Case 2:17-cv-00514-JRG Document 162-4 Filed 02/13/19 Page 1 of 3 PageID #: 14453
`Case 2:17-cv-00514-JRG Document 162-4 Filed 02/13/19 Page 1 of 3 PageID #: 14453
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` EXHIBIT 3
`EXHIBIT 3
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`Case 2:17-cv-00514-JRG Document 162-4 Filed 02/13/19 Page 2 of 3 PageID #: 14454
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`Docket No.: MOC-005
`(PATE T)
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`JN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re Patent Application of:
`Malcolm K. Beyer, Jr. et al.
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`Application No.: 14/633,804
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`Confirmation No.: 8573
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`Filed: February 27, 2015
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`Art Unit: 2646
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`For: METHOD TO PROVIDE AD HOC AND
`PASSWORD PROTECTED DIGIT AL AND
`VOICE NETWORKS
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`Examiner: 0. Obayanju
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`AMENDMENT IN RESPONSE TO NON-FINAL 0:FFICE ACTION
`UNDER 37 C.F.R. § 1.111
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`MS Amendment
`Commi sioner for Patents
`P.O. Box 1450
`Alexandria, VA 223 l3- l 450
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`INTRODUCTORY COMMENTS
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`In response to the Office Action dated August 13, 2015, please amend the above(cid:173)
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`identified U.S. patent application a follow :
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`Amendments to the Specification begin on page 2 of this paper.
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`Amendments to the Claims are reflected in the listing of claims which begins on
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`page 3 of this paper.
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`Remarks/Arguments begin on page 10 of thi paper.
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`ACTIVE/84232869.2
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`

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`Case 2:17-cv-00514-JRG Document 162-4 Filed 02/13/19 Page 3 of 3 PageID #: 14455
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`Application No. l 4/633,804
`Amendment dated November 13, 2015
`Rep! y to Office Action of August 13, 2015
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`iO
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`Docket No.: MOC-005
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`REMARKS
`Claims 1-5, 7-17, and 1.9-30 were pending. In the present Amendment, claims 1-2, 5, 8-
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`14, 17, and 20-24 are amended, claims 3-4, 7, 15-16, 19, and 25-30 are canceled without
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`prejudice or disclaimer, and new claims 3 1-42 are added.
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`No new matter is added. Su ort for the claims amendments and new claims can be
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`found for exam le in the claims as originally filed, and in U.S. Patent No. 7 630,724 (e.g. in
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`6:44-59 9:31-4 10:56-11:
`3:58-6 6:1-
`3:42-
`14:60-67, 15:7-16 and 17:45-51· and in flG .}})It is noted that the '724 patent was incorporated
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`by reference into the present application at the time of the present application's filing.
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`Applicability of Post-AJA Provisions of the Patent Laws to the Present Application
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`The present appl ication claims the benefit of U.S. Application No. 14/529,978, which
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`contains or contained a claim having an effective filing date on or after March 16, 2013.
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`Accordingly, it is understood that the present application will be examined under tl1e post-AJA,
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`first-to-file provisions of the patent laws. See MPEP 2159.02 (March 2014).
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`In the Application Data Sheet (ADS) filed on February 27, 2015, prior counsel asserted
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`that the present application ( 1) claims priority to or the benefit of an application filed before
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`March 16, 2013 and (2) also contains, or contained at any time, a claim to a claimed invention
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`that has an effective filing date on or after March 16, 2013. This assertion is withdrawn. Since
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`the present application claims the benefit of an earlier transition application in which a 3 7 CFR
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`1.55 or 37 CFR 1.78 statement has been filed, the Applicant is not required to (and does not)
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`express any opinion as to whether the present application contains ( or ever contained) such a
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`claim. See MPEP 2159.04 (March 2014).
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`Rescission of Nonpublication Request
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`A Rescission of Previous Nonpublication Request is filed herewith. In addition, it is
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`noted that the Nonpublication Request filed on February 27, 2015, may have been improper,
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`because an international application (PCT/US2005/033384) claiming priority to U.S.
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`Application No. 10/711,490 ("the '490 application") was filed prior to the filing of the present
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`application, and the '490 application is included in the priority claim of the present application.
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`ACTIVE/84232869.2
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