Case 2:17-cv-00514-JRG Document 162-6 Filed 02/13/19 Page 1 of 3 PageID #: 14460
`Case 2:17-cv-00514-JRG Document 162-6 Filed 02/13/19 Page 1 of 3 PageID #: 14460
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` EXHIBIT 5
`EXHIBIT 5
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`Case 2:17-cv-00514-JRG Document 162-6 Filed 02/13/19 Page 2 of 3 PageID #: 14461
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`Docket No. : MOC-005
`(PATENT)
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`First Named Inventor:
`Malcolm K. Beyer, Jr.
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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 AND RESPONSE TO NON-FINAL OFFICE ACTION
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`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`INTRODUCTORY COMMENTS
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`In response to the Office Action dated February 19, 2016, in connection with the
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`patent application identified above, the following Amendment and Response is respectfully
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`submitted, along with a request for a one-month extension of time. The Commissioner is hereby
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`authorized to charge excess claim fees and extension of time fees to the credit card identified in
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`this filing, and no additional fees are believed to be required. If any such fees are due, however,
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`the Commissioner is hereby also authorized to charge such fees to our Deposit Account No. 50-
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`4634, with reference to Order No. MOC-005 .
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`Please amend the above-identified U.S . patent application as follows:
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`Amendments to the Claims are reflected in the listing of claims which begins on
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`page 2 of this paper.
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`Remarks/Arguments begin on page 11 of this paper.
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`ACT!VE/85959701.l
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`Case 2:17-cv-00514-JRG Document 162-6 Filed 02/13/19 Page 3 of 3 PageID #: 14462
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`Application No. 14/633,804
`Reply to Office ActionofFebmruy 19, 2016
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`11
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`Docket No.: MOC--005
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`Administrative Overview
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`REMARKS
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`Prior to the Office Action of February 19, 2016, claims 1, 2, 8, 9, 11-14, 20, 21, 23, 24,
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`and 31-44 were pending. In the Office Action :
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`•
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`the independent claims (i .e., claims 1 and 13) were rejected under 35 U.S.C. § 103 as
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`purportedly being obvious over U.S. Pub. No. 2004/0148090 ("Melen") in view of
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`U.S. Patent No. 8,014,763 ("Hymes"); and
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`•
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`each of the dependent claims was rejected under 35 U.S.C. § 103 as purportedly
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`being obvious over Melen/ Hymes alone or in combination with other secondary
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`references.
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`In the present Amendment, claims 9 and 21 are canceled without prejudice or disclaimer,
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`claims 1, 11, 13, 23, 31, 33, 37, and 39 are amended, and claims 45-55 are added. No new
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`matter is added.
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`SuQport for the claim amendments and for new claims 45-51 and 54 can be found
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`le in U.S. Patent No. 7 630 724 {"the '724 atent") in col. 5 lines 51-67· col. 7 line 48
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`8, line 48· col. 9 lines 41-45· col. 10 lines 23-56· and col. 18 line 57 - col. 19 line 7.
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`ort for new claims 52 and 53 can be found for exam le in the '724 atent in col. 10 lines
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`9-22. Su ort for new claim 55 can be found for exam le in the ' 724 atent in col. 2 lines 64-
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`67· and col. 11, lines 2-7 It is noted that the '724 patent was incorporated by reference into the
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`present application at the time of the present application' s filing.
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`Applicabilitv of Post-AIA Provisions of the Patent Laws to the Present Application
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`The Office Action (p. 2) states that " [t]he present application is being examined under the
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`pre-AIA first to invent provisions" of the patent laws. For the reasons stated in the Response
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`filed on November 13, 2015, it is understood that the present application will be examined under
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`the post-AIA, first-to-file provisions of the patent laws.
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`Interview Summary
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`Applicant thanks Examiner Obayanju for conducting a telephonic interview on May 26,
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`2016. The participants included Examiner Obayanj u, Applicant' s undersigned representative
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