unpatentable over Sharma and Gotoh in view of Barros. The
`
`Examiner rejected claims 86 and 106 under 35 U.S.C. 103(a)
`
`as being unpatentable over Sharma and Gotoh and Sarefat.
`
`The Examiner rejected claim 30 under 35 U.S.C. 1039A) over
`
`Sharma in view of Benes and further in view of Serafrat.
`
`The Examiner rejected claim 79 under 35 U.S.C. 103(a) as
`
`being unpatentable over Sharma in view of Karasawa and
`
`further in view of Berstis and Reaney.
`
`As shown above all of applicant's independent
`
`claims are patentable. Each of the above claims are
`
`dependent on such patentable independent claims.
`
`Accordingly, these dependent claims are patentable for
`
`depending upon a patentable independent claim.
`
`In light of
`
`the foregoing, applicant respectfully requests that the
`
`Examiner's rejection of these dependent claims be
`
`withdrawn.
`
`Rejections in view of Official Notice
`
`Many of the rejections made by the Examiner
`
`appear to have been rejected in view of Official Notice.
`
`Any rejection that does not show each and every element of
`
`a claim in one or more references is an inadequate
`
`rejection.
`
`For rejections under 35 U.S.C. § 103(a), the
`
`Examiner has the burden of showing each and every element
`
`of applicant's invention in the prior art combination.
`
`If
`
`the Examiner is taking Official Notice, MPEP § 2144.03
`
`requires that the facts of which notice are being taken be
`
`capable of instant and unquestionable demonstration as
`
`being well known in the art. See In re Ahlert, 424 F.2d
`
`1088, 1091, 165 USPQ 418, 420
`
`(CCPA 1970). Applicant
`
`believes that the "facts" of which the Examiner may have
`
`37
`
`Mullen Industries, LLC - Ex. 1002
`Page 699
`
`

`

`taken Official Notice do not meet that standard, and invoke
`
`his right under MPEP § 2144.03 to have the Examiner provide
`
`documentary proof that those facts are actually well known.
`
`The Examiner "cannot simply reach conclusions
`
`based on its own understanding or experience - or on its
`
`assessment of what would be basic knowledge or common
`
`sense. Rather,
`
`[the Examiner] ... must point to some
`
`concrete evidence in the record in support of these
`
`findings."
`
`In re Zurko, 258 F.3d at 1385, 59 USPQ2d at
`
`1697 (Fed. Cir. 2001).
`
`If the Examiner is relying on
`
`personal knowledge to support the finding of what is known
`
`in the art, the examiner must provide an affadavit or
`
`declaration setting forth factual statements and
`
`explanation to such a finding.
`
`See MPEP 2144.03(c)
`
`The Examiner cannot make rejections using a
`
`reference or combination of references where the references
`
`do not show each and every element of a particular claim.
`
`Applicant respectfully requests that the Examiner withdraw
`
`any rejections that do not show the inclusion of each and
`
`every element of a particular claim in a reference or a
`
`combination of references.
`
`Conclusion
`
`Applicant respectfully submits that this
`
`application, including the pending claims, is in condition
`
`for allowance. Reconsideration and prompt allowance of
`
`this application are respectfully requested.
`
`The Director is hereby authorized to charge any
`
`fees required in conjunction with this filing, or credit
`
`any overpayment of the same, to Deposit Account No. 50-
`
`3855, Order No. JDM/005.
`
`Respectfully Submitted,
`
`38
`
`Mullen Industries, LLC - Ex. 1002
`Page 700
`
`

`

`/Jeffrey D. Mullen/
`Jeffrey D. Mullen
`Applicant (Reg. No. 52,056)
`Customer No. 32733
`2212 Hassinger Lane
`Glenshaw, PA 15116
`Mobile:
`(914) 837-7741
`
`39
`
`Mullen Industries, LLC - Ex. 1002
`Page 701
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`10932536
`
`01-Sep-2004
`
`Title of Invention:
`
`Systems and methods for location based games and employment of the
`same on location enabled devices
`
`First Named Inventor/Applicant Name:
`
`Jeffrey D. Mullen
`
`Filer:
`
`Jeffrey David Mullen
`
`Attorney Docket Number:
`
`JDM/005
`
`Filed as Small Entity
`
`Filing Fees for Utility under 35 USC 111 (a)
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`Mullen Industries, LLC - Ex. 1002
`Page 702
`
`

`

`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Extension - 3 months with $0 paid
`
`2253
`
`Miscellaneous:
`
`RCE- 2ND AND SUBSEQUENT REQUEST
`
`2820
`
`1
`
`1
`
`700
`
`700
`
`850
`
`850
`
`Total in USO($)
`
`1550
`
`Mullen Industries, LLC - Ex. 1002
`Page 703
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`28712107
`
`10932536
`
`International Application Number:
`
`Confirmation Number:
`
`2766
`
`Title of Invention:
`
`Systems and methods for location based games and employment of the
`same on location enabled devices
`
`First Named Inventor/Applicant Name:
`
`Jeffrey D. Mullen
`
`Customer Number:
`
`32733
`
`Filer:
`
`Jeffrey David Mullen
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`JDM/005
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`22-MAR-2017
`
`01-SEP-2004
`
`22:15:34
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`yes
`
`CARD
`
`$1550
`
`RAM confirmation Number
`
`03231 71 NTEFSW22164400
`
`Deposit Account
`
`Authorized User
`
`503855
`
`Jeffrey Mullen
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`37 CFR 1.16 (National application filing, search, and examination fees)
`
`37 CFR 1.17 (Patent application and reexamination processing fees)
`
`Mullen Industries, LLC - Ex. 1002
`Page 704
`
`

`

`37 CFR 1.19 (Document supply fees)
`
`37 CFR 1.20 (Post Issuance fees)
`
`37 CFR 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes}/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`697792
`
`1
`
`Request for Continued Examination
`(RCE)
`
`J DM-005--RCE.pdf
`
`no
`
`3
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`6d 1d427a24eae25e9160a3aa1e47b87bc8f
`8ec3a
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`Warnings:
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`2
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`JDM-005--Reply.pdf
`
`yes
`
`39
`
`fcea6cb664 508d23 75 e bS bS af2b4 b 7 68b4 7
`59215
`
`226669
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`Multipart Description/PDF files in .zip description
`
`Document Description
`
`Start
`
`End
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`Amendment Submitted/Entered with Filing of CPA/RCE
`
`Claims
`
`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Warnings:
`
`Information:
`
`1
`
`22
`
`39
`
`1
`
`2
`
`23
`
`32395
`
`3
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`Fee Worksheet (5B06)
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`fee-info.pdf
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`no
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`d40afa036427e40bd2dc4effd5dd7e1 358b
`06501
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`956856
`
`Mullen Industries, LLC - Ex. 1002
`Page 705
`
`

`

`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT /DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/1 OS) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Mullen Industries, LLC - Ex. 1002
`Page 706
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`28712107
`
`10932536
`
`International Application Number:
`
`Confirmation Number:
`
`2766
`
`Title of Invention:
`
`Systems and methods for location based games and employment of the
`same on location enabled devices
`
`First Named Inventor/Applicant Name:
`
`Jeffrey D. Mullen
`
`Customer Number:
`
`32733
`
`Filer:
`
`Jeffrey David Mullen
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`JDM/005
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`22-MAR-2017
`
`01-SEP-2004
`
`22:15:34
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`yes
`
`CARD
`
`$1550
`
`RAM confirmation Number
`
`03231 71 NTEFSW22164400
`
`Deposit Account
`
`Authorized User
`
`503855
`
`Jeffrey Mullen
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`37 CFR 1.16 (National application filing, search, and examination fees)
`
`37 CFR 1.17 (Patent application and reexamination processing fees)
`
`Mullen Industries, LLC - Ex. 1002
`Page 707
`
`

`

`37 CFR 1.19 (Document supply fees)
`
`37 CFR 1.20 (Post Issuance fees)
`
`37 CFR 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes}/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`697792
`
`1
`
`Request for Continued Examination
`(RCE)
`
`J DM-005--RCE.pdf
`
`no
`
`3
`
`6d 1d427a24eae25e9160a3aa1e47b87bc8f
`8ec3a
`
`Warnings:
`
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`
`yes
`
`39
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`fcea6cb664 508d23 75 e bS bS af2b4 b 7 68b4 7
`59215
`
`226669
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`Multipart Description/PDF files in .zip description
`
`Document Description
`
`Start
`
`End
`
`Amendment Submitted/Entered with Filing of CPA/RCE
`
`Claims
`
`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Warnings:
`
`Information:
`
`1
`
`22
`
`39
`
`1
`
`2
`
`23
`
`32395
`
`3
`
`Fee Worksheet (5B06)
`
`fee-info.pdf
`
`no
`
`2
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`d40afa036427e40bd2dc4effd5dd7e1 358b
`06501
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`Information:
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`
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`Mullen Industries, LLC - Ex. 1002
`Page 708
`
`

`

`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT /DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/1 OS) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Mullen Industries, LLC - Ex. 1002
`Page 709
`
`

`

`PTO/SB/06 (09-11)
`Approved for use through 1/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`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.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Application or Docket Number
`Filing Date
`09/01/2004 □ To be Mailed
`10/932,536
`Substitute for Form PT0-875
`
`ENTITY: 0 LARGE [8l SMALL 0 MICRO
`
`APPLICATION AS FILED - PART I
`
`(Column 1)
`
`(Column 2)
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`RATE($)
`
`FEE($)
`
`FOR
`0 BASIC FEE
`
`(37 CFR 1.16(a), (b), or (c))
`
`(37 CFR 1.16(k), (i), or (m))
`
`□ SEARCH FEE
`□ EXAMINATION FEE
`
`(37 CFR 1.16(0), (p), or (q))
`TOTAL CLAIMS
`(37 CFR 1.16(i))
`INDEPENDENT CLAIMS
`(37 CFR 1.16(h))
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`minus 20 =
`
`minus 3 =
`
`*
`
`*
`
`□ APPLICATION SIZE FEE
`(37 CFR 1.16(s))
`
`If the specification and drawings exceed 100 sheets
`of paper, the application size fee due is $310 ($155
`for small entity) for each additional 50 sheets or
`fraction thereof. See 35 U.S.C. 41 (a)(1 )(G) and 37
`CFR 1.16(s).
`□ MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j))
`* If the difference in column 1 is less than zero, enter "0" in column 2.
`
`N/A
`
`N/A
`
`N/A
`
`X $
`
`X $
`
`=
`
`=
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`APPLICATION AS AMENDED - PART II
`
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`
`(Column 2)
`
`(Column 3)
`
`03/22/2017
`
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`~ 1.16(i\\
`0
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`Independent
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`w
`(37 CFR 1.16(hll
`~ D Application Size Fee (37 CFR 1.16(s))
`<(
`□ FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`** 117
`***8
`
`Minus
`
`Minus
`
`PRESENT EXTRA
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`= 0
`= 0
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`(Column 1)
`
`(Column 2)
`
`(Column 3)
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`X $40 =
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`
`0
`0
`
`0
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`PRESENT EXTRA
`
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`
`ADDITIONAL FEE ($)
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`CLAIMS
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`*
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`
`HIGHEST
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`**
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`0
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`w
`~
`□ FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`<(
`
`* If the entry in column 1 is less than the entry in column 2, write "0" in column 3.
`** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
`
`*** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`
`X $
`
`X $
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`=
`
`=
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`TOTAL ADD'L FEE
`
`LIE
`/POLIN ANG/
`
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information is required by 37 CFR 1.16. 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 US PTO. 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, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`Mullen Industries, LLC - Ex. 1002
`Page 710
`
`

`

`UNITED STA TES p A TENT 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.
`
`10/932,536
`
`09/01/2004
`
`Jeffrey D. Mullen
`
`JDM/005
`
`2766
`
`7590
`32733
`JEFFREY D. MULLEN
`2212 Hassinger Lane
`Glenshaw, PA 15116
`
`09/22/2016
`
`EXAMINER
`
`MCCLELLAN, JAMES S
`
`ART UNIT
`
`PAPER NUMBER
`
`3716
`
`MAIL DATE
`
`DELIVERY MODE
`
`09/22/2016
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Mullen Industries, LLC - Ex. 1002
`Page 711
`
`

`

`Application No.
`10/932,536
`
`Applicant(s)
`MULLEN,JEFFREY D.
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`No
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`Examiner
`JAMES S. MCCLELLAN
`
`Art Unit
`3716
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )~ Responsive to communication(s) filed on 9/9/2016.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)~ This action is FINAL.
`2b)O This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ; the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)~ Claim(s) 1-61 and 63-118 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)~ Claim(s) 1-61 and 63-118 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:ilwww.usoto.gov/patents/init events/pph/index.isp or send an inquiry to PPHfeedback(wuspto.aov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)O All b)O Some** c)O None of the:
`Certified copies of the priority documents have been received.
`1.0
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) ~ Notice of References Cited (PTO-892)
`2) 0 Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date __ .
`
`3) 0 Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20160919
`
`Mullen Industries, LLC - Ex. 1002
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`

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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 2
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`DETAILED ACTION
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`DETAILED ACTION
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`Applicant's Submission of a Response
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`Applicant's submission of a response on 9/9/2016 has been received and fully
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`considered. In the response, claims 82, 84, 100, and 118 have been amended. Therefore, claims
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`1-61 and 63-118 are pending.
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`Claim Objections
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`Claim 118 is objected to because of the following informalities: in cline 4, "includes
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`and" should be replaced with "includes an". Appropriate correction is required.
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`Claim Rejections - 35 USC§ 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`Claims 82, 87, 100-104, 107-110, 113-115 are rejected under 35 U.S.C. 103(a) as
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`being obvious based upon US Patent No. 6,287,200 Bl to Sharma et al. in view of U.S.
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`Patent Application Publication No. 2003/0217070 to Gotoh.
`
`Regarding claim 82, Sharma discloses a system comprising:
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`Mullen Industries, LLC - Ex. 1002
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`A display (fig. 4);
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`Page 3
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`A locating device operable to determine the physical location of said locating device on a
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`physical playfield (abstract, col. 2, lines 35-45, mobile device contains GPS), wherein said
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`locating device comprises a movement measuring device operable to be utilized, at least in part
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`to determine said physical location (col. 3, lines 45-61, mobile device also contains a motion
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`sensor that measures trajectory and velocity of the device, and in order to measure trajectory and
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`velocity, displacement must be measured thereby determining at least two different physical
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`locations);
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`a processor coupled to said display and said locating device, wherein said processor is
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`operable to provide a video game comprising a virtual character with a virtual location on a
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`virtual playfield and said virtual location on said virtual playfield corresponds to said physical
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`location on said physical playfield (fig. 3 and 5, col. 3, lines 45-61).
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`Sharma does not disclose the use of an accelerometer. Gotoh teaches (in the Abstract and
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`various other locations, including at least paragraphs 81 and 96) that an accelerometer may used
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`to measaure position when a GPS signal is not available.
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`It would have been obvious to one of ordinary skill in the art at the time of the current
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`invention to modify Sharma with an accelerometer as taught by Gotoh to determine position data
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`when GPA signals are not working for redundancy.
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`Regarding claims 87 and 107. Sharma discloses wherein said video game is a multiple-player
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`video game ( col. 3, lines 25-45).
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`Mullen Industries, LLC - Ex. 1002
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`

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`Application/Control Number: 10/932,536
`Art Unit: 3716
`
`Regarding claim 100, Sharma discloses a system comprising:
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`A non-transparent display (fig. 4, a hand-held display);
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`Page 4
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`a locating device operable to determine the physical location of said locating device on a
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`physical playfield (col. 2, lines 35-45, GPS);
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`a directional device operable to determine the physical direction of said directional device
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`on said physical playfield (fig. 5, col. 3, lines 45-61, the motion sensor determines the direction);
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`and
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`a processor coupled to said display and said locating device, wherein said processor is
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`operable to provide a video game comprising a virtual character with a virtual location and
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`facing a virtual direction on a virtual playfield said virtual location on said virtual playfield
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`corresponds to said physical location on said physical playfield, and said virtual direction on said
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`virtual playfield corresponds to said physical direction on said physical playfield (fig. 5, col. 3,
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`lines 45-61, the user utilizes the device to move the character and the volleyball).
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`Regarding claim 101. Sharma discloses wherein said video game is provided on said display in a
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`third-person perspective (fig. 3, col. 3, lines 30-44).
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`Regarding claim 102. Sharma discloses wherein said display is a non head-mounted display (fig.
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`4).
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`Regarding claim 103. Sharma discloses wherein a second virtual character is provided in said
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 5
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`video game and said second virtual character is computer-controlled (fig. 2, 3 and 5, col. 3, lines
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`45-61, each character is controlled by the mobile device).
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`Regarding claim 104. Sharma discloses wherein a second virtual character is provided in said
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`video game and said second virtual character is user- controlled (fig. 5, col. 3, lines 45-61, the
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`character is controlled by the player who controls the device).
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`Regarding claim 108. Sharma discloses wherein an interactive virtual object, with respect to said
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`virtual character, is provided in said video game (col. 3, lines 30-61, volleyball).
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`Regarding claim 109. Sharma discloses wherein an impenetrable virtual object, with respect to
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`said virtual character, is provided in said video game (col. 3, lines 30-61, the volleyball is hit and
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`not penetrated by the swinging of the mobile device).
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`Regarding claim 110, Sharma discloses wherein said virtual character is selected from a plurality
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`of virtual characters (col. 3, line 38, the players can choose a team X or Y character).
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`Regarding claim 113. Sharma discloses wherein said video-game is point-based (col. 3, lines 30-
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`38, volleyball is point based).
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`Regarding claim 114. Sharma discloses wherein said locating device comprises a positioning
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`receiver (col. 2, lines 35-45, GPS).
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 6
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`Regarding claim 115. Sharma discloses wherein said locating device comprises a movement
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`measuring device operable to be utilized, at least in part, to determine said physical location ( col.
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`3, lines 25-61, the mobile device also contains a motion sensor that measures trajectory and
`
`velocity of the device, and in order to measure trajectory and velocity, displacement must be
`
`measured thereby determining at least two different physical locations.).
`
`Claims 1-3, 6-16, 19, 20, 22, 25, 26, 28, 29, 31, 32, 34, 43, 47, 53, 55, 56, 59-61, and 63-
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`65 are rejected are rejected under 35 U.S.C. 103(a) as being unpatentable over Sharma.,
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`USP AT 6,287,200 (hereinafter Sharma) in view of Benes et al. (US 2004/0046655 A 1 ).
`
`Claims 1 Sharma in view of Benes discloses a system comprising:
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`a wireless device wherein said wireless device comprises:
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`a display (fig. 4);
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`a locating device operable to determine the physical location of said locating device on a
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`physical playfield (col. 1:lines 5-16, col. 2:40, col. 3:45 - col. 4:8); and
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`a processor coupled to said display and said locating device, wherein said processor is operable
`
`to provide a video game comprising a virtual character with a virtual location on a virtual
`
`playfield, said virtual character is displayed on said display (fig. 3, col. 3:lines 9-38), and said
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`virtual location on said virtual playfield corresponds to said physical location on said physical
`
`playfield (col. 3:9-12, col. 3:31-61).
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 7
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`Sharma substantially discloses the invention as claimed but fails to explicitly teach a wireless
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`telephone device (as per claims 1 and 83). Instead, Sharma discloses mobile devices with
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`displays that may communicate via RF, W AP, Bluetooth etc. without expressly disclosing a
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`wireless telephone device. However, in an analogous reference, Benes discloses a wireless
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`telephone device to play a location-based game. One of ordinary skill in the art would have seen
`
`the benefit of modifying Sharma with a wireless telephone device to optimize the resources
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`available to subscribers, alter the game by defining an area of play and activate game features
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`without direct communication between the players and the providers (Benes, paragraph 1 and 2).
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`Furthermore, an artisan would have found it obvious to adapt the invention, when possible, to
`
`operate on other wireless devices (Benes, paragraph 10) to increase the user base by allowing
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`users who already own one similar device but do not want to purchase another device to play the
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`game. Therefore, it would have been obvious to one or ordinary skill in the art at the time of the
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`instant invention to modify Sharma with a wireless telephone device to optimize resources, and
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`increase the user base which would also increase profits.
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`Claim 2. Sharma discloses said locating device is a global positioning system (col. 2:line 41).
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`Claim 3. Sharma discloses (column 2, lines 18-23), "In a first embodiment, the participants are
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`able to play a virtual reality game utilizing a radio frequency protocol, including, but not limited
`
`to Bluetooth protocol. The active participants in the virtual reality game are defined by the
`
`frequency range of the radio frequency protocol, such as the lm to 1 Om range implemented by
`
`the Bluetooth protocol. Sharma further discloses ( column 2, line 66-column 3, line 6) that, " ... a
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`virtual game implemented by a radio frequency requires that the respective mobile devices of all
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 8
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`participants be within a common radio frequency protocol range ... thus, only the users of such
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`mobile devise are able to participate in the virtual game." Because the range dictates the
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`interaction between participants, it would imply that the playfield perimeter is default to the limit
`
`of the protocol.
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`Claim 6, Sharma inherently discloses memory to store the application programs (col. 3:lines 25-
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`37) because a memory must be present in order to store multiple applications in addition to the
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`volleyball game. Benes discloses a memory (Benes, fig. 2 and 3, item 260).
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`Claim 7, as discussed above, Sharma's wireless device contains a GPS positioning receiver and
`
`updates its position to a server, which is then sent to other wireless devices to that they know the
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`wireless device's position relative to the physical location and the location in the game. While
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`Sharma does not specifically disclose that the location is stored in memory, it would have been
`
`inherent to do this, since the location in the wireless device is constantly being updated and sent
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`to the server--memory being an essential item to make this work.
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`Claim 8, Sharma discloses that a 'position' is being sent from the wireless device to a server, so
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`that other users know the location of the wireless device relative to the physical location and
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`virtual location within the game. If using GPS, it would have been inherent to use a coordinate
`
`system, since GPS utilizes geographical coordinates.
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`Mullen Industries, LLC - Ex. 1002
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`Application/Control Number: 10/932,536
`Art Unit: 3716
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`Page 9
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`Claim 9, Sharma discloses a the motion sensor within the wireless device that will sense both
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`trajectory and velocity which corresponds to the direction and magnitude (col. 3:lines 45-61).
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`Claims 10 and 14, Sharma discloses (column 4, lines 30-35) that, "Unlike the Virtual game
`
`implemented utilizing the radio frequency protocol, the virtual game implemented utilizing the
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`W AP allows any and all requested mobile devices that transmit their respective GPS coordinates
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`and participation acknowledgement signals to the requesting mobile unit to participate in the
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`virtual g