`5435
`
`(cid:3)
`(cid:3)(cid:3)(cid:3)(cid:3)(cid:40)(cid:59)(cid:43)(cid:44)(cid:37)(cid:44)(cid:55)(cid:3)(cid:21)(cid:3)
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 2 of 19 PageID #:
`5436
`UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`22235
`7590
`09/21/2009
`MALIN HALEY DIMAGGIO BOWEN & LHOTA, P.A.
`1936 S ANDREWS A VENUE
`FORT LAUDERDALE, FL 33316
`
`EXAMINER
`
`LEBASSI, AMANUEL
`
`ART UNIT
`
`PAPER NUMBER
`
`2617
`DATE MAILED: 09/21/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/308,648
`
`Malcolm K. Beyer JR.
`04/17/2006
`TITLE OF INVENTION: METHOD OF PROVIDING A CELLULAR PHONE/PDA COMMUNICATION SYSTEM
`
`10963.3803
`
`3647
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`$755
`
`$300
`
`$0
`
`$1055
`
`12/21/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
`STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`IF AN ISSUE FEE HAS
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOW ARD THE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
`
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`
`A. Pay TOT AL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`IL PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 1 of 3
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 3 of 19 PageID #:
`PART B - FEE(S) TRANSMITTAL
`5437
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address)
`
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`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`
`22235
`7590
`09/21/2009
`MALIN HALEY DIMAGGIO BOWEN & LHOTA, P.A.
`1936 S ANDREWS A VENUE
`FORT LAUDERDALE, FL 33316
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/308,648
`
`Malcolm K. Beyer JR.
`04/17/2006
`TITLE OF INVENTION: METHOD OF PROVIDING A CELLULAR PHONE/PDA COMMUNICATION SYSTEM
`
`10963.3803
`
`3647
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`$755
`
`$300
`
`$0
`
`$1055
`
`12/21/2009
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`LEBASSI, AMANUEL
`
`2617
`
`455-417000
`
`I. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address ( or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use ofa Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2 ______________ _
`
`3 ______________ _
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual O Corporation or other private group entity O Government
`
`4a. The following fee(s) are submitted:
`0 Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order - # of Copies _________ _
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PTO-2038 is attached.
`0The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number ______ ( enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature _______________________ _
`
`Date ____________________ _
`
`Typed or printed name ______________________ _
`
`Registration No. ________________ _
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file ( and by the US PTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`0MB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 4 of 19 PageID #:
`5438
`UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/308,648
`
`04/17/2006
`
`Malcolm K. Beyer JR.
`
`10963.3803
`
`3647
`
`22235
`7590
`09/21/2009
`MALIN HALEY DIMAGGIO BOWEN & LHOTA, P.A.
`1936 S ANDREWS A VENUE
`FORT LAUDERDALE, FL 33316
`
`EXAMINER
`
`LEBASSI, AMANUEL
`
`ART UNIT
`
`PAPER NUMBER
`
`2617
`DATE MAILED: 09/21/2009
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 450 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 450 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`or
`the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101
`directed to
`(571)-272-4200.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 5 of 19 PageID #:
`5439
`
`Notice of Allowability
`
`Application No.
`
`11/308,648
`Examiner
`
`Applicant(s)
`
`BEYER ET AL.
`Art Unit
`
`AMANUEL LEBASSI
`
`2617
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. IZI This communication is responsive to 06/10/2009.
`2. IZ! The allowed claim(s) is/are 11-19 and 21-28.
`3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment/ Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. (cid:143) DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PTO-892)
`2. D Notice of Draftperson's Patent Drawing Review (PTO-948)
`3. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PTO-413),
`Paper No./Mail Date __ .
`7. ~ Examiner's AmendmenUComment
`
`8. ~ Examiner's Statement of Reasons for Allowance
`9. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20090909
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 6 of 19 PageID #:
`5440
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 2
`
`DETAILED ACTION
`
`EXAMINER'S AMENDMENT
`
`1.
`
`An examiner's amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 3 7 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview with
`
`Barry L. Haley (Registration No. 25,339) on 09/08/2009 at 3:50 PM EST.
`
`The application has been amended as shown in the "Listing of Claims" below and is
`
`summarized as follows:
`
`Claims 1-10 and 20 have been withdrawn after elections of restriction.
`
`Claim 13 is cancelled.
`
`Begin Amendment:
`
`Listing of the claims:
`
`11. (Currently Amended) A method of providing a PDA cellular phone
`
`communication network for designating participating users displayed symbolically on a
`
`geographical map, each user having a similarly equipped cellular phone that includes
`
`CPU, GPS navigational system symbol generator and a touch screen display
`
`comprising the steps of:
`
`providing selecting screen icons for establishing rapid voice call initiation and
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 7 of 19 PageID #:
`5441
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 3
`
`communication to the users of the cellular telephone PDNGPS network system using a
`
`touch screen;
`
`IJro¥idin:g transmitting high speed internet rapid transmission of operator selected text
`
`messages, photographs and video to other cellular phone users HSfA9 by touching tA-eif
`
`each user's geo-located symbol on the touch screen;
`
`IJro¥idin:g establishing a network of cellular phone PDA devices for said users having the
`
`same operating software that permits either voice communication and low speed
`
`communications or high speed internet communications;
`
`providing communicating by icon selection with a remote server that can receive for
`
`receiving and transmit transmitting over the internet high speed internet
`
`communications or low speed communications to each of the users' cellular phones in
`
`the cellular phone network;
`
`providing selecting symbols on said display touch screen representing other participants
`
`having similar cellular phones forming a communication network;
`
`providing selecting by screen icon application software in each cell phone or a server
`
`for automatic triggering of stored selectable individual criteria and subject type and
`
`range for netting of said cell phone in a like group;
`
`providing selecting icons for communicating with said remote server with the selectable
`
`criteria and subject matter and cell phone numbers and IP addresses of the selected
`
`user's having the criteria and subject matter;
`
`providing selecting application software in each cell phone or a server to utilize for
`
`utilizing a list of approved net participants that can join a net;
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 8 of 19 PageID #:
`5442
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 4
`
`selectively polling or reporting position selecting screen icons for communicating a
`
`position report and status information from one user among all of the other users
`
`equipped with the cellular phone/PDA/GPS system and its associated software and
`
`displaying the user's symbol on the map display at the correct location;
`
`providing selecting a screen icon for transmitting rapid voice call initiation to the users of
`
`the cellular phone/PDNGPS navigational system using a touch screen and the users'
`
`symbols; and
`
`providing selecting a screen icon for transmitting rapid transmission of free, operator
`
`selected text messages, photographs and video to another cellular phone using the
`
`touch screen.
`
`12.(Previously Amended) A communication system as in claim 11, including:
`
`displaying the selected user's symbol's velocity as a line emanating from the
`
`symbol whose direction is representative of heading and whose length is representative
`
`of speed that is seen by the other participants in the communication networks as in
`
`claim 11 when the symbol's velocity is transmitted to them.
`
`13. (Cancelled)
`
`14. (Currently Amended) A method for providing a communication a neti.vork for
`
`designated participating users as in claim 13, i.vherein : A method for providing a cellular
`
`phone communication network for designated participating users, each having a
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 9 of 19 PageID #:
`5443
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 5
`
`similarly equipped cellular PDA phone that includes a CPU, a GPS navigational system,
`
`and a touch screen display comprising:
`
`Selectively activating one or more touch screen icons for activating transmission
`
`of selectively polling position and status information from one user among all of the
`
`other users equipped with said cellular phones and its associated software;
`
`activating a touch screen icon for automatically reporting position and status to a
`
`server for appropriate transmission or directly to one or more other participant users'
`
`cell PDA phones in said communication network based on predetermined condition;
`
`sa-ia activating a touch screen icon for reporting position and status based on a
`
`predetermined condition that includes distance traveled since last report; and
`
`the user has the ability to mal<:e selecting a touch screen icon establishing voice
`
`conference calls and to send sending free text, operator selected messages,
`
`photographs, and video to all other network participants within a distance determined by
`
`the initiator of the voice call, free text, operator selected messages, photographs, and
`
`video.
`
`15. (Currently Amended) A method for providing a communication network for
`
`designated participating users as ln_claim 4-J 1.1,wherein:
`
`sa-ia selecting an icon for creating a predetermined condition is having specific
`
`users automatically reporting at specific times and/or distances traveled by the reporting
`
`user.
`
`16. (Previously Amended) A method for providing a cellular phone communication
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 10 of 19 PageID #:
`5444
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 6
`
`network for designated participating users as in claim 4J 1..1, wherein:
`
`transmitting an alert automatically activated by previously entered information,
`
`or obtained from a database about fixed facilities or entered tracks that reach a
`
`minimum predetermined distance from a cellular phone user.
`
`17. (Previously Amended) A method for providing cellular phone
`
`communication network for designated participating users, each having a similarly
`
`equipped cellular phone that includes a CPU, a GPS navigational system, and a touch
`
`screen display comprising:
`
`generating a map of a geographical display on each user's ceil phone
`
`display screen;
`
`selectively polling position and status information from one participating user
`
`between one or more of the other participant users equipped with similarly configured
`
`cellular phones and its associated software;
`
`providing rapid voice call initiation from one participating cell phone user
`
`between and among the participating users of the cellular phone network system using
`
`a touch screen;
`
`providing one or more symbols on said map displayed on touch screen
`
`representing other user participants, each user having a similar cell phone forming the
`
`communication network;
`
`calling one or more participant users by touching the screen symbol
`
`representing another participant user on the touch screen mad touching a call switch;
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 11 of 19 PageID #:
`5445
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 7
`
`adding a new track symbol representing an object, person or event, fixed or
`
`mobile, to the geographical display by touching the geographical display at the location
`
`of the new track to be added;
`
`assigning a category to the new track to be added on the geographical display
`
`screen, said category being an object, person or event;
`
`selecting an appropriate category switch for identifying the new track
`
`selected;
`
`selectively attaching text, photographs video clips, voice recordings, Email
`
`address and URL addresses to the track so that when the user receiver of the track
`
`touches the symbol associated with the track, the user receives this information; and
`
`sending to one or more of the other participant users of the cellular telephone
`
`network information concerning the new track including the new track's location and
`
`category and attached data to the other participant users.
`
`18. (Currently Amended) A method for providing a cellular phone communication
`
`network for designated participating users, each user having a similarly equipped
`
`cellular phone that includes a CPU, GPS navigational system, an interact message
`
`transmitter and receiver and a touch screen display comprising:
`
`providing accessing a database in each cell phone that includes a geographical
`
`map of a predetermined area for user viewing on the touch screen display;
`
`providing accessing an application program in each cell phone for generating
`
`one or more symbols representative of one or more participating users, each of whom
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 12 of 19 PageID #:
`5446
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`Application/Control Number: 11/308,648
`Art Unit: 2617
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`have a similarly equipped cellular phone;
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`Page 8
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`providing accessing a database in each cell phone that includes cellular
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`telephone numbers of each of the participating users having similarly equipped cellular
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`phones, said database including the generation of one or more symbols associated with
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`a particular participating user;
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`calling a participating user by touching the symbol on the map display and
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`touching a call switch;
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`providing connecting each of the cell phones witA- to an internet connection
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`capability;
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`exchanging IP addresses using SMS or other digital message format between
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`and among each of the network participant users so that communications eaA- between
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`participants can then be is established via IP or transmission of a network participant's
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`IP address to a server which then transmits data to other network participants using the
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`IP address previously \Vhich they have also sent to the server.
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`19. (Currently Amended) A method of providing a cellular phone
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`communication network for designated participating users, each having a similarly
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`equipped PDA cellular phone that includes a CPU, a GPS navigational system and a
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`touch screen display comprising:
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`providing selecting an icon that establishes rapid voice call initiation and
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`communication to the users of the cellular telephone PDNGPS network system -l::IBtR§-
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`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 13 of 19 PageID #:
`5447
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`Application/Control Number: 11/308,648
`Art Unit: 2617
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`by touching their symbol on the phone's a touch screen;
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`Page 9
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`providing transmitting high speed internet rapid transmission of operator
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`selected text messages, photographs, voice recordings and video to other cellular
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`phone users using the touch screen;
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`providing accessing a server for establishing high speed internet
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`communications between said cellular phone network users and said server; and
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`establishing generating at the server networks that can enable enabling
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`anonymous voice and data communications so that neither the originator of the phone
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`call or data transmission nor the receiver of the phone call or data transmission need to
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`know the other's phone number, name or other identifier other than a symbol location on
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`a map.
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`20. (Withdrawn) A method of providing a cellular phone the ability to request geo(cid:173)
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`referenced maps, images or data concerning an area; and
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`providing the operator the ability to request geo-referenced data for an area by pointing
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`at the center of the area for the requested information, then selecting a range scale and
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`then taking an action to request the data from a server where the data is held.
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`21. (Previously Presented) A method for providing a cellular phone
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`communication network as in Claim 18 comprising the additional steps of:
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`pushing photographs or video clips files between and among each of the
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`
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`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 14 of 19 PageID #:
`5448
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 10
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`cellular telephone participant users across multiple cellular carriers and between smart
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`phone and PCs.
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`22. (Previously Presented) A method for providing a cellular phone
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`communication network as in Claim 18 comprising the additional steps of:
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`enabling data exchange between network participants who have common
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`cellular phone numbers in their phone's or PC's database;
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`23. (Previously Presented) A method for providing a cellular phone
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`communication network as in Claim 18 including the additional steps of:
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`adding a new cell phone participant into a communication network of
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`participating users by having the new cell phone participant transmit an identifier, a ceil
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`phone number and an IP address in an initial message to other participant users or to a
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`server for retransmission of the data to other network participants;
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`24. (Previously Presented) A method for providing a cellular phone
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`communication network as in Claim 18 including the additional steps of:
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`sending each participating user directly or to a server for retransmission the
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`geographic location of the sender of a message;
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`25. (Previously Presented) A method for providing a cellular phone communication
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`network as in Claim 18 including the additional steps of:
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`automatically calling the nearest fixed location from a particular group
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`
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`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 15 of 19 PageID #:
`5449
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
`
`Page 11
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`including: police stations, fire stations, or EMTs or other fixed locations by one or more
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`of the cellular phone network participants;
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`26. (Previously Presented) A method for providing a cellular phone communication
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`network as in Claim 18 including the additional steps of:
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`entering on a user's touch display screen a new track by touching the display
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`screen at the correct map location and selecting the type Of symbol to be displayed,
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`causing that symbol identifier to be transmitted to the other network participants either
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`directly or through a server and as the track's location moves, sending new location
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`data to the other participants relative to the new track so that each of the participating
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`user's display is updated with the new track's position.
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`27. (Previously Presented) A method for providing a cellular phone communication
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`network as in claim 17 including the additional steps of:
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`displaying track symbols received from other network participants on the ceil phone's
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`touch display screen at the correct geographic location superimposed on a geographic
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`map mid further display the identity of the symbol and the text of the transmitted location
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`and other received data when the track symbol is touched or selected by a different
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`means.
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`28. (Previously Presented) A method for providing a cellular phone communication
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`network as in claim 17 including the additional steps of:
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`amplifying an entered track symbol on a user's touch screen display with free
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`text, preformatted messages, photographs or video or other digital files and transmitting
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`
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`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 Page 16 of 19 PageID #:
`5450
`
`Application/Control Number: 11/308,648
`Art Unit: 2617
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`Page 12
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`the data to the other participants either directly or through a Server so that each of the
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`participating network users' can receive and view the information associated with the
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`track symbol by touching the geographic located map symbol.
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`[End Amendment]
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`Allowable Subject Matter
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`Claims 11-19, and 21-28 are allowed.
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`The following is an examiner's statement ofreasons for allowance: The prior art made of
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`2.
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`3.
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`record and relied upon by the examiner in the prosecution of this Application, fails or even
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`suggest "A method of providing a PDA cellular phone communication network for
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`designating participating users displayed symbolically on a geographical map, each
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`user having a similarly equipped cellular phone that includes CPU, GPS navigational
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`system symbol generator and a touch screen display comprising the steps of: selecting
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`screen icons for establishing rapid voice call initiation and communication to the users
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`of the cellular telephone PDNGPS network system using a touch screen;
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`transmitting high speed internet selected text messages, photographs and video to
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`other cellular phone users by touching each user's geo-located symbol on the touch
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`screen; establishing a network of cellular phone PDA devices for said users having the
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`same operating software that permits either voice communication and low speed
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`communications or high speed internet communications; communicating by icon
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`selection with a remote for receiving and transmitting over the internet high speed
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`
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`Case 2:21-cv-00072-JRG-RSP Document 156-3 Filed 09/28/21 P