Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 1 of 22 PageID #:
`5454
`
`
` EXHIBIT 3
`
`

`

`rp w
`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 2 of 22 PageID #:
`FORM PTO-1083
`,~ E "'1,o,
`5455
`,, '(
`Case Docket No.: 10963.3'801
`0
`~
`In re Application
`BEYER, Malcolm K., Jr.
`'l, '\.~~~ ~
`; !
`10/711,490
`Serial No.
`·
`~c;)\\ \
`September 21, 2004
`Filed
`~ ~
`CELLULAR PHONE/PDA COMMUNICATION SYSTEM
`For
`~!\?-& Tfl,f,,.'O~~ .
`
`Mail Stop Non-Fee Amendment
`COMMISSIONER FOR PATENTS
`Alexandria, VA 22313-1450
`
`Sir:
`
`AMENDMENT TRANSMITTAL LETTER
`
`[X]
`
`Transmitted herewith is an amendment in the above-identified application.
`
`[X]
`
`Small entity status of this application under 3 7 CFR 1.9 and 1.27 has been established by a statement previously submitted.
`
`[X]
`
`No additional fee is required.
`
`The fee has been calculated as shown below:
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`CLAIMS
`REMAINING
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`L_J
`FIRST PRESENTATION OF MULTIPLE DEP. CLAIM
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`20
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`*** 4
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`any overpayment to Deposit Account No. 13-1130. A duplicate copy of this sheet is attached.
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`CLIENT NO. 22235
`1:\10963\fnn\380 I .amendment transmittal
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 3 of 22 PageID #:
`5456
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`November 8, 2005
`
`In re application of
`
`BEYER, Malcolm K., Jr.
`
`Serial No.
`
`Filed
`
`For
`
`Examiner
`
`Art Unit
`
`Our File No.
`
`10/711,490
`
`September 21, 2004
`
`CELLULAR PHONE/PDA
`COMMUNICATION SYSTEM
`
`MOE, Aung Soe
`
`2685
`
`10963.3801
`
`AMENDMENT
`
`Mail Stop Non-Fee Amendment
`Hon. Commissioner for Patents
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`In-response to the Examiner's Office Action of August 10, 2005, this Amendment is
`
`submitted. Reconsideration is respectfully requested.
`
`Amendment to the claims are on pages 2 through 9.
`
`Remarks can be found on pages 10 through 19.
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 4 of 22 PageID #:
`5457
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page2
`
`Please amend the claims as follows:
`
`1.
`
`(Currently Amended) A method of providing a cellular phone communication
`
`network for designated participating users, each having a similarly equipped cellular phone that
`
`includes a CPU, GPS navigational system and a touch screen display comprising the steps of:
`
`a)
`
`providing for the selective polling of position and status information from
`
`one user among all of the other users equipped with cellular phone/PDA/GPS system and' its
`
`associated software;
`
`b 1)
`
`providing for the entering of other entities of interest into the cellular
`
`phone CPU and assigning the other entities of interest a category;
`
`b2)
`
`providing the latitude and longitude of the entities of interest along with
`
`their categories being automatically sent on the communications network;
`
`c)
`
`providing rapid voice call initiation to one or more locations whose phone
`
`number is available in a geographical referenced database using the touch screen;
`
`d)
`
`providing rapid voice call
`
`initiation to
`
`the users of the cellular
`
`phone/PDA/GPS network system using the touch screen;
`
`e)
`
`providing Fapiely seflt rapid transmission of free. operator selected text
`
`messages, photographs, and video to another cellular phone using the touch screen;
`
`f)
`
`providing rapid conference calling multiple phones that are contained
`
`within the geographical referenced data base; and
`
`g)
`
`providing remote control from one cellular phone/PDA/GPS system to any
`
`of the other cellular phone/PDA/GPS system phones, including the ability to control remote
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 5 of 22 PageID #:
`5458
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 3
`
`cellular phones to make verbal announcements, display images, place return calls, place calls to
`
`another phone number, vibrate, change sound intensity and process and display pre-stored data,
`
`images and stored video.
`
`2.
`
`(Currently Amended) A communication system to provide a cellular phone
`
`network for a group of participants, each of the participants having an individual portable cellular
`
`phone that includes voice communication, free and operator selected text messages, photographs
`
`and video, a CPU and a GPS navigational system that can accurately determine the location of
`
`the each cellular phone-;;_. ~ each of the cellular phones in the communications net of
`
`participants eoB:tEHB:S containing:
`
`a said CPU and memory;
`
`a touch screen display;
`
`symbol generator in said CPU that can generate symbols that represent each of the
`
`partieipaB:ts participants' cell phones in the communication network on the display screen;
`
`a database that stores the individual telephone numbers related to each of the
`
`symbols each of which represents a participant in the communication network;
`
`cellular phone call initiating software in said CPU connected to the telephone
`
`number database and the touch screen and the symbols on the touch screen whereby touching an
`
`individual symbol will automatically initiate a cellular phone telephone call to the :ase user
`
`represented by the symbol that includes said voice communication, free and operator selected
`
`text messages. photographs and video; and
`
`said display including databases that display geographical information that
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 6 of 22 PageID #:
`5459
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`10/711,490
`Page4
`
`includes showing the geographical location of each of the symbols representing participants in
`
`the communication network, fixed locations, and entered items of interest.
`
`3.
`
`(Currently Amended) A communication network that includes said participants,
`
`eaoh haviag a oeHular phoae as in Claim 2 further comprising:
`
`said software for automatically initiating a cellular phone call to a user represented
`I
`
`by a symbol includes initiating a conference call to eae two or more of the participants from a
`
`base phone by touching the specific symbols of those participants that will be participating in a
`
`conference call by touching the symbol of each of those users and providing a software switch to
`
`initiate the conference call by touching the screen whereby each of the initiated conference
`
`participants will be called by the base phone to establish a conference call.
`
`4.
`
`(Currently Amended) A communication network usiag t:he eellular phmie as in
`
`Claim 3 whereby the communication network can include a large number of participants in a
`
`conference call comprising:
`
`conference call initiating software in said CPU t:hat inoluaes the tfaasmission that
`
`is made by sending a digital message to the remote cellular phones from said phone, by touching
`
`the symbol of each of the participants.,, of an 800 number that ·lliH ae pro11iaea to eaeh of the
`
`proposed eonferenoe eall partioipaats allowing them to eaU the 800 nwnaer to estaalish the
`
`eonferenee eall with the ease phoae and a participant code that cause each of the participants to
`
`call the 800 number and to enter a participant code to establish the conference call with the said
`
`phone.
`
`5.
`
`(Currently Amended) A communication network as in Claim 2 iaeluaiag the
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 7 of 22 PageID #:
`5460
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`10/711,490
`i Page 5
`
`eelhdar 13hone in Clwm 1 that comprising:
`
`said. CPU including a software program to initiate a call to one of the participants
`
`represented by a symbol on said touch screen in conjunction with a software switch displayed on
`
`said touch screen and software to initiate the cellular phone call automatically that turns the
`
`remote cellular phone on or off and generates in the receiving remote cellular phone a pre-stored
`
`message that alerts the remote cellular phone user to call the initiator.
`
`6.
`
`(Currently Amended) A method of establishing a cellular phone communication
`
`network for designated participants, each having a similarly equipped cellular phone that
`
`includes voice communication, free and operator selected text messages, photograph and video, a
`
`CPU, a GPS navigation system and a touch screen display comprising the steps of:
`
`a)
`
`generating one or more symbols on the touch display screen, each
`
`representing a different participant that has a cellular phone that includes
`
`said voice communication, free and operator selected text messages,
`
`photograph and video, a said CPU, a said GPS system and~ touch screen
`
`-display;
`
`b)
`
`providing and storing in each of the participant cellular phones one or
`
`more cellular phone telephone numbers, each cellular phone number of
`
`which relates to a different symbol of each of the participants in the
`
`communication network;
`
`c)·
`
`providing initiating cellular phone calling software in each cellular phone
`
`that is activated by touching a symbol on the touch display that
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 8 of 22 PageID #:
`5461
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page6
`
`automatically initiates a cellular phone call using the stored cellular phone
`
`number to the participant represented by the symbol; and
`
`d)
`
`generating a geographical location chart on said display screen to show the
`
`geographical location of each of the symbols representing the participants in the communication
`
`network by latitude and longitude.
`
`7.
`
`(Original) The method of establishing a communication network as in claim 6
`
`comprising the additional step of:
`
`e)
`
`providing conference call initiating software that allows each of the
`
`participants to initiate a conference call to other participants by touching each of the symbols on
`
`the touch screen representing participants who will participate in the conference call.
`
`8.
`
`(Original) A method of establishing a communication network as in claim 6
`
`including the step of:
`
`f)
`
`providing conference call initiating software for a large number of
`
`participants represented by the symbols on the touch screen in which each of the proposed
`
`conference call participants are established by touching the participant's symbol on the screen
`
`which causes the cellular phone initiating the conference call to transmit messages to each of the
`
`users represented by the touched symbols that tells each of the called participants through their
`
`cellular phones to call a particular 800 number to establish the conference call.
`
`9.
`
`(Original) The method of providing a communication network as in claim 1
`
`including the step of:
`
`providing in each of the cellular phones a remotely activatable software program
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 9 of 22 PageID #:
`5462
`
`fu re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page7
`
`for turning the cellular phone on and off and that initiates a signal from the remote cellular phone
`
`displaying a pre-stored message and to call the initiating cellular phone; and
`
`providing software that activates the remote cellular phone causing the remote
`
`cellular phone to generate said pre-stored message to the remote cellular phone user.
`
`10.
`
`(Currently Amended) A cellular phone for use in a communication network for a
`
`plurality of participants comprising:
`
`a cellular phone transmitter and receiver for transmitting and receiving voice
`
`communication. free and operator selected text messages. photographs. and video;
`
`a small hand held portable housing containing said cellular phone transmitter and
`
`receiver;
`
`a touch display screen mounted in said housing;
`
`a modem connected to said cellular. phone transmitter and receiver;
`
`a CPU connected to said cellular phone transmitter and receiver;
`
`a GPS navigation system connected to said CPU and to said cellular phone
`
`transmitter and receiver on said touch screen;
`
`a database connected to said CPU that includes the sy.t'flbel of a list of telephone
`
`numbers that relate to specific symbols;
`
`a symbol generator connected to said CPU and said database for generating
`
`symbols on said touch display screen;; eaeh of saia symbols representing a partieipaat in a
`
`eornml:lfl:ieatioa aetwork that has a eeUalar phoae;
`
`CPU software for selectively polling other participants with a cellular phone;
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 10 of 22 PageID #:
`5463
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 8
`
`call initiating software connected through said CPU and said telephone database
`
`and said symbol generator whereby when a user touches the symbol displayed on a said touch
`
`display screen the cellular phone call is automatically initiated to the cellular phone represented
`
`by the symbol; and
`
`a geographical database connected to said CPU to provide a geographical display
`
`on said touch screen representing a defined geographical area that also displays symbols
`
`representing each of the participants that has B:fl identical eellelar phone by latitude and
`
`longitude.
`
`11.
`
`(Original) A cellular phone as in Claim 10, including:
`
`conference call initiating software connected to said CPU that allows the cellular
`
`phone user to initiate a conference call to a plurality of participants represented by symbols by
`
`touching each of the symbols and initiating a conference call software switch.
`
`12.
`
`(Original) A cellular phone as in Claim 10, including:
`
`conference call initiating software for large number of conference call participants
`
`that allows the user of the cellular phone to initiate a conference call to the cellular phone users
`
`represented by the symbols on the screen by touching each of the symbols representing a
`
`participant in the conference call which initiates an automatic cellular phone call to the remote
`
`cellular phone users represented by the symbols displaying a text message to call a particular 800
`
`number to establish the conference call.
`
`13.
`
`(Original) A cellular phone as in Claim 10, including:
`
`an emergency call initiating software connected to said CPU that includes a
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 11 of 22 PageID #:
`5464
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`10/711,490
`Page9
`
`remote cellular phone activating signal for causing a remote cellular phone that is called by
`
`touching a symbol representing the cellular phone to be called to generate and play an audio
`
`message telling the remote cellular phone user that there is an emergency and to call the cellular
`
`phone initiator.
`
`14.
`
`(Currently Amended) A cellular phone as in Claim 12, including:
`
`providing the ability to pre-establish phone conferencing nets by touching the
`
`mA said touch display screen at a symbolic representation of the person(s) location or by
`
`selecting the parties from a list appearing on the mA touch display screen and assigning them to
`
`a software drawn switch made to appear on a Pf>A touch display screen; and
`
`providing the ability to conference the participants previously assigned to a net
`
`by using a software drawn switch( es) for a conference call, whereby the user touches the net
`
`software switch to initiate the call to all of the participants on the net.
`
`15.
`
`(Currently Amended) A layered set of software drawn switches as in Claim 14,
`
`including:
`
`a set matrix of layered software drawn switches so that each switch that when
`
`activated on the touch display screen mA overlays the previously drawn matrix of switches, the
`
`matrix level of which is noted in one of the switch locations. thus providing the operator a large
`
`choice of switches in the same physical space on the mA touch display screen and informing the
`
`operator of the level of switches that are displayed.
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 12 of 22 PageID #:
`5465
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 10
`
`REMARKS
`
`The Examiner's objection to claim 5 under 37 C.F.R. l.75(c) as being in improper form
`
`because multiple dependent claim 5 should refer to other claims in the alternative only is
`
`respectfully traversed. Applicant has amended claims 2, 3 4 and 5 to provide the proper form for
`
`dependency.
`
`The Examiner's rejection of claims 1-9 and 10-15 under 35 U.S.C. 112, second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter for
`
`which applicant regards as the invention is respectfully traversed.
`
`In claim 1, applicant has
`
`amended the claim to recite "said video." In claim 2, applicant has amended claim 2, line 6, to
`
`"said CPU."
`
`In claim 2, applicant has amended the word "use" to read ''user" in line 15. In line 6,
`
`applicant has amended "CPU'' and "GPS" recited in lines 2-3 to read "said CPU'' and "said GPS."
`
`In claim 6, applicant has amended "a cellular phone" recited in line 13 and in line 5 to read "said
`
`cellular phone."
`
`Regarding claims 3, 4, 5 and 7-9, the remaining claims (dependent claims 3-5 & 7-9)
`
`depend from a rejected base claim (independent claims 1, 2 and 6) and heretofore inherited the
`
`deficiencies thereof which have been corrected.
`
`Claim 10 has been amended in line 15 to recite "said communication network." Claim 10
`
`has been am~nded in line 19 to recite "said display screen." Claim 10 has been amended in line 15
`
`to recite "said cellular phone." Claim 14 has been amended in line 3 to recite "a PDA display
`
`screen." Also, the phrase "a PDA display screen" recited in claim 5 has been changed to ''the PDA
`
`display screen."
`
`The Examiner's rejection of claim 2 under 35 U.S.C. 103(a) as being unpatentable .over
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 13 of 22 PageID #:
`5466
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`10/711,490
`Page 11
`
`Muramatsu '377 in view of Gorday, et al., et al. '331 (U.S. Publication 2004/0192331Al) and
`
`Bostrom '456 (U.S. Publication 02664546Al) is respectfully traversed. Muramatsu '377 discloses
`
`a navigation system that uses _a portable communication device in conjunction with a navigation
`
`server for providing a prescribed navigation service online. Under Graham v. John Deere
`
`Company. 383 U.S. Page 1, 48 U.S.P.Q. 459 (1966), the Supreme Court established standard
`
`guidelines for assessing patentability. For a rejection under 35 U.S.C. 103, the Court defined
`
`several basic factual inquiries such as: (1) the scope and content of the prior art are to be
`
`determined; (2) differences between the prior art and the claims at issue are to be ascertained; and
`
`(3) the level of ordinary skill in the pertinent art resolved.
`
`The scope and content of Muramatsu '377 suggest that the overall system is primarily for
`
`navigation purposes. The system uses a portable communication device that includes GPS in
`
`conjunction with a navigation server that provides map information including destination and
`
`present position based on corresponding icon symbols. The system also provides azimuth as an
`
`angle departing from north direction for map information. Gorday, et al., et al. '331 discloses a
`
`method for sending messages from a particular device to one or more other devices that
`
`communicants use using the relative geographic location of the targeted devices as addressing
`
`criteria. The use of a stylus in Gorday, et al., et al. is not to make a call such as a voice telephone
`
`call but rather to select one of the communicant PDA devices to target for message communication.
`
`The user employs the stylus or other input mechanism to select via the touch screen the targeted
`
`device in order to initiate communications. Neither Muramatsu nor Gorday, et al. provides for
`
`voice communication, free and operator selected text messages, photographs or video
`
`communications between the user and the selected icon. Bostrom, et al. discloses a node in a
`
`telecommunication network that supports location and dire~tion services suited for wireless
`
`subscribers. The system is a navigational system to provide location services using a server.
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 14 of 22 PageID #:
`5467
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 12
`
`Primarily the user marks specific locations (not calling locations) based on symbols that are pre(cid:173)
`
`entered into a database. No mention is made concerning transmitting and receiving voice
`
`communication, free and operator selected text messages, photographs, and video between other
`
`system users.
`
`It is apparent that the scope and content of the prior art cited by the Examiner are quite
`
`different than the invention recited in applicant's amended claims. Applicant's amended claims
`
`recite a communication system that provides for rapid connection to other participants in the
`
`communication network represented by symbols on a geographical screen that allows for rapid
`
`voice communication, rapid free text 'communication and the rapid transmission of photographs and
`
`video clips using the stylus and touch screen. There is no teaching or suggestion in any of the
`
`references cited by the Examiner to arrive at applicant's claimed invention.
`
`It is applicant's
`
`position that the problem being solved by applicant's invention for rapid voice, text and video
`
`communications in a communication network has not been addressed in the references cited by the
`
`Examiner. Even if the references were combined as suggested by the Examiner, it is believed that
`
`applicant's claimed invention would not result inasmuch as there is no disclosure in any of the
`
`references to suggest applicant's claimed voice, text, photographs and video communications with
`
`the recipients as recited in applicant's claims. Because ofthe large differences between the prior art
`
`cited by the Examiner and the claims amended by applicant, the references teach away or suggest
`
`away from applicant's invention such that one of ordinary skill in the art when reviewing all of the
`
`references together would clearly not arrive at applicant's claimed invention. This is especially true
`
`since applicant's claimed invention is addressing and solving a different communication problem
`
`than the communication problems addressed in each of the references cited when taken together.
`
`There must be something in the prior art as a whole to suggest the desirability and, thus, the
`
`obviousness of making the combination. C.P.R. Bard, Inc. v. M3 Sys., Inc., 157 F.3d 1340, 48
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 15 of 22 PageID #:
`5468
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`10/711,490
`Page 13
`
`U.S.P.Q.2d 1225 (Fed. Cir. 1998). Claim 2 as amended in believed patentable over the art cited by
`
`the Examiner.
`
`The Examiner's rejection of claims 3 and 4 under 35 U.S.C. 103(a) as being unpatentable
`
`over Muramatsu '377 in view of Gorday, et al. '331 and Bostrom '456 as discussed above and
`
`further in view of Bala '475 (U.S. 5,542,475) is respectfully traversed.
`
`Applicant herein reasserts the arguments made above with respect the Muramatsu '377
`
`reference, the Gorday, et al. '331 reference and the Bostrom '456 reference. Using the same
`
`Supreme Court test under the Graham case cited above, it is asserted that Bala when combined with
`
`the other three references do not suggest to one of ordinary skill in the art applicant's claimed
`
`invention as recited in claims 3 and 4. Since claims 3 and 4 depend from claim 2, the scope and
`
`content of Bala combined with the other references do not teach or suggest applicant's claimed
`
`invention in claim 2. The addition of the conference calling features claimed by applicant in claims
`
`3 and 4 in combination with the system claimed in claim 2 recites a combination of elements not
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`taught or suggested when viewed together with the references cited by the Examiner. Bala teaches
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`using a computer and data link to remote the functions of a PBX telephone system. Bala does not
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`teach using a cell phone to set up nets that are local to that cell phone and only that cell phone.
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`There is no motivation to combine the references as suggested by the Examiner.
`
`The Examiner's rejection of claim 6 under 35 U.S.C. 103(a) as being unpatentable over
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`Muramatsu '377 in view of Gorday, et al. '331 is respectfully traversed. Again, applicant reiterates
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`the arguments presented above with respect to the combination of the Muramatsu '377 reference
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`with the Gorday, et al. '331 reference urged by the Examiner with reference to claim 2. Muramatsu
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`'377 reference discloses a navigational system that uses a navigational server to provide
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`navigational information to users requesting such information in a given area. Muramatsu '377
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`does not suggest providing a network of users that establish rapid voice communication, free text
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 16 of 22 PageID #:
`5469
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 14
`
`message communication, photographs communication and video information using a geographical
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`display with icons that are tied into the cell phone number database for rapid communication
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`pwposes. Gorday, et al. '331 reference is also primarily a navigation system that allows sending a
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`pre-prepared message to one of the other participants in an ad hoc network within a certain distance
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`or with other criteria. Gorday does not suggest nor teach having a network that allows for rapid
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`voice communication, free and operator selected text message communication, photographs and
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`video being transferred rapidly using a geographical display and icons that have pre-existing cell
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`phone numbers for rapid communication. The Graham test of scope and content of the prior art
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`again applies to the Examiner's rejection of claim 6. Claim 6 requires a method and system that
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`can rapidly be used to establish voice communication, free text message communication,
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`photograph and video information to one or more selected participants in a rapid manner. The
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`differences between claim 6 and the systems and methods disclosed in Muramatsu '377 and
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`Gorday, et al. '331 are significant. The system and method in Muramatsu '377 and Gorday, et al.
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`'331 relate to navigational devices that seek to solve different problems than the device claimed in
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`claim 6.
`
`The Examiner's rejection of claims 7 and 8 under 35 U.S.C. 103(a) as being unpatentable
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`over Muramatsu '377 in view ofGorday, et al. '331 as discussed and further in view of Bala '475 is
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`respectfully traversed.
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`Applicant reiterates applicant's assertions and comments above concerning the Muramatsu
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`'377 reference and the Gorday, et al. '331 reference. Again, the Bala '475 reference discusses
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`certain conference capabilities that are, however, not suggested nor disclosed in the combination of
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`Muramatsu '377 and Gorday, et al. '331. Therefore, the addition of the Bala '475 reference by the
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`Examiner reviewing the test of obviousness required under the Graham case, the Examiner's
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`combination of references do not suggest or teach applicant's invention in claims 7 and 8 which are
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 17 of 22 PageID #:
`5470
`
`In re Applicant: BEYER, Malcolm K., Jr.
`10/711,490
`Serial No:
`Page 15
`
`dependent from claim 6. There are fundamental differences in the problems being solved and in the
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`structure and function of applicant's claimed invention in claims 7 and 8 that would not suggest to
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`one of ordinary skill in the art the claimed invention.
`
`The Examiner's rejection of claim 10 under 35 U.S.C. 103(a) as being unpatentable over
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`Muramatsu '377 in view of Gorday, et al. '331, Godfrey '634 and Ausems '321 is respectfully
`
`traversed. Applicant reiterates applicant's comments with respect to the Muramatsu '377 reference
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`and the Gorday, et al. '331 reference recited above with respect to claim 1 and claim 6. Under the
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`test of obviousness put forth in the Graham case when looking at the scope and content of the prior
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`art and the differences in the claimed subject matter such as in claim 10 and the combination of
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`references cited by the Examiner, the differences in the claimed subject matter are quite extensive.
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`Again, the problems to be solved are completely different in Muramatsu and Gorday, et al. than the
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`problems solved by applicant's claimed invention especially in claim 10. Godfrey uses 802.11
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`wireless for position determination and does not discuss polling with a system capable of
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`transmitting and receiving voice communication, free and operator selected text messages,
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`photographs, and video. The Godfrey '634 and Ausems '321 references do not cure the defects
`
`found in the other references cited by the Examiner when viewing the overall combination of
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`references. A person of ordinary skill in the art when viewing all of these references, five cited by
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`the Examiner, would not and could not arrive at applicant's claimed invention because the
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`problems are different, the structure and function of elements provided in the combination of
`
`references are different with a different invention resulting.
`
`The Examiner's rejection of claims 11 and 12 under 35 U.S.C. 103(a) as being unpatentable
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`over Muramatsu '377 in view of Gorday, et al. '331, Godfrey '634 and Ausems '321 further in
`
`view of Bala '475 is respectfully traversed. Claims 11 and 12 depend from claim 10 and applicant
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`herein reiterates the comments made above with respect to the references cited in combination by
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 156-4 Filed 09/28/21 Page 18 of 22 PageID #:
`5471
`
`In re Applicant: BEYER, Malcolm K., Jr.
`Serial No:
`IQ/711,490
`Page 16
`
`the Examiner with respect to claims 11 and 12. The teaching in Bala '475 relating to conference
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`calling with the variety of participants is completely different in subject matter than that claimed by
`
`applicant in claims 11 and 12 which depend from claim 10. Under the Graham test, the scope and
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`content of the prior art are quite different as to the problems being solved and the structure being
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`used than that specifically claimed by applicant in claims 11 and 12 which include voice, text and
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`video messaging to a number of participants in a rapid manner. It is applicant's position that one of
`
`ordinary skill in the art when viewing all of these references grouped together by the Examiner
`
`could not possibly arrive at applicant's claimed invention because of the lack of teaching or
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`suggestions in these references to arrive at the claimed invention.
`The Examiner's rejection of claim 13 under 35 U.S.C. 103(a) as being unpatentable over
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`Muramatsu '377 in view of Gorday, et al. '331, Ausems. '321, Godfrey '634 and further in view of
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`Tendler '286 is respectfully traversed. Claim 13 specifically requires a communication network
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`that includes voice communication, text messages and a geographical screen for rapidly summoning
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`one or more other participants in the communication network. Applicant reiterates applicant's
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`comments and arguments above with respect to the references cited above. Tendler does not
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`disclose nor cure the problem of actual voice communications in combination with the ico