformation Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 06/20/2016.
`U.S Patent ond Trodemork Offrce
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) D Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) D Other: __ .
`
`Part of Paper No./Mall Date 20160730
`
`AG1STX_00002391
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 4 of 18 PageID #: 15425
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page2
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`:The present application, fi led on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA
`
`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments filed 04/25/2016 have been fully considered but they are
`
`not persuasive.
`
`In response to applicant's argument that there is no suggestion to combine the
`
`references, the examiner recognizes that obviousness can only be established by
`
`combining or modifying the teachings of the prior art to produce the claimed invention
`
`where there is some teaching, suggestion, or motivation to do so found either in the
`
`references themselves or in the knowledge generally available to one of ordinary skill in
`
`the art. See In re Fine, 837 F.2d 1071, 5 USP02d 1596 (Fed. Cir. 1988) and In re
`
`Jones, 958 F.2d 347, 21 USP02d 1941 (Fed. Cir. 1992).
`
`In response to applicant's argument that the references Crowley et al. (US Patent
`
`No. 7593740) in view of Rousu et al. (US Publication No. 20050227705) and Melen (US
`
`Publication No. 20040148090) fails to show certain features of applicant's invention (i.e.
`
`wherein the first device is configured to participate in the group based on receiving a
`
`message related to joining the group, and wherein the first device is configured to
`
`AGISTX_00002392
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`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 5 of 18 PageID #: 15426
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 3
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`participate in the group by transmitting the location information comprising the updated
`
`location of the first device).
`
`In this case, Examiner very kindly directs the Applicant to Crowley e.g. fig.
`
`3, fig. 6, col. 15, lines 27-38, and col. 7, lines 14-31 , lines 60-67, which discussed the
`
`concept of connecting group of users (e.g. community of friends) and exchanging
`
`information such as location information among the users and/or friends.
`
`Thus, in regards to the at least claimed limitations in question, the claim does not
`
`specifically and/or uniquely define the limitations so as to be distinguished from the
`
`applied prior art. Given the claimed limitations its' broadest reasonable interpretation,
`
`the limitation in question has been fairly characterized as discussed below: wherein the
`
`first device is configured to participate in the group based on receiving a message
`
`related to joining the group (See, fig. 3, fig. 4, connecting and exchanging
`
`information among group of users or friends, col. 15, lines 27-38, sending e-mail
`
`invitation to join the community as a friend of user), and wherein the first device is
`
`configured to participate in the group by transmitting the location information comprising
`
`the updated location of the first device (See, fig. 3, col. 7, lines 14-31, lines 60-67,
`
`exchanging current location information with friends}.
`
`On the other hand, in an analogous field of endeavor, Rousu and Melen
`
`teaches the other claimed limitations as discussed in the previous rejection which will be
`
`further repeated in the rejection below.
`
`AG1STX_00002393
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`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 6 of 18 PageID #: 15427
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page4
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`Therefore, it would have been obvious to one of ordinary skill in the art at time
`
`invention was made to combine the teachings of Crowley and Rousu with the teachings
`
`Melen to achieve the goal of efficiently and conveniently communicating or interacting
`
`with other members of the group in a communication system. Therefore, the previous
`
`rejection is maintained.
`
`Claim Rejections- 35 USC§ 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to be
`patented and the prior art are such that the subject matter as a whole would have been obvious at the
`time the invention was made to a person having ordinary skill in the art to which said subject matter
`pertains. Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 1-4, 7, 9-16, 19, 20, 22-27, 30, 31 , 33-38, 42, 45, 48, 49, 53, 56, 62-82,
`
`84, and 85, are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Crowley et al. (US Patent No. 75937 40) in view of Rousu et al. (US Publication No.
`
`20050227705) and further in view of Melen (US Publication No. 20040148090).
`
`As to claim 1, Crowley teaches a computer-implemented method comprising :
`
`transmitting a respective map to each one of a plurality of devices wherein each of the
`
`devices is configured to display the respective map, and wherein the plurality of devices
`
`includes a first device and a plurality of second devices (fig. 3, fig. 7, col. 9, lines 15-19,
`
`transmit map to users); receiving from the first device location information comprising an
`
`updated location of the first device and transmitting the updated location of the first
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`AGISTX_00002394
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`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 7 of 18 PageID #: 15428
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page 5
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`device to the plurality of second devices (fig. 3, col. 7, lines 14-31, and lines 60-67,
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`communicating current location information e.g. Luna lounge), wherein the first device
`
`and the plurality of second devices are included in a group of devices (fig. 3, fig. 4,
`
`connecting and exchanging information among group of users or community of friends,
`
`col. 15, lines 27-38, sending e-mail invitation to join the community as a friend of user),
`
`wherein the first device is configured to participate in the group based on receiving a
`
`message related to joining the group (fig. 3, fig. 4, connecting and exchanging
`
`information among group of users or friends, col. 15, lines 27-38, sending e-mail
`
`invitation to join the community as a friend of user), and wherein the first device is
`
`configured to participate in the group by transmitting the location information comprising
`
`the updated location of the first device (fig. 3, col. 7, lines 14-31 , lines 60-67,
`
`exchanging current location information with friends). However, Crowley fails to
`
`explicitly teach wherein the device is configured to transmit the first device information
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`comprising the updated location of the first device based on a displacement of the first
`
`device by at least a predetermined distance relative to a previous location of the first
`
`device; and receiving from the first device selection information indicating user selection
`
`of one or more displayed symbols corresponding to one or more of the second devices.
`
`In an analogous field of endeavor, Rousu teaches wherein the device is
`
`configured to transmit the first device information comprising the updated location of the
`
`first device based on a displacement of the first device by at least a predetermined
`
`distance relative to a previous location of the first device (pp0025, pp0061 , pp007 4,
`
`providing updated location to other user, if terminal move more than a predefined
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`AG1STX_00002395
`
`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 8 of 18 PageID #: 15429
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page6
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`distance). Thus it would have been obvious to one of ordinary skill in the art at time
`
`invention was made to combine the teachings of Crowley with the teachings Rousu to
`
`achieve the goal of efficiently and reliably communicating location information to
`
`achieve an efficient resources use in a communication system (Rousu, pp0006).
`
`However, they both failed to explicitly teach receiving from the first device selection
`
`information indicating user selection of one or more displayed symbols corresponding to
`
`one or more of the second devices.
`
`In an analogous field of endeavor, Melen teaches receiving from the first
`
`device selection information indicating user selection of one or more displayed symbols
`
`corresponding to one or more of the second devices (fig. 4, fig. 5, #509, #510, touch
`
`selection of icon on the map, and pp0063). Thus it would have been obvious to one of
`
`ordinary skill in the art at time invention was made to combine the teachings of Crowley
`
`and Rousu with the teachings Melen to achieve the goal of efficiently and conveniently
`
`communicating or interacting with other members of the group in a communication
`
`system (Melen, pp0003).
`
`As to claim 2, Crowley teaches further comprising receiving respective contact
`
`information the first and the one or more second devices information comprising (fig. 3,
`
`col. 12, lines 34-49); and sending data between the first device and the one or more
`
`second devices using t he received contact information (fig . 3, and col. 13, lines 25-45,
`
`send message to friends) .
`
`AGISTX_00002396
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 9 of 18 PageID #: 15430
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 7
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`As to claims 3, 16, 27, 38, and 49, Crowley teaches wherein the data includes a
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`short message service message, a text message, an image, or a video (col. 9. lines 12-
`
`16).
`
`As to claims 4, 19, and 30, Crowley teaches wherein particular contact
`
`information is a phone number or an Internet Protocol address (fig. 3, col. 12, lines 34-
`
`49).
`
`As to claims 7, 20, and 31, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Melen further teaches further
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`comprising: performed by the first device: receiving user selection of a first of the one or
`
`more symbols on the respective map transmitted to the first device; obtaining contact
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`information associated with the first symbol; and performing an action using the contact
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`information wherein the action is initiating a phone call or transferring data (fig. 4, fig. 5,
`
`#509, #51 O, #511, touch selection of icon on the map, and pp0063, pp0068).
`
`As to claims 9, 22, 33, 45, and 56, Crowley in view of Rousu and Melen teaches
`
`the limitations of the independent claims as discussed above. Rousu further teaches
`
`wherein the first device is a personal data assistant (POA) or personal computer
`
`(Rousu, pp0017)
`
`As to claims 10, 23, and 34, Crowley teaches further comprising: receiving a
`
`request for a particular map from the first device wherein the request specifies a map
`
`location (fig. 3, fig. 7, col. 9, lines 15-19, transmit map to users); and sending the
`
`particular map to the first device (fig. 3, fig. 7, col. 9, lines 15-19, transmit map to users).
`
`AG1STX_00002397
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 10 of 18 PageID #: 15431
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page8
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`As to claims 11 , 24, and 35, Crowley teaches wherein the first device does not
`
`have access to a phone number or an Internet Protocol address of any of the one or
`
`more second devices (col. 16, lines 16-20, address maybe kept private).
`
`As to claims 12, 25, and 36, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Melen further teaches
`
`wherein the first map includes an aerial photograph, a satellite image, or a chart (Melen
`
`fig . 4).
`
`As to claim 13, Crowley teaches further comprising: receiving from one or more
`
`of the plurality of devices information corresponding to the location of fixed entities, said
`
`fixed entities comprising buildings, facilities, restaurants, or emergency locations; and
`
`transmitting to one or more of the plurality of devices the information corresponding to
`
`the location of the fixed entities (fig. 3, and col. 7, Luna Lounge).
`
`As to claim 14, Crowley teaches further comprising: receiving from one or more
`
`of the plurality of devices information corresponding to locations of events and/or
`
`entities; and transmitting to one or more of the plurality of devices the information
`
`corresponding to locations of the events and/or entities (fig. 3, and col. 7, Luna Lounge).
`
`As to claims 15 and 26, Crowley in view of Rousu and Melen teaches similar
`
`limitations as discussed in the method of claims 1 and 2 above.
`
`As to claims 37 and 48, Crowley in view of Rousu and Melen teaches similar
`
`limitations as discussed in the method of claims 1 and 2 above.
`
`As to claims 42 and 53, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Melen further teaches further
`
`AG1STX_00002398
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 11 of 18 PageID #: 15432
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 9
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`comprising: identifying user interaction with the display specifying a new symbol and a
`
`location of the new symbol (fig. 4, fig. 5, #509, #51 O, touch selection of icon on the map,
`
`and pp0063); presenting the new symbol on the map at the specified location (fig. 4, fig.
`
`5, #509, #510, touch selection of icon on the map, and pp0063); and sending the new
`
`symbol and the location to the plurality of second devices wherein each of the devices
`
`included in the plurality of second devices is configured to present the new symbol on
`
`an interactive map at the specified location (fig. 4, fig. 5, #509, #510, touch selection of
`
`icon on the map, and pp0063).
`
`As to claims 62 and 63, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Crowley further teaches
`
`wherein sending the data to the one or more second devices comprises transmitting a
`
`text message to at least one of the one or more second devices using an internet
`
`Protocol (IP) (Crowley, fig. 6, col. 11 , lines 49-67, internet).
`
`As to claims 64, 66, 68, 70, and 72, Crowley in view of Rousu and Melen
`
`teaches the limitations of the independent claims as discussed above. Melen further
`
`teaches further comprising : based on the selection information, establishing voice
`
`communication between the first device and the one or more second devices (fig. 4, fig.
`
`5, #509, #510, #511, touch selection of icon on the map, and pp0063).
`
`As to claims 65, 67, 69, 71, and 73, Crowley in view of Rousu and Melen
`
`teaches the limitations of the independent claims as discussed above. Melen further
`
`teaches wherein the voice communication comprises a phone call (fig. 4, fig. 5, #509,
`
`#510, #511 , touch selection of icon on the map, pp0039 and pp0063).
`
`AG1STX_00002399
`
`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 12 of 18 PageID #: 15433
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 10
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`As to claims 77 and 81, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Crowley further teaches
`
`wherein the data includes voice recording (Crowley, col. 9, lines 1-15).
`
`As to claims 74 and 78, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Rousu further teaches
`
`wherein at least one device included in the group is configured to transmit information
`
`comprising an updated location of the at least one device based on passage of at least
`
`a predetermined time interval since transmitting information comprising a location of the
`
`at least one device (Rousu, pp0061 , sending updated location within a defined given
`
`time limit).
`
`As to claim 75, Crowley in view of Rousu and Melen teaches the limitations of
`
`the independent claims as discussed above. Crowley further teaches wherein at least
`
`one device included in the group is configured to transmit information comprising an
`
`updated location of the at least one device (1) to a server (fig. 3, col. 7, lines 14-31 , and
`
`lines 60-67, communicating current location information e.g. Luna lounge), (2) using
`
`Internet Protocol (IP) (Crowley, fig . 6, fig. 3, col. 11 , lines 49-67, internet), and Rousu
`
`further teaches (3) based on passage of at least a predetermined time interval since
`
`transmitting information comprising a location of the at least one device (Rousu,
`
`pp0061 , sending updated location within a defined given time limit).
`
`As to claims 76, 79, and 80, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Crowley further teaches
`
`wherein sending the data via a server between the first device and the one or more
`
`AG1STX_00002400
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 13 of 18 PageID #: 15434
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 11
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`second devices comprises: receiving the data from the first device using Internet
`
`Protocol (IP) and transmitting the data to the one or more second devices using IP
`
`(Crowley, fig. 6, fig. 3, col. 11 , lines 49-67, internet).
`
`As to claim 82, Crowley teaches wherein transmitting the first location
`
`information comprises transmitting the first location information to a server, and wherein
`
`obtaining the second location information comprises obtaining the second location from
`
`the server (fig. 3, col. 7, lines 14-31 , lines 60-67, exchanging current location
`
`information with friends).
`
`As to claims 84 and 85, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. Melen further teaches
`
`wherein the message includes an identifier of the group (pp0074, download group
`
`information).
`
`Claims 59, 60 and 61 , are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Crowley et al. (US Patent No. 7593740) in view of Rousu et al. (US
`
`Publication No. 20050227705) and further in view of Melen (US Publication No.
`
`20040148090) and Sheha et al. (US Publication No. 20040054428).
`
`As to claims 59, 60 and 61, Crowley in view of Rousu and Melen teaches the
`
`limitations of the independent claims as discussed above. However, failed to explicitly
`
`teach wherein transmitting the updated location of the first device to the plurality of
`
`AG1STX_00002401
`
`

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`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 14 of 18 PageID #: 15435
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 12
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`second devices comprises pushing the updated location of the first device to the
`
`plurality of second devices.
`
`In an analogous field of endeavor, Sheha teaches wherein transmitting the
`
`updated location of the first device to the plurality of second devices comprises pushing
`
`the updated location of the first device to the plurality of second devices (pp0007, push
`
`updated locations). Thus it would have been obvious to one of ordinary skill in the art at
`
`time invention was made to combine the teachings of Crowley, Rousu, and Melen with
`
`the teachings Sheha to achieve the goal of efficiently and reliably transferring location(cid:173)
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`related information using a real-time communication system (Sheha, pp0002).
`
`Claim 83 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Crowley et al. (US Patent No. 7593740) in view of Rousu et al. (US Publication No.
`
`20050227705) and further in view of Melen (US Publication No. 20040148090) and
`
`Gorday et al. (US Patent No. 7024207).
`
`As to claim 83, Crowley in view of Rousu and Melen teaches the limitations of
`
`the independent claim as discussed above. However they failed to teach wherein
`
`participating in the group further includes: transmitting first status information comprising
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`at least one of item of information selected from the group consisting of a battery level
`
`of the first device and a signal strength of a wireless signal of the first device; and
`
`receiving second status information comprising at least one item of information selected
`
`from the group consisting of a plurality of battery levels of the plurality of second devices
`
`AG1STX_00002402
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 15 of 18 PageID #: 15436
`
`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 13
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`included in the group and a plurality of signal strengths of wireless signals of the
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`plurality of second devices included in the group.
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`In an analogous field of endeavor, Gorday teaches wherein participating in the
`
`group further includes: transmitting first status information comprising at least one of
`
`item of information selected from the group consisting of a battery level of the first
`
`device and a signal strength of a wireless signal of the first device (fig. 4, col. 4, lines
`
`46-50, and elm. 6, signal strength); and receiving second status information comprising
`
`at least one item of information selected from the group consisting of a plurality of
`
`battery levels of the plurality of second devices included in the group and a plurality of
`
`signal strengths of wireless signals of the plurality of second devices included in the
`
`group (fig. 4, col. 4, lines 46-50, and elm. 6, signal strength). Thus it would have been
`
`obvious to one of ordinary skill in the art at time invention was made to combine the
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`teachings of Crowley, Rousu, and Melen with the teachings Gorday to achieve the goal
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`of efficiently and reliably selecting for communication a subset of these devices when
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`thei r relative geographic location meets specific criteria, such as directional and range
`
`criteria, and transmits one or more messages to the selected devices (Gorday, col. 2,
`
`lines 45-49).
`
`Claims 86-89, are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Crowley et al. (US Patent No. 7593740) in view of Rousu et al. (US
`
`Publication No. 20050227705) and further in view of Melen (US Publication No.
`
`20040148090) and Serafat et al. (US Patent No. 7421270).
`
`AGISTX_00002403
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 16 of 18 PageID #: 15437
`
`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 14
`
`As to claims 86 and 88, Crowley, Rousu, and Melen teaches the limitations of
`
`the independent claims as discussed above. However they failed to explicitly teach
`
`further comprising: receiving, from the first device, a message related to remotely
`
`controlling a second device included in the group of devices to perform an action; and
`
`remotely controlling the second device to perform the action by sending the message to
`
`the second device.
`
`In an analogous field of endeavor, Serafat teaches further comprising:
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`receiving, from the first device, a message related to remotely controlling a second
`
`device included in the group of devices to perform an action (fig. 1, abs, col. 5, lines 26-
`
`42, and col. 3, lines 43-58, transmitting control data from one device to another device
`
`for remotely changing operating characteristics or settings of the another device in a
`
`group or team); and remotely controlling the second device to perform the action by
`
`sending the message to the second device (fig. 1, abs, col. 5, lines 26-42, and col. 3,
`
`lines 43-58, transmitting control data from one device to another device for remotely
`
`changing operating characteristics or settings of the another device in a group or team).
`
`Thus it would have been obvious to one of ordinary skill in the art at time invention was
`
`made to combine the teachings of Crowley, Rousu, and Melen with the teachings
`
`Serafat to achieve the goal of efficiently and reliably communicating settings information
`
`among wireless communication devices in a communication system (Serafat, col. 2,
`
`lines 42-46).
`
`AG1STX_00002404
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 17 of 18 PageID #: 15438
`
`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 15
`
`As to claims 87 and 89, Crowley, Rousu, Melen, and Serafat, teaches the
`
`limitations of the claims as discussed above. Serafat further teaches wherein the
`
`message indicates the action to be performed, and wherein the action is selected from
`
`the group consisting of playing audio, initiating a phone call, vibrating, converting text to
`
`speech, changing sound intensity, and displaying information (fig. 1, abs, col. 5, lines
`
`26-42, and col. 3, lines 43-58, changing volume loudness settings).
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire
`
`THREE MONTHS from the mailing date of this action. In the event a first reply is
`
`filed within TWO MONTHS of the mailing date of this final action and the advisory
`
`action is not mailed until after the end of the THREE-MONTH shortened statutory
`
`period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be
`
`calculated from the mailing date of the advisory action. In no event, however, will
`
`the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
`
`AG1STX_00002405
`
`

`

`Case 2:17-cv-00513-JRG Document 244-18 Filed 12/18/18 Page 18 of 18 PageID #: 15439
`
`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 16
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`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to OMONIYI OBAYANJU whose telephone
`
`number is (571 )270-5885. The examiner can normally be reached on Mon - Fri,
`
`7:30 - 5:00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner's supervisor, KAMRAN AFSHAR can be reached on 571-272-7796.
`
`The fax phone number for the organization where this application or proceeding
`
`is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from
`
`the Patent Application Information Retrieval (PAIR) system. Status information
`
`for published applications may be obtained from either Private PAIR or Public
`
`PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair(cid:173)
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll(cid:173)
`
`free). If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/OMONIYI OBAYANJU/
`Primary Examiner, Art Unit 2646
`
`AG1STX_00002406
`
`