Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 1 of 18 PageID #: 15440
`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 1 of 18 PageID #: 15440
`
`EXHIBIT 21
`
`EXHIBIT 21
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 2 of 18 PageID #: 15441
`
`U NITl::iO STATES P ATl::iN'l' ANO T RA Ol:iMARK 0 Ft11CE
`
`UXITED STATES DEPA RTMEJWOF COMMERCE
`Unltcd Stab."S l>atent a nd Tl-adematk Office
`Address: COM.'VIISS fONt: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.
`
`CONFIRMAT CON NO.
`
`14/529,978
`
`10/.11/20 14
`
`M:d.colm K Reyer Jr.
`
`MOC-001
`
`1()92
`
`08Jl 9/201S
`
`7S90
`S141 4
`GOOOWlN PROCl'ER LLP
`PATENT AOM[NJS1RATOR
`53 STATE STREET
`EXCHANGE PLACE
`BOSTON, MA 02 L09-288l
`
`OBA Y ANJU, OMONIYl
`
`ARTVNIT
`
`PAPERNU.'VIBER
`
`2646
`
`NOTIRCA TION ])A Tr.
`
`l)flf.lVl1RY MOOE
`
`08/19/2015
`
`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 electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PA TENTBOS @GOODWINPROCTER.COM
`PSOUSA-ATWOOD@GOODWINPROCTI:R.COM
`GT .ENN.WIT .TJAMS@GOOOWrNPROCTER.COM
`
`PTOL-90A (Rev. 04/07)
`
`AG1STX_00002644
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 3 of 18 PageID #: 15442
`
`Application No.
`14/529,978
`
`Applicant(s)
`BEYER ET AL.
`
`Office Action Summary
`
`Examiner
`OMONIYI OBAYANJU
`
`AIA {First Invento r to File)
`Status
`No
`- The MAILING DA TE 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 COM MUNICATION.
`Extensions of time may be available under the provisions of 37 CFA 1. 136{aj . In no event, howeve,, may a reply be timely filed
`alter SI X (6) MONTHS from the mailing date of 1his communica1ion.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within 1he set o r extended period lor reply will by stalute, cause the application to become ABAN DONED (35 U.S.C. § 133).
`Any reply received by the Olfice later than throe months alter the mailing dale o f 1h1s communication, even if timely iiled, may reduce any
`eamed patern term adjuS1ment. See 37 CFR 1. 704(b).
`
`Art Unit
`2646
`
`I
`
`Status
`1)[81 Responsive to comm unication(s) filed on 05/28/2015.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)l:8] 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) 1-63 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) 1-63is/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. For more information, please see
`i'Lt,w:/twvffl.USpto..&1Q.V{pJ1tents/init eventsfp.Q,rilindex.lm o r send an inquiry to PPH feedback@.u.fil)to.,ggv.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )0 The drawing(s) filed on __ ls/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objectio n to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the co rrection is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim 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 .O 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 documents 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) [83 Notice of References Cited (PT0-892)
`2) 0 lnfonnation Disclosure Statement(s) (PT01SB/08a and/or PTOi SB/08b)
`Paper No(s)/Mail Date _
`_ .
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`U.S. Patent ond Trodemmk Olflce
`P1'0L·326 (Rev. 11- 13)
`
`Office Action Summary
`
`Part of Paper No.!Mail Date 20150813
`
`AG1STX_00002645
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`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 4 of 18 PageID #: 15443
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page2
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`The present application is being examined under the pre -AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments with respect to claims 1-63, have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the
`
`current rejection.
`
`Claim Re 'ections - 35 USC §_ 112
`
`The following is a guotation of the first ~aragraph of 35 U.S.C. 11 2(a ·
`
`~ - -(a) IN GENERAL.-The specification shall contain a written description of
`the invention , and of the manner and process of making and using it, in such full
`clear, concise, and exact terms as to enable any person skilled in the art to which it
`pertains, or with which it is most nearly connected , to make and use the same, and
`shall set forth the best mode contemplated by the inventor or joint inventor of carrying
`out the invention.
`
`The following is a guotation of the first paragragh of Rre-AIA 35 U.S.C.
`
`J he specification shall contain a written description of the invention , and of
`the manner and process of making and using it, in such full, clear, concise, and exact
`terms as to enable any person skilled in the art to which it pertains, or with which it is
`most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor of carrying out his invention.
`
`Claims 1, 15, 26, 37, and 48, are rejected under 35 U.S.C. 11 2(a) or 35 U.S.C.
`
`112 (pre-AIA), first paragraph, as failing to comRIY with the written description
`
`requirement. The claim(§) contains subject matter which was not described in the
`
`specification in such a way as to reasonably convey to one skilled in the relevant art that
`
`AG1STX_00002646
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 5 of 18 PageID #: 15444
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 3
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`the inventor or a joint inventor, or for r2re-AIA the inven!QI(~), at the time the a plication
`
`was filed, had P.Ossession of the claimed invention.
`
`each of the devices, based on assage of a predetermined time interval since
`
`receiving information comprising a location of the device, a displacement of the
`
`device by a predetermined distance relative to a previous location of the device
`
`or both, receiving from the devices information comRrising an updated location of the
`
`device and transmitting t
`
`updated location of the device to one or more other
`
`devices" (Emi:2hasis Added). Upon further review of the AP.plicant's original specification
`
`of file, the limitations stated above were not mentioned, inconsistent, and/or not clearl ~
`
`described so as to be readil understood by one of ordinary skill in the art. The
`
`Applicant's original specification merely stated that "The hook apgJication software
`
`determines that the stylus Car finger) is pointed close to or at the location of the symbol
`
`and e,uts a circle, sguare or other indication around the sr.mbol indicating that
`
`amBJification information concerning the symbol is to be dis la ed. The a erator can
`
`hook entered tracks or his own track symbol and add data or chang_e data associated
`
`with the indicated sr.mbol. The hook application code then sends a message to the
`
`database application code to store the faci/it or entity's u dated data." Thus, the
`
`introduction of the newly amended limitations that were not supported and/or clearly:
`
`described by the specification raises the issue of new matter
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`AGISTX_00002647
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 6 of 18 PageID #: 15445
`
`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page4
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`(b) CONCLUSION.-The specification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the inventor or a joint
`inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 11 2 (pre-AIA), second
`paragraph:
`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
`
`Claim 59·61 recites the limitation "the location" in the first line. There is
`
`insufficient antecedent basis for this limitation in the claim. The independent claims
`
`recites "an updated location'', therefore it is unclear and/or inconsistent as to which
`
`location the dependent claims are referring to.
`
`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 1-36 and 59-61 , 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 Streenstra et al.
`
`(US Publication No. 20060047825) and further in view of Tengler et al. (US Publication
`
`No. 20040252050).
`
`As to claim 1, Crowley teaches a computer-implemented method comprising:
`
`transmitting a map to each one of a plurality of devices wherein the devices are
`
`AGISTX_00002648
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 7 of 18 PageID #: 15446
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Pages
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`each configured to display the map (fig. 3, fig. 7, col. 9, lines 15-19, transmit map to
`
`users); receiving from the device information comprising location of the device and
`
`transmitting the location of the device to one or more other devices (fig. 3, col. 7, lines
`
`25-31 , and lines 60-67, communicating location information); transmitting to each of the
`
`other devices information comprising a location on the map of each of the one or more
`
`devices (fig. 3, fig. 7, col. 9, lines 15-19, transmit map to users). However, Crowley fails
`
`to explicitly teach user symbol and receiving from one or more of the devices
`
`information indicating user selection of at least one of the displayed symbols
`
`corresponding to one or more other devices.
`
`In an analogous field of endeavor, Streenstra teaches user symbol and
`
`receiving from a one or more of the devices information indicating user selection of at
`
`least one of the displayed symbols corresponding to one or more other devices
`
`(pp0038, fig. 4, display selection of the list of active Qsocial users, and pp0019, fig. 5,
`
`shows icon 502 or 504 of users and their locations on the activity map). 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 Streenstra to achieve the goal of
`
`efficiently and reliably creating and maintaining location based service social network in
`
`a communication system (Streenstra, pp0006). However, they both failed to explicitly
`
`teach for each of the devices, based on passage of a predetermined time interval since
`
`receiving information comprising a location of the device, a displacement of the device
`
`by a predetermined distance relative to a previous location of the device, or both,
`
`receiving and transmitting updated location of the device to one or more other devices.
`
`AGISTX_00002649
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 8 of 18 PageID #: 15447
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 6
`
`In an analogous field of endeavor, Tengler teaches for each of the devices,
`
`based on passage of a predetermined time interval since receiving information
`
`comprising a location of the device (fig. 1, and pp0023, pp0007, transmitting signal to
`
`update positional information of devices at a predetermined spaced time interval), a
`
`displacement of the device by a predetermined distance relative to a previous location
`
`of the device, or both, receiving and transmitting updated location of the device to one
`
`or more other devices (fig. 1, and pp0023, pp0007, transmitting signal to update
`
`positional information of devices at a predetermined spaced time interval). 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 Streenstra with the teachings Tengler to achieve
`
`the goal of efficiently and reliably monitoring and/or tracking the location of plurality of
`
`devices in a communication system (Tengler, pp0008).
`
`As to claim 2, Crowley teaches further comprising receiving from one or more of
`
`the devices information comprising the respective contact information for the device (fig.
`
`3, col. 12, lines 34-49); and facilitating communication between the one or more devices
`
`using the received contact information (fig. 3, and col. 13, lines 25-45, send message to
`
`friends).
`
`As to claims 3, 16, and 27, Crowley teaches wherein the communication is a
`
`phone call, a short message service message, a voice message, a text message, an
`
`electronic mail message, an image, or a video (col. 9, lines 12-16).
`
`AG1STX_00002650
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 9 of 18 PageID #: 15448
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 7
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`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 5, 17, and 28, Crowley teaches wherein at the devices are part of a
`
`same group within a user-specified geographic area (fig. 3, friends near Luna lounge).
`
`As to claims 6, 18, and 29, Crowley teaches wherein the group is a friends or
`
`family group (fig. 3, friends near Luna lounge).
`
`As to claims 7, 20, and 31, Crowley teaches further comprising : performed by
`
`one of the devices (fig. 3): obtaining contact information associated with the user (fig. 3,
`
`col. 12, lines 34-49); and performing an action using the contact information wherein the
`
`action is initiating a phone call, transferring data, sending an electronic mail message,
`
`or opening a web page (fig. 3, and col. 13, lines 25-45, send message to friends, and
`
`col. 9, lines 12-16). However failed to explicitly teach receiving user selection of the
`
`symbol on the map.
`
`In an analogous field of endeavor, Streenstra teaches receiving user selection
`
`of the symbol on the map (pp0038, fig. 4, display selection of the list of active Qsocial
`
`users, and pp0019, fig. 5, shows icon 502 or 504 of users and their locations on the
`
`activity map). 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 Streenstra
`
`to achieve the goal of efficiently and reliably creating and maintaining location based
`
`service social network in a communication system (Streenstra, pp0006).
`
`AG1STX_00002651
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 10 of 18 PageID #: 15449
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page8
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`As to claims 8, 21, and 32, Crowley in view of Streenstra teaches wherein the
`
`symbol represents a facility or a person's home (Streenstra, fig. 5, and pp0026).
`
`As to claims 9, 22, and 33, Crowley in view of Streenstra teaches wherein the
`
`device is a smart phone, a personal data assistant, a tablet computer, a desktop
`
`computer, or a laptop computer (Streenstra, pp0019, wireless terminals).
`
`As to claims 10, 23, and 34, Crowley teaches further comprising: receiving a
`
`request for the map from one or more of the devices wherein the request comprises one
`
`or more parameters and wherein a parameter specifies a map location (fig. 3, fig. 7, col.
`
`9, lines 15-19, transmit map to users) or a zoom indication ; and sending the map to the
`
`one or more devices (fig. 3, fig. 7, col. 9, lines 15-19, transmit map to users).
`
`As to claims 11, 24, and 35, Crowley teaches wherein the devices do not have
`
`access to a phone number or an Internet Protocol address of any other of the devices
`
`(col. 16, lines 16-20, address maybe kept private).
`
`As to claims 12, 25, and 36, Crowley in view of Streenstra teaches wherein the
`
`first map is an aerial photograph, a satellite image, or a chart (Streenstra, fig. 5).
`
`As to claim 13, Crowley teaches further comprising: receiving from one or more
`
`devices information corresponding to the location of fixed entities, said fixed entities
`
`comprising buildings, facilities, restaurants, or emergency locations; and transmitting to
`
`all other of the 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
`
`devices information corresponding to the location of events; and transmitting to all other
`
`AG1STX_00002652
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 11 of 18 PageID #: 15450
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 9
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`of the devices the information corresponding to the location of the events (fig. 3, and
`
`col. 7, Luna Lounge).
`
`As to claims 15 and 26, Crowley in view of Streenstra teaches similar limitations
`
`as discussed in the method of claims 1 and 2 above.
`
`As to claims 59, 60 and 61, Crowley in view of Streenstra teaches wherein
`
`transmitting the location to one or more other devices comprises pushing the location to
`
`the one or more other devices (Crowley, col. 6, lines 49-56, broadcast to other group
`
`member) (Streenstra, pp0052, Push concept).
`
`Claims 37-40, 42-51 , 53-58, 62, and 63, are rejected under 35 U.S.C. 103 as
`
`being unpatentable over Streenstra et al. (US Publication No. 20060047825) in view of
`
`Mayer (US Publication No. 20030093405) and further in view of Tengler et al. (US
`
`Publication No. 20040252050).
`
`As to claims 37 and 48, Streenstra teaches a computer-implemented method
`
`comprising: receiving user selection of a group of one or more users on an interactive
`
`display of a first device wherein each user is associated with a respective second
`
`device (pp0038, fig. 4, display selection of the list of Osocial users, and pp0019);
`
`obtaining a respective location for of each of the second devices (pp0042, provide
`
`locations of active users); presenting an interactive map on the display comprising one
`
`or more user-selectable symbols wherein each symbol corresponds to one of the
`
`second devices and is positioned on the map at a location corresponding to the
`
`AG1STX_00002653
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 12 of 18 PageID #: 15451
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 10
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`respective location of the second device (fig. 5, shows icon 502 or 504 of users and
`
`their locations on the activity map); identifying user interaction with the display
`
`specifying an action and, based thereon, initiating a communication with the second
`
`devices (pp0048, send invitation, and pp0025, user input). However, Streenstra fails to
`
`explicitly teach obtaining a respective contact information for of each of the second
`
`devices.
`
`In an analogous field of endeavor, Mayer teaches obtaining a respective
`
`contact information for of each of the second devices (fig. 9, dates currently online
`
`includes email address or telephone number). Thus it would have been obvious to one
`
`of ordinary skill in the art at time invention was made to combine the teachings of
`
`Streenstra with the teachings Mayer to achieve the goal of efficiently and reliably
`
`enhancing flexible communication between users in a communication system (Mayer,
`
`pp0009). However, they both failed to explicitly teach based on passage of a
`
`predetermined time interval since transmitting information comprising a location of the
`
`first device, a displacement of the first device by a predetermined distance relative to a
`
`previous location of the first device, or both, transmitting information comprising an
`
`updated location of the first device.
`
`In an analogous field of endeavor, Tengler teaches based on passage of a
`
`predetermined time interval since transmitting information comprising a location of the
`
`first device (fig. 1, and pp0023, pp0007, transmitting signal to update positional
`
`information of devices at a predetermined spaced time interval), a displacement of the
`
`first device by a predetermined distance relative to a previous location of the first
`
`AG1STX_00002654
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 13 of 18 PageID #: 15452
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 11
`
`device, or both, transmitting information comprising an updated location of the first
`
`device (fig. 1, and pp0023, pp0007, transmitting signal to update positional information
`
`of devices at a predetermined spaced time interval). Thus it would have been obvious to
`
`one of ordinary skill in the art at time invention was made to combine the teachings of
`
`Streenstra and Mayer with the teachings Tengler to achieve the goal of efficiently and
`
`reliably monitoring and/or tracking the location of plurality of devices in a communication
`
`system (Tengler, pp0008).
`
`As to claims 38 and 49, Streenstra in view of Mayer teaches the limitations of
`
`the independent claims as discussed above. Mayer further teaches wherein a particular
`
`communication is a phone call, a short message service message, a voice message, a
`
`text message, an electronic mail message, an image, or a video (pp0070, pp0076, and
`
`pp0090, different communication protocol).
`
`As to claims 39 and 50, Streenstra in view of Mayer teaches the limitations of
`
`the independent claims as discussed above. Mayer further teaches wherein the group
`
`of users is within a user-specified distance from a current location of the first device
`
`(pp0072, and claim 40, distance to the potential date).
`
`As to claims 40 and 51 , Streenstra teaches wherein each user is associated
`
`with a same category (pp0037, matched profile).
`
`As to claims 42 and 53, Streenstra teaches 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 (fig. 5, shows icon 502
`
`or 504 of users and their locations on the activity map) ; and sending the new symbol
`
`AG1STX_00002655
`
`

`

`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 14 of 18 PageID #: 15453
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`Application/Control Number: 14/529,978
`Art Unit: 2646
`
`Page 12
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`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
`
`(fig. 5, shows icon 502 or 504 of users and their locations on the activity map).
`
`As to claims 43 and 54, Streenstra in view of Mayer teaches the limitations of
`
`the independent claims as discussed above. Streenstra further teaches the concept of
`
`removing the selected symbol from the presentation of the map (fig. 5, shows icon 502
`
`or 504 of users and their locations on the activity map and pp0045, expanding or
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`shrinking the activity map). Mayer further teaches further comprising: identifying user
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`interaction with the display specifying user to be deleted (pp0064, pp0065, delete user
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`from list, and update contactee list); removing the selected user from the list (pp0064,
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`pp0065, delete user from list, and update contactee list); and sending information
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`identifying the user to the second devices wherein each of the second devices is
`
`configured to remove the user from a list (pp0064, pp0065, delete user from list, and
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`update contactee list, and send the update to all people who have him/her on their
`
`contactee list).
`
`As to claims 44 and 55, Streenstra in view of Mayer teaches the limitations of
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`the independent claims as discussed above. Streenstra further teaches the concept of
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`further comprising: identifying user interaction with the display selecting a new symbol
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`and associating the new symbol with content (fig. 5, shows icon 502 or 504 of users and
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`their locations on the activity map and pp0045, expanding or shrinking the activity map).
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`Mayer further teaches wherein the content is an image, text, a voice recording, a video,
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`an electronic mail address, or a Uniform Resource Locator (pp0070, pp0076, and
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`AGISTX_00002656
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`

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`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 15 of 18 PageID #: 15454
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page 13
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`pp0090, different communication protocol, and fig . 9); and sending the content to the
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`second devices wherein each of the second devices is configured to associate the
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`content with the new list (pp0064, pp0065, update contactee list, and send the update to
`
`all people who have him/her on their contactee list, and fig. 9).
`
`As to claims 45 and 56, Streenstra in view of Mayer teaches the limitations of
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`the independent claims as discussed above. Streenstra further teaches wherein a
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`particular device is a smart phone, a personal data assistant, a tablet computer, a
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`desktop computer, or a laptop computer (pp0019, wireless terminals).
`
`As to claims 46 and 57, Streenstra in view of Mayer teaches the limitations of
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`the independent claims as discussed above. Mayer further teaches further comprising:
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`presenting an alert when one of the second devices is within a user-specified distance
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`of the first device (pp0072, pp0076, and claim 40, cellular devices can be notified
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`automatically as soon as someone fitting a certain criterion is close to them below a
`
`certain distance).
`
`As to claims 47 and 58, Streenstra in view of Mayer teaches the limitations of
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`the independent claims as discussed above. Mayer further teaches further comprising:
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`presenting an alert when a current location of the fi rst device is within a user-specified
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`distance of a facility (pp0072, and claim 40, alert the user anytime he/she is close to
`
`someone available for dating and compatible. This can be useful for example at a
`
`university, on a bus, on a train, in shopping malls, etc.).
`
`As to claims 62 and 63, Streenstra in view of Mayer teaches wherein initiating
`
`the communication with the second devices comprises transmitting a text message to at
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`AGISTX_00002657
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`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 16 of 18 PageID #: 15455
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page 14
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`least one IP address corresponding to at least one of the second devices (Mayer,
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`pp0075 and fig. 9).
`
`Claims 41 and 52 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Streenstra et al. (US Publication No. 20060047825) in view of Mayer (US Publication
`
`No. 20030093405) and further in view of Tengler et al. (US Publication No.
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`20040252050) and Melen (US Publication No. 20040148090).
`
`As to claims 41 and 52, Streenstra in view of Mayer and Tengler teaches the
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`limitations of the independent claims as discussed above. However, they failed to
`
`explicitly teach wherein receiving user selection of the group of one or more users in the
`
`interactive display comprises identifying user interaction with the interactive map via the
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`display, the user interaction comprising selecting the one or more users by selecting
`
`one or more symbols corresponding to the one or more users on the interactive map.
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`In an analogous field of endeavor, Melen teaches wherein receiving user
`
`selection of the group of one or more users in the interactive display comprises
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`identifying user interaction with the interactive map via the display (fig. 4, fig. 5, #509,
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`#51 O, touch selection of icon on the map, and pp0063), the user interaction comprising
`
`selecting the one or more users by selecting one or more symbols corresponding to the
`
`one or more users on the interactive map (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 Streenstra, Mayer,
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`AGISTX_00002658
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`

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`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 17 of 18 PageID #: 15456
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page 15
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`and Tengler with the teachings Melen to achieve the goal of efficiently and conveniently
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`communicating or interacting with other members of the group in a communication
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`system (Melen, pp0003).
`
`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`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
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`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
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`action is not mailed until after the end of the THREE-MONTH shortened statutory
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`period, then the shortened statutory period will expire on the date the advisory
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`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
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`the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to OMONIYI OBAYANJU whose telephone
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`number is (571 )270-5885. The examiner can normally be reached on Mon - Fri,
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`7:30 - 5:00PM.
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`AGISTX_00002659
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`

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`Case 2:17-cv-00513-JRG Document 244-19 Filed 12/18/18 Page 18 of 18 PageID #: 15457
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`Application/Control Number: 14/529,978
`Art Unit: 2646
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`Page 16
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`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner's supervisor, KAMRAN AFSHAR can be reached on 571-272-7796.
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`The fax phone number for the organization where this application or proceeding
`
`is assigned is 571-273-8300.
`
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`PAIR. Status information for unpublished applications is available through
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