Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 1 of 16 PageID #: 14998
`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 1 of 16 PageID #: 14998
`
`EXHIBIT 9
`
`EXHIBIT 9
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 2 of 16 PageID #: 14999
`
`Docket No.: MOC-005
`(PATENT)
`
`IN THE UNITED STA TES PA TENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Malcolm K. Beyer, Jr. et al.
`
`Application No.: 14/633,804
`
`Coufirmation No.: 8573
`
`Filed : February 27, 2015
`
`Art Unit: 2646
`
`For: METHOD TO PROVLDE AD HOC AND
`PASSWORD PROTECTED DIGlTAL AND
`VOICE NETWORKS
`
`Examiner: 0. Obayanju
`
`AMENDMENT IN RESPONSE TO NON-FINAL OFFICE ACTION
`UNDER 37 C . .F.R. § I.Ill
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`INTRODUCTORY COMl\llENTS
`
`l 11 response to tl1 e Office Action dated Augu. t 13, 20 15, plea e amend the above(cid:173)
`
`ide11tit1ed U.S. pater11 app lication as follows:
`
`Amendments to the Specification begin 011 page 2 of this paper.
`
`Amendments to the Claims are refl ected in the !isling of claim which begins on
`
`page 3 of tl1i paper.
`
`Remarks/Arguments begin 0 11 page 10 of this paper.
`
`ACTIVE.'84232869.2
`
`AG1STX_00004297
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 3 of 16 PageID #: 15000
`
`Application No. 14/633,804
`Amendment dated November: L3, 2015
`Reply lo Otlice Action of August l 3, 2015
`
`2
`
`Docket No.: MOC-005
`
`AMENDMENTS TO THE SPECIFICATION
`
`Please amend the first paragraph of the spccifica:tion under the beadiug CROSS
`REFERENCE TO RELATED APPLICATIONS as indicated below. No new matter is added.
`
`[0001] This application is a continuation of co-pending U.S. Patent Application Serial No.
`
`14/529,978 filed on October 31, 2014, which is a continuation-in-part of U.S. Patent Application
`Serial No. 14/027,410 filed on September 16, 2013, now U.S. Patent No. 8,880,042, issued
`
`November 4, 2014, which is a continuation of U.S. Patent Application Serial No. 13/751,453
`
`filed January 28, 2013, now U.S. Pate11t No. 8,538,393 issued September 17, 2013, which is a
`continuatioo-in-patt of U.S. Patent Application Serial No. 12/761,533 filed on April l 6, 20 l 0,
`
`now U.S. Patent No. 8,364,129 issued January 29, 2013, which is a continuation-in-part of U.S.
`
`Patent Application Serial No. l l/615,472 filed on December 22, 2006, now U.S. Patent No.
`
`8,126,44 1 issued on February 28, 2012, which is a continuation-in-part of U.S. Patent
`
`Application Serial No. 11/308,648 filed April 17, 2006, now U.S. Patent No. 7,630,724 issued
`on December 8, 2009, which is a continuation-in-part of U.S. Patent Application Serial No.
`10/711,490, filed on September 21, 2004, now U.S. Patent No. 7,031,728 issued on April 18,
`
`2006. All of the proeeeEling preceding applications are incorporated herein by r eference in tl1eir
`
`entirety,
`
`ACTIVE,'84232869.2
`
`AG1STX_00004298
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 4 of 16 PageID #: 15001
`
`Application No. 14/633,804
`Amendment dated November L3, 2015
`Reply lo OtliceAclionof August 13, 2015
`
`3
`
`Docket No.: MOC-005
`
`AMENDl\iIENTS TO THE CLAIMS
`
`Thie; listing of claims replaces all prior ve1~c;ions and listings of claims in the application:
`
`Li.sting of Claims
`
`l.
`
`(Clmcntly amended) A computcr-iinplcmcntcd method comprising:
`
`with a first device, receiving a message from a second device, wherein the message
`
`relates to joining a group:
`
`based on receiving the message from the second device, participating in the group,
`
`wherein participating in the group includes roceiviag at vario1:1s times from 0110 or l'ltOf0 aevices
`
`respective iflformatioe. comprisieg a locatioe. of the Elei,•ice ae.EI senaieg the locatioa to oe.e or
`
`more other devices,send ing fi rst location informatiol1 to a server and receiving second location
`
`information from the server. the first location information comp1islt1g a locatiot1 of the first
`
`device, the second location information comprising a plurality of 1.ocations of a respective
`
`plurality of second devices inclt1dcd in the group;
`
`w"hereia eaeh oftke other de1,•iees is eonfig12red to dis13lay a res13eetive symeol
`
`re19rese0:tiHg the loeatioa oa a res13eetive ma19;presenting, via an interactive displav of the first
`
`device. an interactive map comprising a plurality of user-selectable symbols corresponding to (he
`
`plurality ofsecon<l devices, wherein the symbols are positioned on the map at respective positions
`
`corresponding to the locations of the second devices: and
`
`reeciving froru a first dl>';ri.ee informatio n indieatiRg user seleetiofl of 0110 01:' 11;1ore of the
`
`displayed symbol!! corre~ondit1g to second deviees and, based thereon: obtaining a respective
`
`coataet iafonnation for each of tlle second devices; aH.d facilitating a respective coma1uuieatioa
`
`between the fu:st deYiee a Rd eaeh of the seeoad deviees ttsiog the eontaet informatioa of the
`
`seeoaa El:e¥iee. identifying user interaction with the interactive map selecting one or more of the
`
`user-selectable svmbols 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 via the server.
`
`2.
`
`(Currently amet1ded) The metl10d of claim Ii wherein a partiettlar CORHlHH.-1:icatioll isthe
`
`data. includes ll pl-1:oue call, a short message service message, a voice message, a. text message, aft
`
`electroaie raail alessage, an image, or a video.
`
`ACTIVF./84232869.2
`
`AG1STX_00004299
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 5 of 16 PageID #: 15002
`
`Application No. 14/633,804
`Amendment dated November L3, 2015
`Reply lo OtliceAclionof August l3, 2015
`
`3-4.
`
`(Canceled)
`
`4
`
`Docket No.: MOC-005
`
`5.
`
`(CwTently amended) The method of claim l, further comprising obtaining, by the first
`
`device. respccti ve v,41ereiR particular eoamet iafonaeti oa is a p~one aumber or !Hl Internet
`
`Protocol ~addresses fo r the second devices.
`
`6-7.
`
`(Canceled)
`
`8.
`
`(Ctme11tly amended) The m.efhod of claim l, wherein a partic1:1larthe first device is a
`
`personal digital assista11t (PDA) or a personal computer (PC)smart pbotte, a personal data
`
`assistaat, a tablet eOR1J:H:1:ter, a Eleslctop eou~pmer, or a la(:)tOp com1,n1ter.
`
`9.
`
`( Currently amended) The method of claim 1, further comprising:
`
`receiving sending, from the first device, a request for a second map, frora a thirEI Ele.,ice
`wherein the request eo1Bpri:,es oae or more pararneteFS and whereia a parameter specifies a map
`
`location or a zoom inaiealioH; and
`obtaining a second niap I flat coRforms to th e attriblites; and
`
`seRE.liHg receiving, from the server, the second map to the thi:rd device.
`
`I 0.
`
`(Currently amended) The method of claim l, wherein the first device does not have
`
`access to fue 19boae ffitfftbers or respective Intemet Protocol addresses of the second devices.
`
`l l.
`
`(Currently amended) The method of clalm 1, wherein the map is aa aerial 13aologi·a13h, a
`
`satellite image, or a chart.
`
`12.
`
`(CutTetttly amended) The method of claim 1., further comp1isi11g sending. by the first
`
`device. updated Location information comprising an updated location of the first device, the
`
`updated location information being sent based on passage of a predetermined tirnc interval since
`
`sending previous location information comprising a previous location of the first device.
`
`displacement of the first device by a predetermined distance relative to a previous location of the
`
`ACTIVF./84232869.2
`
`AG1STX_00004300
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 6 of 16 PageID #: 15003
`
`Application No. 14/633,804
`Amendment dated November L3, 2015
`Reply lo OtliceAclionof August l3, 2015
`
`5
`
`Docket No.: MOC-005
`
`first device, or both. viherei-R reeeiYing at variolli:l times from a purticttlar device infonnatioa
`comprises receiving the informatiol:l fro1n the pa1ticttlar deyice at a time based Ol:l 0110 or more
`of: speeEI of tbe particular Elevi:ee, Elistanee tmveleEI by tae partie1:tlar Ele¥iee, or tiate.
`
`l3.
`
`(Currently amended) A system comprising:
`
`one or rB:ore eol:flfHiters a first device programmed to perform operations comprising:
`
`receiving a message from a second device, wllerein the message relates to joining
`
`a group;
`based on receiving flle message from the second device, participating in the
`
`group. wb.ereill patiicipating in the group includes receiving at various times from one or
`
`alore Eleviees respective iafonnatioe e01uprising a location of tl\e ae,·iee auEI. senEl,ing t~10
`
`loeatioa to one or fB:Ore other d02,·iees,sending first location information to a server and
`receiving second location infom1ation from the server, the first location information
`comprising a location of the fir t device. the second location information compri&ing a
`
`plurality oflocations of a respective pluralitv of second devices included in the group:
`
`where.in eaeh of the other deYiees is eoafigttreEI. to elis13Iay a respective syn1bol
`
`repre:,eating the loeatioa OR a resreetir,,e rnap;prcsenting, via an interactive display of the
`
`first device. an interactive map comprising a plurality of user-selectable symbols
`
`corresponding to the plurnlicy of secot1d device.-;, whereitl the symbols are positioned on
`
`the map at respective positions corresponding to the locations of the second devices; and
`reeeiviRg tFom e first de.,·iee iRfoffilatioR indieatiAg ttser seleetioR of OA.e or more
`
`of the displayed symeols eorrespoadi:Rg to seeo:Rd de¥iees ~l:fld, based thereoa: obtaining
`
`a respeetive eontaet iRforfflstioR for eaeh of the seeoaEI. El.eviees; &REI faeilitatiRg a
`
`reSJ;leetive eOBll'B:1fl:ieatio.a betweea t:he first Ele•,riee a.aEI eaeh of ~e seeoaa ae:viees tts:i:Rg
`
`tao coataet iRforrnatioR of tho secoRd aovioe.identifving user interaction with the
`
`interactive map selecting one or more of the user-selectable symbols corresponding to
`
`one or more of tl1e second devices and user interaction with the display specifying an
`
`action at1d. based thereon, sending data to fhe one or more second devices via the server.
`
`ACTIVF./84232869.2
`
`AG1STX_00004301
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 7 of 16 PageID #: 15004
`
`Application No. 14/633,804
`Amendment dated November L3, 2015
`Reply lo OtliceAclionof August l3, 2015
`
`6
`
`Docket No.: MOC-005
`
`(Currently amended) The system of claim 13~ wherein a partiel:llar coRllnuRicati:oa i;; a
`14.
`plioHe eall,the data includes a short message service message, a voice message, a text message,
`
`aR eleetroRie tRail tRessage, an image, or a video.
`
`15-16. (Cancele<l)
`
`(Currently amended) The system of ciaim 13~ whereit1 the operations further comprise
`L 7.
`obtaining respective v,rllerei-.a partic1:1lar eontaet i-.aformatioa is a phoae number or 1ta luternet
`
`Protocol. ae4:essaddresses for tl1e seco11d devices.
`
`18-19. (Canceled)
`
`20.
`
`(Currently amended) The system of claim 13~ wherein a pertiel:118:fthe first device is a
`personal digital assistant (PDA) or a persona.I computer (PC)srHart phm1e, a perso:A.al data
`
`assistaet, a tablet COLJtfHtter, u Eleslctop eol'fl.p1:1ter, or e laptop eo1*13t1ter.
`
`2 l.
`
`(Currently amended) T he system of claim 13, wherein the operations further comprise:
`
`receiv ing sending a request for a second map~ from: a third device whereil1 the request
`
`oemprlses eHe or mere parameters aat! whereie a paranuiter specifies a map location er a zeem
`
`iaEl:icatioa; and
`obtaiaiRg e seeoacl fflllf:) tkat eoaforms -to tke attrib1:des; aad
`
`receiving. from the server, seading the second map to the third deviee.
`
`(Currently amended) The system of claim 13~ wherein the first device does not have
`22.
`access to tlcle p14oRe a umbers Ol1'espective Internet Protocol addresses of the second devices.
`
`23.
`
`(Cun-ently amended) The system ofclai111 t3£ wherein the map is an aerial photegmph, a
`
`satellite image, or a chart.
`
`24.
`
`(Currently amended) The system of claim 13. wherein the operations further comprise
`
`sending updated location information comprising an updated location of the first device. the
`
`ACTIVF./84232869.2
`
`AG1STX_00004302
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 8 of 16 PageID #: 15005
`
`Application No. 14/633,804
`Amendment dated November L3, 2015
`Reply lo OtliceAclionof August 13, 2015
`
`7
`
`Docket No.: MOC-005
`
`updated locatiot1 information beit1g sent based ot1 passage of a predetermit1cd time interval since
`
`sending previous location i nformatiot1 comprising a previous location of the first device,
`
`displacement of the first device by a predetermined distance relative to a previous location of the
`
`first device, or both. w!:tereiR reeeiv=iflg at varioHS times from a particHlar Eleviee iflformatiofl
`
`eom13rises reeehiR:g tl:!e iAformation from tl:!a partie1:1la:r Ele,.•ice at a time ea-seel Of! OR:e or more
`
`of: s13eeEI of the 13artiettlur Eleviee, Elistaaee traveleEl by the pmiiet-1lar deviee, or tii'ae.
`
`25-30. (Canceled)
`
`3 l.
`
`(New) Tlle method of claim l , further comprising ide ntifying second user interaction
`
`with the interactive map selecting at least one of the user-selectable symbols corresponding co 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.
`
`32.
`
`(New) The method of claim l , wherein the message from the second device is a Short
`
`Message Service (SMS) message or a text message.
`
`33.
`
`(New) The m.ethod of claim I, wherein participating in the group furtl1er includes
`
`sending first status information to the server and receiving second starus information from the
`
`server, the first status information comprisirtg a battery level of the first device and/or a signal
`
`strength of a wireless signal of the first device, the second location information comprising a
`
`plurality of battery levels of the respective plurality of second devices included in the group
`
`and/or a plurality of s ignal strengths of wireless s ignals of the respective plurality of second
`
`devices induded in the group.
`
`34.
`
`(New) The method of claim 1, wherein the first device is a smart phone.
`
`35.
`
`(New) The method of claim l, further comprising:
`
`with the first device, transm.itting a group identifier associated with a second group, the
`
`second group including a second plurality of second devices; and
`
`ACTIVF./84232869.2
`
`AG1STX_00004303
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 9 of 16 PageID #: 15006
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo Otlice Action or August l 3, 2015
`
`8
`
`Docket No.: MOC-005
`
`based on transmitting the group identifier associated w itl1 the second group, participating
`
`in the second group, wherein participating in the secoltd group includes receiving third location
`
`information from the server, the third location information comprising a plurality oflocations of
`
`the respective second plurality of second devices included in the second group.
`
`36.
`
`(New) The method of claim 1, whereia the data includes a voice recording.
`
`37.
`
`(New) The system of claim 13, wherein the operations further comprise identifying
`
`second user interaction with the interactive map selecti1tg at least one of the user-selectable
`
`symbols corresponding to at least oue of the second devices and user interactiotl with the display
`
`specifying an action anc~ based thereon, initiating a phone call or phone conference with the at
`
`least one second device.
`
`38.
`
`(New) The system of claim 13, wherein the message from the second device is a Short
`
`Message Service (SMS) message or a text message.
`
`39.
`
`(New) The system of claim 13, wherein participating in the group further includes
`
`sending first status information to the server and receiving second status information from the
`
`server, the first status information comprising a batte1y level of the first device and/or a sigt1al
`
`strength of a wireless signal of the first device, the secortd location information comprising a
`
`plurality of battery levels of tlte respective plurality of second devices included in the group
`
`and/or a plurality of signal strengths of wireless signals of the respective plurality of second
`
`devices included in the group.
`
`40.
`
`(New) The system of claim 13, wherein the first device is a smart phone.
`
`41.
`
`(New) The system of claim 13, wherein the operations further include:
`
`with the first device, transmitting a group identifier associated with a second group, the
`
`second group including a second plurality of second devices; and
`
`based on transmitting the group identifier associated with the second group, participating
`
`in the second group, wherein participating in the second group includes receiving third location
`
`ACTIVF./84232869.2
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`AG1STX_00004304
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 10 of 16 PageID #: 15007
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo Otl'iceAclionof August l3, 2015
`
`9
`
`Docket No.: MOC-005
`
`information from the server, the third location information comprising a plurality oflocations of
`
`the respective second plurality of second devices included in tbe second group.
`
`42.
`
`(New) The system of claim 13, wherein the data includes a voice recording.
`
`ACTIVF./84232869.2
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`AG1STX_00004305
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 11 of 16 PageID #: 15008
`
`Application No. 14/633,804
`Amendment dated November: L3, 2015
`Reply lo OtliceAcLionol'AugusL l3,2015
`
`LO
`
`Docket No.: MOC-005
`
`REl\ilARKS
`
`Claims l-5, 7-17, and 19-30 were pending. fo the preseL1t Amendmetll, claims 1-2, 5, 8-
`
`14, l 7, and 20-24 arc amended, claims 3-4, 7, 15-16, 19, and 25-30 arc canceled without
`
`prejudice or disclaimer, and new claims 3 1-42 are added.
`
`No new matter is added. Support for the claims amendments and new claims can be
`found, for example, in the claims as originally filed , and in U.S. Patent No. 7,630,724 (e.g., in
`
`the Abstract; in col. 3:32-35, 3:42-51, 3:58-63, 6: 1-23, 6:44-59, 9:3 l-47, 10:56-LI : LS, 12: 12-62,
`
`14:60-67, 15:7-16, and 17:45-51; and in FIG. 4). It is noted that the '724 patent wa.c; incorporated
`
`by reference into tile present applicatiot1 at the time of the present application's filing.
`
`A))l>licability of Post-A IA Provisions of the Patent Laws to the Present Auplication
`
`The resent a) lication claims the benefit of U.S. Al lication No. 14/529.978, which
`
`contains or contained a clai m having an effective filing date on or after March L 6, 2013.
`
`Accordingly, it is understood that the resent a
`
`lication wi ll be examined under the
`
`st-AJA,
`
`~~- ==--f =th .... c,...atent laws. Sec MPEP 21
`
`.02 March 2 14).
`
`In the AJ2Elication Data Sheet (AD S) filed on February 27, 2015. rior counsel a:-serted
`that the Jresent a J lieatio n (D claim~ riority to o r the benefit of an a
`
`lieation filed before
`
`March 16, 2013 and_(2 a lso contains_, or contained at any time, a claim to a claimed invention
`
`that has an effective filittg <late ott or after March 16, 2013. This assertion is \\>ith<l rawn. Since
`
`the resent a~plication claims the bc11ctit of an earlier tra11sitiou a) licatio11 it1 which a 37 CFR
`llicattt is not required to and docs noO
`~~lic_'ation contain (or ever contained such a
`
`l.55 or 37 CFR l.78 statement has been filed. the A
`
`(\11arch 2014' .
`
`Rescission of Nonpublication Request
`
`A Rescission of Previous Nonpublication Request is filed herewith. In addition, it is
`
`noted that the Nottpublicatiou Req1.1est tiled ou February 27, 2015, may have been improper,
`
`because an international application (PCT/ US2005/033384) claimi11g priority to lJ.S.
`
`Application No. 10/7 1 I ,490 ("the ' 490 application") was filed p rior to the tiling of the present
`application, and the ' 490 application is included in the priority claim of the present application.
`
`ACTIVF./84232869.2
`
`AG1STX_00004306
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 12 of 16 PageID #: 15009
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo OtliceAclionof August l3, 2015
`
`LI
`
`Docket No.: MOC-005
`
`Amendments to the Specification
`The specification is amended herein to correct an error in the priority claim. T.n particular,
`
`the priority claim has been corrected to indicate that the U.S. Application No. 14/529,978 is a
`
`continuation-in-part (rather than a continuation) of U.S. Application No. 14/027,410. The same
`
`correction is included in the Corrected Application Data Sheet (ADS) filed herewith. MPE.P
`
`§ 211.03 states that no petition or surcharge is required for correcting a timely submitted benefit
`
`claim to corre-et the indicated. relationship betweeu applications from "con tin uatiou" to
`
`"continuation-in-part." Accordingly, entry of the correction and issuance of an updated filing
`
`Receipt are respectfully requested.
`Tu additi.on, for the Examiner's benefit, it is noted that a Petition to Accept an
`
`Unintentionally Delayed Priority Claim Under 35 U.S.C. § 120 was filed in U.S. Patent No.
`
`8,364,129 ("the '129 patent") on September 21, 2015. The present application claims priority to
`
`the' 129 patent, and claims priority through the' 129 patent to other issued patents identified in
`
`the Petition. A copy of the Petition is filed herewith, for the Examiner's reference.
`
`The Office Action objected to informalities in claims 7 and 19, which have been
`
`canceled. Accordingly, these objections are moot.
`
`Claim Objections
`
`Claim Rejections Under 35 U.S.C. §§ l02 and l03
`
`1n the Office Action, independent claims 1 and l3 were rejected under 35 U.S.C. § 102
`
`as purportedly being anticipated by U.S. Pub. No. 2004/0148090 ("Melen"). Each of the
`dependent claims was rejected w1dcr 35 U.S.C. § 102 as purportedly being anticipated by Melen,
`or under 35 U.S.C. § 103 as purportedly being obvious over Melen in view of U.S. Patent No.
`7,593,740 ("Crowley") or U.S. Pub. No. 2006/0047825 ("Steeustra"). These rejections are
`
`respectfully traversed a-i applied to the claims, as amended.
`
`I.
`
`Independent Claim l and the Claims Depending Therefrom
`
`As amended, independent claim l is directed to a method comprising:
`
`with a .first device, receiving a message from a seco,id device, wherebi the
`message relates to joining a group;
`
`ACTIVF./84232869.2
`
`AG1STX_00004307
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 13 of 16 PageID #: 15010
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo OtliceAclionof August l3, 2015
`
`L2
`
`Docket No.: MOC-005
`
`based on receiving the message from tlie second de,,ice, participating iu the
`group, wherein p,irticipating in the group includes sending.first location iitformation
`to" server and receiving second locatit,11 information from the server, the first location
`information comprising a location of the first device, the second location i11formation
`comprising a plurality oflocations of a respective plurality of second devices included in
`the group;
`
`presenting, via an interactive display of the first device, an interactive map
`comprising a plurality of user-selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the locations of the secot1d devices; and
`
`identifying user interaction with the interactive map selecting one or more of the
`t1ser-selcctablc 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 secot1d devices via th.e server. (Emphasis added.)
`
`Melen does not teacb at least "with a first device, receiving a message from a second
`
`device, wherein the message relates to joining a grnup" and "based on receiving the message
`
`from the second device, participating in the group, wl1erein participating in the group includes
`
`sending first location information to a server and receiving second location information from the
`
`se1ver," as recited in claim l. Melen describes "vehicle navigation systems" that are said to be
`
`"capable of communicatit1g w ith one another," establish ing a group, at1d "displaying the location
`
`of other vehicle navigation systems in the group" (Abstract). None of Melon's techniques for
`
`e.-itablishing a group suggests the above-emphasized portion of claim l.
`
`Regarding the establishment of groups, Melen de-scribes a p rocess 504a:
`
`[0071] FIG. 6A is a flowchart illustrating the step 504a of establishing a
`group of members according to a first embodimetlt of the present
`invention. The step 504a of FIG. 6A establishes the group of members by
`cooperation of the vehicle navigation system 300a and the vehicle network
`server 102 aud is used with the group interaction system lOOa described in
`FIG. IA.
`[0072] Referring to FIG. 6A, as the process begit1s 502, the vehicle
`navigation system 300a receives 604 selection of the members to be
`included in the group. Such selection. of members may be input by using
`the touch sensitive screen 301 or the input device 302. The vehicle
`navigation system 300,1 trausmits 606 such selection ofgroup members
`to tlie vehicle network server l02. The vehicle lletwork server 102
`establishes 608 communications wlth the selected group members 11nd
`reque:,ts 610 each selected member for permiss ion to add the member to
`the group. Then, the vehicle network server 102 transmits 612 the results
`of the requests 610 back to the vel1icle navigation system 300a. Thereafter,
`the vehicle network server 300a adds 61 4 the members giving permission
`to the enabled group. This group information may be shared with other
`
`ACTIVF./84232869.2
`
`AG1STX_00004308
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 14 of 16 PageID #: 15011
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo OtliceAclionof August l3, 2015
`
`L3
`
`Docket No.: MOC-005
`
`members of the group. To this end, the vehicle navigation system 300a
`t ransmits 616 the established group information to the vehicle navigation
`system 102, and the vehicle navigation system 102 in turn transmits 618
`such established group information to the members of the group, and the
`process continues with step 506. (Emphasis added.)
`
`In the process 504a, a server 102 communicates with a first navigation system 300 to add the
`first navigation system 300 to a group at the request of a second navigation system 300, but the
`
`first and second navigation systems do not communicate with each other until the server adds the
`fi rst navigation system 300 to the group. The above-quoted passage of Melen therefore does not
`teach "with a first device, receiving a message from a second device, wherein the message
`
`relates to joining a group" and " based on receiving the message from t he second device,
`
`participating in the group, wherein participating in the group includes sending first location
`
`information to a server and receiving second location information from the server," as recited in
`
`claim 1.
`
`Regarding the establishment of groups, Melen also describes a process 504b:
`
`[0073) FIG. 6B is a flowchart illustrating step 504b of establishing a group
`of members according to a second embodiment of the present invention.
`The step 504b of FIG. 6B establishes the group of members in the vehicle
`network server 102 using information downloaded from an external source
`and downloads the group information to the vehic1e navigation systems
`300a.
`(0074) Referring to FIG. 6B, as the process begins 502, the vehicle
`network server 102 receives 632 a list of members from an external
`source. For example, the vehicle network server l 02 may downloaded the
`list of members of the group from an Internet web server via its data
`communication module 212. As anothc.r example, a live operator may
`manually input the list of members of the group by using the input keys
`204. The vehicle network server 102 establishes 634 the group o f
`members for interaction by us ing the received list of members. Then, t he
`vehicle network server 102 downloads 636 the established group
`information to the vehicle navigation systems 300a, 300b, 300c in the
`group, and the process continues with step 506.
`
`la the process 504b, a list of group members is downloaded to a server l 02 or keyed into the
`
`server, and the group is established by downloading the g roup information from the server 102 to
`
`the navigation systems 300 in fhe group. The above-quoted passage of Melen therefore does not
`
`teach "with a first device, receiving a message from a second device, wherein the message
`
`relates to joining a group" and "based 011 receiving the message from the second device,
`
`participating in the grnup, whereitt participating in the group includes sending first location
`
`ACTIVF./84232869.2
`
`AG1STX_00004309
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 15 of 16 PageID #: 15012
`
`Application No. 14/633,804
`Amendment dated November: L3, 2015
`Reply lo OtliceAclionoC August l3,2015
`
`L4
`
`Docket No.: MOC-005
`
`information to a server aud receiving second location information from the server," as recited in
`
`claim l.
`
`For at least the foregoing reasons, Melen docs not teach at least the above-emphasized
`
`limitations ofclaim I. Claim l therefore patcntably distinguishes over Molen. Withdrawal of the
`
`rejection of claim 1 under 35 U.S. C. § 102 is respectfully requested. Claims 2, 5, and 8-12 depend
`
`from claim 1 and are allowable for at least the same reasons. Wjthdrawal of the rejections of claims
`
`2, 5, and 8-12 is respectfully requested. New claims 3 1.-36 depend from claim J and are allowable
`
`for at least the same reasons.
`
`TI.
`
`Independent Claim 13 and the Claims Depet1dit1g Therefrom
`
`As ame nded, indepet1dent claim 13 is directed to a system comprising a first device
`
`programmed to perform operations comprising:
`
`receiving a message from a second device, wherein the message reliites to
`joini11g a gr()up;
`
`based on receiving the message from the second device, p,u1icipatillg in the
`gmup, wherein pa,ticipatiug in the group includes sending first location information
`to a server and receiving second location i11formatio11 from the server, the first location
`iuformatiot1 compris ing a location of the first device, the second location information
`comprising a plurality oflocations of a respective plurality of second devices included in
`the group;
`
`presenting, via an interactive display of the first device, an_ interactive map
`comprising a plurality of user-selectable symbols corresponding to the plurality of second
`devices, wherein the symbols are positioned on the map at respective positions
`corresponding to the locations of the second devices; and
`
`identifying user interaction witl1 the interactive map selecting one or more of the
`user-selectable symbols corresponding to one or more of the second devices and user
`interactio11 with the display specitying an actiot1 and, based thereon, seudi11g data to the
`one or more second devices via the server. (Emphasis added.)
`
`For reasons tbat sl1oulcl be apparent from the discussion above, Melen does tlOt teach at
`
`least the abovc-emphasizod limitations of claim 13. Claim L3 therefore patcntably distinguisl1cs
`over Melen. Withdrawal of the rejection of claim l3 1mdcr 35 U.S.C. § 102 is respectfully
`
`requested. Claims 14, 17, and 20-24 depend from claim 13 and are allowable for at least fh.e s ame
`
`reasons. Withdrawal of the rejections of claims 14, 17, and 20-24 is respectfully requested. New
`
`claims 37-42 depend from claim 13 and are allowable for at least the same reasons.
`
`ACTIVF./84232869.2
`
`AG1STX_00004310
`
`

`

`Case 2:17-cv-00513-JRG Document 244-9 Filed 12/18/18 Page 16 of 16 PageID #: 15013
`
`Application No. 14/633,804
`Amendment dated November 13, 20l5
`Reply lo OtliceAclionof August l3, 2015
`
`L5
`
`Docket No.: MOC-005
`
`CONCLUSION
`The pending application is believed to be in cot1ditio11 for allowac1ce. lf, in the
`Examiner's opinion, further communication would expedite the favorable pro.~ccution of the
`
`present application, the undersigned would welcome the opponunity to discuss any outstanding
`
`issues and to work with the Examiner toward placing the application in condition for allowance.
`
`Respect