`
`In re Patent Application of:
`Darrell Diem
`
`Art Unit: 2689
`
`Application No: 14/629,336
`
`Examiner: MOHAMED BARAKAT
`
`Confirmation No: 3173
`
`Filed: 02/23/2015
`
`Atty. Docket No: 1114-0005001
`
`F01‘: System and Method for Conveying Event Information
`Based on Varying Levels of Administrative Privilege
`under Multiple Levels of Access Controls
`
`Customer No:
`
`PATENT & TRADEMARK OFFICE
`
`RESPONSE TO NON-FINAL OFFICE ACTION
`
`Commissioner for Patents
`
`P.O. Box 1450
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`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`In response to the Non-final Office Action (Action) dated January 04, 2016, please
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`amend the above-identified U.S. patent application as follows:
`
`Amendments to the claims begin on page 2 of this paper.
`
`Remarks/Arguments begin on page 7 of this paper.
`
`1
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`TELETRAC Ex. 1007
`TELETRAC Ex. 1007
`
`1
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`
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`AMENDMENTS TO THE CLAIMS
`
`1.
`
`2.
`
`(Cancelled).
`
`(Currently Amended) A tracking system comprising:
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`one or more servers capable of communicating object location information to a group
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`comprising a plurality of users having user IDs, said group having a group ID, said group being one
`
`of a plurality of groups each having corresponding group IDs and user IDs, said object location
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`information relating to a plurality of mobile objects having object IDs, wherein a first object ID of a
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`first mobile object of said plurality of mobile objects is associated with a first location information
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`source that provides a first location information corresponding to first coordinates of said first
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`mobile object within a first coordinate system, and wherein a second object ID of a second mobile
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`object of said plurality of mobile objects is associated with a second location information source
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`that provides a second location information corresponding to second coordinates of said second
`
`mobile object within a second coordinate system, said second coordinates being relative to said first
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`coordinates based on proximity of the first mobile object to the second mobile object, the one or
`
`more servers being configured to:
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`define first level administrative privileges to control user membership in said group,
`
`define second level administrative privileges to control conveyance of said object
`
`location information to said group,
`
`check the first level administrative privileges before associating a user ID with a
`
`group ID of said group,
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`check the second level administrative privileges before associating said first object
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`ID and said second object ID with said group ID of said group,
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`provide one or more interfaces for setting at least one of a zone, an event, or an alert,
`
`receive a request to set a zone,
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`receive a request to set an event based upon said zone and said object location
`
`information,
`
`2
`
`
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`receive a request to set an alert based upon said event, said alert being associated
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`with an access privilege, said request identifying said group as being the recipient of said
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`alert;
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`check the second level administrative privileges before setting said zone, said event,
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`and said alert,
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`store said zone, said event and said alert in one or more databases,
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`receive object IDs and object location information,
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`compare said object IDs and said object location information with said zone and said
`
`event to determine whether to send said alert to said group, and
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`cause the alert to be sent to said group based said access privilege.
`
`3.
`
`(Previously Presented) The tracking system of claim 2, wherein said second location
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`information corresponds to said second mobile object being within a determined proximity of said
`
`first mobile object.
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`4.
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`(Previously Presented) The tracking system of claim 2, wherein said first location
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`information source comprises a GPS location information source that provides the first mobile
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`obj ect’s GPS location and said second location information source comprises a proximity location
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`information source that determines the second mobile obj ect’s proximity to the first mobile object's
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`GPS location.
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`5.
`
`(Previously Presented) The tracking system of claim 4, wherein said proximity
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`location information source comprises near field communications.
`
`6.
`
`(Previously Presented) The tracking system of claim 4, wherein said proximity
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`location information source comprises Bluetooth.
`
`7.
`
`(Previously Presented) The tracking system of claim 4, wherein said proximity is
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`determined based on RF signal strength.
`
`8.
`
`(Previously Presented) The tracking system of claim 2, wherein said alert comprises
`
`said object location information.
`
`9.
`
`(Currently Amended) A system for tracking vehicles comprising:
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`one or more servers capable of communicating object location information to a group
`
`comprising a plurality of users having user IDs, said group having a group ID, said group being one
`
`3
`
`
`
`of a plurality of groups each having a_corresponding group IDs and user IDs; said object location
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`information relating to a plurality of vehicles having vehicle IDs; said plurality of vehicles being
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`driven by a plurality of drivers carrying tags associated with driver IDs; each vehicle of said
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`plurality of vehicles being associated with a GPS location information source that provides a GPS
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`location and each tag being associated with a proximity location information source that determines
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`proximity of said tag to said GPS location, the one or more servers being configured to:
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`define first level administrative privileges to control user membership in said group;
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`define second level administrative privileges to control conveyance of said object
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`location information to said group;
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`check the first level administrative privileges before associating a user ID with a
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`group ID of said group;
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`check the second level administrative privileges before associating a driver ID and a
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`vehicle ID with the group ID of the group;
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`provide one or more interfaces for setting at least one of a zone; an event; or an alert;
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`receive a request to set a zone;
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`receive a request to set an event based upon said zone and said object location
`
`information;
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`receive a request to set an alert based upon said event; said alert being associated
`
`with an access privilege; said request identifying said group as being the recipient of said
`
`alert;
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`check the second level administrative privileges before setting said zone; said event;
`
`and said alert;
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`store said zone; said event and said alert in one or more databases;
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`receive object IDs and object location information;
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`compare said object IDs and said object location information with said zone and said
`
`event to determine whether to send said alert to said group; and
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`cause the alert to be sent to said group based said access privilege.
`
`10.
`
`(Previously Presented) The tracking system of claim 9; wherein said proximity
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`location information source comprises near field communications.
`
`4
`
`
`
`11.
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`(Previously Presented) The tracking system of claim 9, wherein said proximity
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`location information source comprises Bluetooth.
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`12.
`
`(Previously Presented) The tracking system of claim 9, wherein said proximity is
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`based on RF signal strength.
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`13.
`
`(Previously Presented) A tracking system comprising:
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`one or more servers capable of communicating object location information related to a
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`plurality of first mobile objects having first object IDs and a plurality of second fixed or mobile
`
`objects having second object IDs, wherein a first object ID of a first mobile object of said plurality
`
`of mobile objects is associated with a first location information source that provides a first location
`
`corresponding to first coordinates of said first mobile object within a first coordinate system, and
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`wherein a second object ID of a second fixed or mobile object of said plurality of fixed or mobile
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`objects is associated with a second location information source that provides a second location
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`corresponding to second coordinates of said second fixed or mobile object within a second
`
`coordinate system, said second coordinates being relative to said first coordinates based on range or
`
`proximity, the one or more servers configured to:
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`define first level administrative privileges to control membership of users in a group
`
`of a plurality of groups, each group having a corresponding group ID,
`
`define second level administrative privileges to control conveyance of said object
`
`location information to said group,
`
`check the first level administrative privileges before associating a user ID with a
`
`group ID of said group,
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`check the second level administrative privileges before associating a first object ID
`
`and a second object ID with the group ID of said group,
`
`provide one or more interfaces for setting zone, event, or alert for the group,
`
`receive a request to set a zone for the group,
`
`receive a request to set an event for the group based upon said zone and said object
`
`location information,
`
`receive a request to set an alert for the group, said request identifying said group as
`
`being the recipient of said alert,
`
`5
`
`
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`check the second level administrative privileges before setting the zone, event, or
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`alert;
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`store the zone, event and alert in one or more databases,
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`receive object IDs and object location information,
`
`compare object IDs and object location information with the zone and event to
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`determine whether to send said alert, and
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`cause the alert to be sent to said group.
`
`14.
`
`(Previously Presented) The tracking system of claim 13, wherein said first location
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`information source comprises a GPS location information source that provides the first mobile
`
`obj ect’s GPS location and said second location information source comprises a proximity location
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`information source that ranges with the first mobile object to provide the second mobile obj ect’s
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`proximity to the first mobile object's GPS location.
`
`15.
`
`(Previously Presented) The tracking system of claim 13, wherein said second mobile
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`objects are associated with at least one of persons or cargo.
`
`16.
`
`(Previously Presented) The tracking system of claim 14, wherein said ranging is
`
`based on signal strength received from a second fixed or mobile object over an RF connection.
`
`17.
`
`(Previously Presented) The tracking system of claim 14, wherein said proximity
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`location information source comprises NFC or Bluetooth or UWB or WiFi.
`
`18.
`
`(Previously Presented) The tracking system of claim 14, wherein said proximity
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`location information source comprises an indoor location information source.
`
`19.
`
`(Previously Presented) The tracking system of claim 18, wherein said indoor location
`
`information source comprises Bluetooth or WiFi.
`
`20.
`
`(Previously Presented) The tracking system of claim 13, wherein said event relates to
`
`whether the first mobile object enters the second fixed or mobile object.
`
`21.
`
`(Previously Presented) The tracking system of claim 14, wherein said event relates to
`
`whether the first mobile object exits the second fixed or mobile object.
`
`6
`
`
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`REMARKS
`
`The Applicant thanks the Examiner for the careful consideration of the present application.
`
`Claims 2 and 9 have been amended. Claims 2-21 remain pending.
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`Examiner Interview
`
`The undersigned wishes to express gratitude for the courtesy of Examiner Interview of
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`February 11th 2016 during which the outstanding rejection and objections were discussed according
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`to the amendments and arguments presented in this response. It is the undersigned’s understanding
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`that agreement was reached with the Examiner that the outstanding objection and rejections should
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`be withdrawn because the specification fully enables the claims and that the claims are definite
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`under 35 USC 112, 15‘ and 2nd paragraphs. The Examiner also confirmed that all prior art of record
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`have been considered and none of the claims stand rejected based on prior art.
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`Claim Objections
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`Claims 1 and 9 are objected to because of typographical errors. Applicant believes that the
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`Examiner refers to claims 2 instead of claim 1 because claim 1 was cancelled in a preliminary
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`amendment submitted on November 30, 2015. Accordingly, amendments to claims 2 and 9, as
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`reflected above correct the typographical informalities and overcome the objections.
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`Enablement Rejection
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`Claims 2, 9 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as failing to comply with the enablement requirement.
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`Non-Enablement Rejection
`
`7
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`
`
`The Action states, “The claimed ‘define first level administrative privileges to control user
`
`membership in said group; define second level administrative privileges to control conveyance of
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`said object location information to said group; check the first level administrative privileges before
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`associating a user ID with a group ID of said group; check the second level administrative privileges
`
`before associating said first object ID and said second object ID with said group ID of said group’
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`was not described in the specification in such a way as to enable one skilled in the art to which it
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`pertains; or with which it is most nearly connected; to make and/or use the invention.”
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`Enablement Analysis under MPEP
`
`MPEP 2164.01 defines the enablement test. According to MPEP; the test of enablement is
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`whether one reasonably skilled in the art could make or use the invention from the disclosures in the
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`patent coupled with information known in the art without undue experimentation; In re Wands; 858
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`F.2d at 737; 8 USPQ2d at 1404 (Fed. Cir. 1988). A patent need not teach; and preferably omits;
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`what is well known in the art. In re Buckner; 929 F.2d 660; 661; 18 USPQ2d 1331; 1332 (Fed. Cir.
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`1991). Any part of the specification can support an enabling disclosure; even a background section
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`that discusses; or even disparages; the subject matter disclosed therein. Callicrate v. Wadsworth
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`Mfg, Inc., 427 F.3d 1361; 77 USPQ2d 1041 (Fed. Cir. 2005).
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`Determining enablement is a
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`question of law based on underlying factual findings. In rel/aeck; 947 F.2d 488; 495; 20 USPQ2d
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`1438; 1444 (Fed. Cir. 1991.
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`The test of enablement is not whether any experimentation is
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`necessary; but whether; if experimentation is necessary; it is undue. In re Angsladl; 537 F.2d 498;
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`504; 190 USPQ 214; 219 (CCPA 1976).
`
`8
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`
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`Claims Are Enabled:
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`It is respectfully submitted that the claims are enabled based on “undue experimentation”
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`factors set forth in MPEP 2l64.0l(a). This is because the present invention is specifically focused
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`on location-based services implemented with location tracking hardware and computer software
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`executed at one or more servers that control conveyance of object location information. Significant
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`prior art already on the record establish the level of ordinary skill in the art. Specification contains
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`many detailed examples
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`for
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`system and method implementation under various working
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`embodiments of the invention, including an Internet service administered such that anyone having
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`access to the Internet can purchase the service and be a user. A purchaser of the service can set up a
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`company-wide information-sharing environment within the larger world-wide information-sharing
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`environment that includes company employees, affiliates, guests, etc. A division within a company
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`may set up its own information-sharing environment, and so on. A family can set up its own
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`information-sharing environment and an individual may set up his or her own information-sharing
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`environment. (See, page 9, lines 20-30)
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`As described in the Specification, “[t]he present invention can be implemented in a variety
`
`of information-sharing environments. The sharing of information may be managed among a small
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`number of users such as a family or group of friends, or among a very large number of users such as
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`among employees of very large business, or among a worldwide user base such as a might be
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`provided via an Internet service. Furthermore,
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`information-sharing environments may involve
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`information-sharing environments within information-sharing environments. That is, one or more
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`smaller information-sharing environments may overlap or coexist independent of each other within
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`one or more larger
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`information-sharing environments.” (See page 9 lines 1-9).
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`Because
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`9
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`
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`information-sharing environments exist within information-sharing information environments, the
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`specification enables various levels of administrator privileges, including, a first level administrative
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`privilege and a second level administrative privileges.
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`According to specification “one or more administrators may be given privileges to configure
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`the information-sharing environment. Such configuration could include specifying authorized users
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`of the environment and their access privileges, etc. Such configuration can also define groups of
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`users as part of an established organizational structure associated with the information-sharing
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`environment.”
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`(See, page 9 lines 10-14).
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`Thus, the specification describes multiple levels of
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`administrative privileges being used to administer multiple levels of information sharing
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`environments.
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`The specification describes setting up the various groups making up a given
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`information sharing environment, where a given level of administrative privileges are used to define
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`the users belonging to the various groups.
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`According to the specification, “the users of the computing devices each have user
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`identification codes that can be associated with the computing devices in order to manage the
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`conveyance of information to the computing devices based upon the identity of the user and
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`information access privileges. Such user identification codes may be managed by a control station
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`or may be established based on user unique user information. Such codes would typically include an
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`identifier (e.g., a user account name or user number) and can be associated with one or more groups,
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`and one or more information access privilege classifications, etc. For example, a given user may be
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`included in a group indicating members of a family, a company, a club, or an association. Similarly,
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`employees of a company may belong to one or more defined groups within the company (e.g.,
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`Management, Engineering, Accounting, etc.). Membership within a group may indicate the user
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`10
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`10
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`10
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`
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`can have access to confidential information such as company proprietary information or classified
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`information such as the coordinates of military assets on a battlefield.” (See, page 11, line 14-27)
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`Thus the specification enables defining a first level of administrative privileges to control user
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`membership in groups.
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`According to the specification, “a system and method for defining events that are correlated
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`with the location of one or more objects to one or more zones. Hereinafter, such events are referred
`
`to as object location events. The object location events can be defined at an application level or a
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`user level.”
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`(See, page 2, line 28-30) Under this arrangement, each authorized user can have
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`corresponding second level administrative privileges. The specification, therefore, enables defining
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`second level administrative privileges to control conveyance of object location information to
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`groups. The specification describes a user that has been assigned membership in a given group
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`controlling conveyance of information. As such, first level administrative privileges control user
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`membership in a group and second level administrative privileges enable user assigned membership
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`in a group by a first level administrator to use membership privilege to configure or define second
`
`level administrative privileges used to control conveyance of object location information to a group.
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`(See, pages 20-21 lines 25-7)
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`The specification enables checking the first level administrative privileges before associating
`
`IDs with objects and a group ID. According to the specification, “user identification codes can be
`
`associated with computing devices and used to manage the conveyance of information among the
`
`computing devices. Association of a given user identification code with a given computing device
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`may be via a user login process whereby a user enters a user account name and password. Certain
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`computing devices (e.g., a PDA or smart phone) may allow a user identification code to be
`
`ll
`
`ll
`
`11
`
`
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`embedded or programmed into a computing device’s memory such that any user of the computing
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`device is considered to be the user owning the device.” (See, page 12, lines 3-10) As such,
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`specification clearly describes checking administrative privileges based on codes.
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`According to specification, objects are associated with sources of location information
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`provide object location information comprising one or more coordinates (See, page 8 lines 13-15).
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`FIG. 1 illustrates various examples of objects (e.g., devices, things, people, vehicles, animals, etc.)
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`that can be associated with location information sources. According to the specification, an object
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`may be located in any place, or be any thing. According to the specification, any object can be
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`associated with a location information source.
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`(See, page 10 lines 19-28) Any one user can
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`associate a location information source with an object. The user that associates a location
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`information source with an object can also associate an access code with the object location
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`information provided by the source. As such, in relation to the example scenario of FIG. 2, the
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`mother can facilitate the conveyance of the object location information to another trusted user, who
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`has knowledge of the access code, such as the father of the daughter. The mother may or may not
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`allow conveyance of the zone or event information to the father. (See, page 17 lines 16-25)
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`The specification clearly supports an identification code as one type of access code.
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`Specification states "access codes can be used in various ways. In one arrangement, an access code
`
`specifies the individual users and/or groups of users having access to the information to which the
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`access code is associated. Such an access code would typically include specific user identification
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`codes and/or group codes. For example, by a user logging into a computing device, a given user
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`identification code is associated with the computing device."
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`(See, page 12 lines 11-25) The
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`specification states that the “user identification code” would “typically include an identifier.” (See,
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`12
`
`12
`
`12
`
`
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`page 11 lines 16-25) Thus, a code comprises an identifier. For example, a user identification code
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`is a code that identifies a user.
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`The specification contains other detailed examples for system
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`implementation under various working embodiments of the invention. For example, according to
`
`the specification, objects may be outdoors or indoors and may be included within another object.
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`Such objects may be mobile or fixed. At any given time, mobile objects may be moving or
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`stationary.
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`(See, page 10 lines 19-28) Thus, specification enables objects, such as mobile devices
`
`or computing devices to be associated with identification codes.
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`As described in the specification, administrators are given privileges to configure
`
`inforrnation-sharing environments. Such configuration could include specifying users of the
`
`environment and their access privileges, etc. Such configuration can also define groups of users in
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`an organizational structure associated with the inforrnation-sharing environment.
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`(See, page 9 lines
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`10-14) In FIG. 3, the first step 392 associates user identification codes with computing device
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`objects that are grouped by associating user identification codes with group IDs. According to the
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`specification, the ID association can he an embedded association, for example, programming the
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`user identification code in the niemoiy of the computing device, or it can be accomplished via a log-
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`in process at the computing devices using the user identification codes.
`
`(See, page 12 lines 7-1%)
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`Thus according to the specification, computing devices and mobile devices are examples of objects
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`associated with IDs in groups having group IDs. Accordingly, the specification enables the use of
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`administrative privileges for configuring users and groups, including adding users associated with
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`objects to groups associated with group identification codes.
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`FIGs. 3-7 illustrate various embodiments of the invention where object location information
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`is conveyed to computing devices based upon an object location information access code or user
`
`13
`
`13
`
`13
`
`
`
`identification codes. According to the specification, each information-sharing environment can be
`
`administered so as to manage conveyance of object location information among computing devices
`
`based on identification codes. (See, page 9, lines 28-30). The specification once again describes a
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`plurality of second level privileges each associated with one of a plurality of information sharing
`
`environments. “Object location information access code determines which user(s) are conveyed the
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`object location information.” (See, page 23,
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`lines 9-14) Any access control requires checking
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`privileges associated with system administration. Having required varying levels of administrative
`
`privileges, the specification supports checking such administrative privileges at any level, including
`
`checking the first level and second level administrative privileges. As stated above, administrative
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`privilege at any level, including the first level is required to control user membership in said group.
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`Thus, the first level administrative privileges must be checked before associating a user ID with a
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`group ID of a group. Moreover, as stated above, the specification supports associating IDs with
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`groups and objects, e.g., computing devices at varying levels including the second level of
`
`administrative privileges.
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`Based on the foregoing it is respectfully submitted that the specification enables servers
`
`configured to define first level administrative privileges to control user membership in said group,
`
`define second level administrative privileges to control conveyance of said object
`
`location
`
`information to said group, check the first level administrative privileges before associating a user ID
`
`with a group ID of said group, check the second level administrative privileges before associating
`
`said first object ID and said second object ID with said group ID of said group.
`
`14
`
`I4
`
`14
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`
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`Indefiniteness Rejection
`
`Claims 2-8 and 13-21 stand rejected under 35 U.S.C. 112(b) as being indefinite for failing to
`
`particularly point out and distinctly claim the subject matter which the inventor regards as the
`
`invention. The Action specifically points out that in claims 2 and 13, the phrase “said second
`
`coordinates being relative to said first coordinates” renders the claims indefinite because it is not
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`clear how the second coordinates are relative to the first coordinates. Claims 3-8 and 14-21 are
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`indefinite because they are dependents of claims that are indefinite.
`
`According to the specification, “a coordinate system may also be established corresponding
`
`to a domain, for example, an office building or a shopping mall. Additionally, one or more users
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`may define a coordinate system for example, making the location of a user's home or business or a
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`user's own location the (0,0) reference point within an X-Y coordinate system.” (Page 21, lines 26-
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`30) The specification further states that that coordinate systems are based upon the location
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`information source(s). FIG.
`
`1 depicts a wireless network tower to represent wireless connectivity,
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`any of various well known forms of networking technologies such as WI-F1, Wireless USB,
`
`
`cellular, Bluetooth optical wireless, etc. can be used alone or in combination to provide the wired
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`and/or wireless connectivity among the computing devices. The specification describes various
`
`types of location information sources. According to the specification, “any of various other location
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`information sources can be used in place of or in combination with GPS to provide object location
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`information. Alternative location information sources include cellular network based wide area
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`location systems,
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`infrared-based location systems, ultrasound-based location systems, video
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`surveillance location systems, RF signal-based location systems such as WLAN-based location
`
`15
`
`15
`
`15
`
`
`
`systems, ultra wideband location systems, and near field electromagnetic ranging location systems.
`
`GPS systems may be augmented using space based augmentation systems (SBAS) and/or local area
`
`augmentation systems (LAAS), radar-based information sources, and a data file. GPS systems can
`
`be outdoor GPS sources or indoor GPS sources. Alternatives to GPS also include GLONASS and
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`Galileo. Generally, any form of location information system can be used that can provide a
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`coordinate of an object allowing an icon indicating the object location to be depicted on a map.”
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`(See, Page 11, lines 2-13) FIG. 11 illustrates an exemplary GPS Screen of the Location and
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`Tracking software used to manage a GPS receiver that is associated with a user's PDA via a
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`Bluetooth connection. GPS, Bluetooth, NFC, UWB, etc. clearly establish first and second
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`coordinate systems that are relative to each other. According to the specification, “a GPS receiver
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`location information source may be placed at a location, for example the entry door of a building,
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`and its GPS location in latitude and longitude and height used as a (0,0,0) reference point for a
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`coordinate system used inside the building along with a second location information source such as
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`UWB system better suited for indoor operation. As such, one or more coordinate systems
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`established by an administrator or by a user of an information-sharing environment can be used to
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`provide object location information.” (See, Page 22, lines 2-8)
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`It is respectfully submitted that claim 13 clearly defines how second coordinates is relative
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`to first coordinates by requiring such relativity based on “range or proximity.” Range and proximity
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`of mobile objects, e.g., the first and second mobile objects from each other, defines the relationship
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`of the first and second coordinates in claims 13. For example, when a GPS location of the first
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`mobile object on a first GPS coordinate provided by a GPS location information source is proximate
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`or in range of the location of the second mobile device, the first GPS coordinate becomes relative to
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`second proximate coordinates of a proximity location information source, e.g., Bluetooth or NFC,
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`that provides proximate location of the second mobile object relative to the first mobile object. To
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`more clearly define claim 2, the claim is amended to require “second coordinates being relative to
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`said first coordinates based on proximity of the first mobile to the second mobile object.”
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`It is
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`respectfully submitted that with this amendment meet definiteness requirement of 35 U.S.C. 112(a)
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`or 35 U.S.C. 112 (pre-AIA), 2nd paragraph.
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`CONCLUSION
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`In view of the above,
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`it is respectfully submitted that all pending claims are now in
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`allowable form. Early issuance of a Notice of Allowance is respectfully submitted. If the Examiner
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`is of the opinion that the prosecution of this application would be advanced by a personal interview,
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`the Examiner is invited to telephone undersigned counsel to arrange for such an interview.
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`Dated: Februag 11, 2016
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`Respectfully submitted,
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`By: /Robert S. Babayi/
`Robert S. Babayi
`Registration No.: 33,471
`VECTOR IP LAW GROUP
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`(202) 446-1481 (Direct)
`(703) 587-3803 (Mobile)
`(202) 446-1485 (Fax)
`Attorney/Agent For Applicant
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