Stragent, LLC et al v. Classmates Online, Inc. et al

Filing 70

MOTION to Dismiss for Failure to State a Claim (FRCP 2(b)(6) Based on the Failure of teh Patent-in-Suit to Claim Patentable Subject Matter Under 35 U.S.C. §101 by Classmates Online, Inc.. (Attachments: # 1 Appendix 1, # 2 Affidavit of Victor de Gyarfas, # 3 Exhibit A to de Gyarfas Decl, # 4 Exhibit B to de Gyarfas Decl, # 5 Exhibit C to de Gyarfas Decl, # 6 Exhibit D to de Gyarfas Decl, # 7 Exhibit E to de Gyarfas Decl, # 8 Exhibit F to de Gyarfas Decl, # 9 Exhibit G to de Gyarfas Decl, # 10 Exhibit H to de Gyarfas Decl, # 11 Exhibit I to de Gyarfas Decl, # 12 Exhibit J to de Gyarfas Decl, # 13 Exhibit K to de Gyarfas Decl, # 14 Exhibit L to de Gyarfas Decl, # 15 Text of Proposed Order)(Robinson, William)

Stragent, LLC et al v. Classmates Online, Inc. et al

Doc. 70 Att. 1

Appendix 1 '722 Patent Claim 1. A method for introducing a first communication device to a second communication device in a communication network comprising: The Claim Is Not Patentable · When the claim is viewed as a whole, it claims an algorithm for sending and storing a message, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · Sending or "transmitting" messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · Receiving media content or messages does not render a claim patentable ­ Ultramercial · Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Analyzing data, such as by manipulating or extracting it, does not render a claim patentable ­ Benson, Ex parte Barnes, Cybersource · Displaying data does not render a claim patentable ­ Ultramercial, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Data gathering does not render a claim patentable ­ Flook · Entering data does not render a claim patentable ­ Every Penny Counts · Storing data does not render a claim patentable ­ Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 1

transmitting a message from the first communication device, said message comprising presentation data that further comprises at least one of audio, pictorial and video data representing an identity of the first communication device; receiving said message at the second communication device;

extracting the presentation data from the message; presenting the presentation data to a user of the second communication device in auditory or visual form; receiving user input in response to said presentation; and storing said presentation data, as an identifier for the first communication device, in a memory of the second communication device based on said user input. 2. The method of claim 1, further comprising:
LACA_2686501.1

Dockets.Justia.com

deleting said message from said memory based on said user input.

· Deleting data cannot render a claim patentable when storing does not ­ Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell

3. A system for introducing a first communication device to a second communication device in a communication network comprising:

· When the claim is viewed as a whole, it claims an algorithm for sending and storing a message, which is an unpatentable abstract idea, as in Benson. · Reciting a "system" does not render a claim patentable - Ex parte Birger · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial means for transmitting a message from · Reciting "means for" limitations does not render the first communication device, said a claim patentable ­ Every Penny Counts, Ex parte message comprising presentation data that Greene further comprises at least one of audio, · Sending or "transmitting" messages does not pictorial and video data representing an render a claim patentable - Perfect Web Techs. identity of the first communication device; · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack means for receiving said message at the · Reciting "means for" limitations does not render second communication device; a claim patentable ­ Every Penny Counts, Ex parte Greene · Receiving media content or messages does not render a claim patentable ­ Ultramercial · Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack means for extracting the presentation data · Reciting "means for" limitations does not render from the message; a claim patentable ­ Every Penny Counts, Ex parte Greene · Analyzing data, such as by manipulating or extracting it, does not render a claim patentable ­ Benson, Ex parte Barnes, Cybersource

2
LACA_2686501.1

means for presenting the presentation data to a user of the second communication device in auditory or visual form;

means for receiving user input in response to said presentation; and

means for storing said presentation data, as an identifier for the first communication device, in a memory of the second communication device based on said user input.

· Reciting "means for" limitations does not render a claim patentable ­ Every Penny Counts, Ex parte Greene · Displaying data does not render a claim patentable ­ Ultramercial, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting "means for" limitations does not render a claim patentable ­ Every Penny Counts, Ex parte Greene · Data gathering does not render a claim patentable ­ Flook · Entering data does not render a claim patentable ­ Every Penny Counts · Reciting "means for" limitations does not render a claim patentable ­ Every Penny Counts, Ex parte Greene · Storing data does not render a claim patentable ­ Ultramercial, Ex parte Greene · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a memory does not render a claim patentable - Ex parte Mitchell · Reciting a data structure or computer readable medium does not render a claim patentable ­ Cybersource, Ex parte Mitchell, Ex parte CorneaHasegan · Stored data does not render a claim patentable ­ Ultramercial, Ex parte Greene · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Stored data does not render a claim patentable ­ Ultramercial, Ex parte Greene · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 4 · Stored data does not render a claim patentable ­ Ultramercial, Ex parte Greene · The "device" claimed is not a particular machine ­ Benson, Dealertrack

4. A data structure encoded on a computer readable medium, comprising: first identifier data indicating a global identification of a first communication device; and second identifier data comprising presentation data, said presentation data further comprising at least one of audio, pictorial and video data representing an identity of the first communication device. 5. The data structure of claim 4, further comprising: third identifier data indicating a global identification of a second communication device; and

3
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fourth identifier data comprising presentation data, said presentation data further comprising at least one of audio, pictorial and video data representing an identity of the second communication device. 6. The data structure of claim 5, further comprising: message data comprising a message from said first communication device to said second communication device.

· Stored data does not render a claim patentable ­ Ultramercial, Ex parte Greene · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 4 · Stored data does not render a claim patentable ­ Ultramercial, Ex parte Greene · That the data is for a message does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack

7. A method of providing an identifier for a communication device, comprising:

· When the claim is viewed as a whole, it claims an algorithm for identifying a device which could send a message, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack inputting at least one of auditory, pictorial · Data gathering does not render a claim patentable and video information into the ­ Flook communication device; · Entering data does not render a claim patentable ­ Every Penny Counts · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack converting said at least one of auditory, · Analyzing data, such as by manipulating or pictorial, and video information into converting it, does not render a claim patentable ­ device identifier data; and Benson, Ex parte Barnes, Cybersource · The "device" claimed is not a particular machine ­ Benson, Dealertrack storing said device identifier data in a · Storing data does not render a claim patentable ­ memory of said communication device. Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell · The "device" claimed is not a particular machine ­ Benson, Dealertrack 4
LACA_2686501.1

8. The method of claim 7, wherein said auditory information is a verbal phrase spoken by a device user. 9. The method of claim 7, wherein said pictorial information comprises a digital representation of a device user's handwriting. 10. The method of claim 7, wherein said pictorial information comprises a digital portrait of a device user. 11. The method of claim 7, wherein said video information comprises video of a device user. 12. A computer-readable medium containing instructions for controlling at least one processor to perform a method of providing an identifier for a communication device, the method comprising:

· See preamble to independent claim 7 · That the data is audio does not render a claim patentable ­ Ultramercial · See preamble to independent claim 7 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 7 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 7 · That the data is video does not render a claim patentable ­ Ultramercial

· When the claim is viewed as a whole, it claims an algorithm for identifying a device which could send a message, which is an unpatentable abstract idea, as in Benson. · Reciting a computer readable medium containing instructions does not render a claim patentable ­ Perfect Web Techs., Cybersource, Ex parte Mitchell, Ex parte Cornea-Hasegan · Reciting a processor does not render a claim patentable - Ex parte Mitchell · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack inputting at least one of auditory, pictorial · Data gathering does not render a claim patentable and video information into the ­ Flook communication device; · Entering data does not render a claim patentable ­ Every Penny Counts · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack converting said at least one of auditory, · Analyzing data, such as by manipulating or pictorial and video information into device converting it, does not render a claim patentable ­ identifier data; and Benson, Ex parte Barnes, Cybersource · The "device" claimed is not a particular machine ­ Benson, Dealertrack storing said device identifier data in a · Storing data does not render a claim patentable ­ 5
LACA_2686501.1

memory of said communication device.

Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 12 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 12 · That the data is pictorial does not render a claim patentable ­ Ultramercial

13. The computer-readable medium of claim 12, wherein said auditory information is a verbal phrase spoken by a device user. 14. The computer-readable medium of claim 12, wherein said pictorial information comprises a digital representation of a device user's handwriting. 15. The computer-readable medium of claim 12, wherein said pictorial information comprises a digital portrait of a device user. 16. The computer-readable medium of claim 12, wherein said video information comprises video of a device user. 17. A communication device comprising:

· See preamble to independent claim 12 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 12 · That the data is video does not render a claim patentable ­ Ultramercial · When the claim is viewed as a whole, it claims an algorithm for identifying a device which could send a message, which is an unpatentable abstract idea, as in Benson. · Reciting receiving messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a memory does not render a claim patentable - Ex parte Mitchell · Reciting an input device does not render a claim patentable - Every Penny Counts · Data gathering does not render a claim patentable ­ Flook · Entering data does not render a claim patentable ­ Every Penny Counts · That the data is audio, pictorial, or video data does not render a claim patentable ­ Ultramercial · Reciting a processor does not render a claim patentable - Ex parte Mitchell 6

a memory; an input device configured to receive at least one of auditory, pictorial and video information; and

a processor configured to:

LACA_2686501.1

convert said at least one of auditory, pictorial and video information into device identifier data, and store said device identifier data in the memory.

· Analyzing data, such as by manipulating or converting it, does not render a claim patentable ­ Benson, Ex parte Barnes, Cybersource · Storing data does not render a claim patentable ­ Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell · See preamble to independent claim 17 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 17 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 17 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 17 · That the data is video does not render a claim patentable ­ Ultramercial · When the claim is viewed as a whole, it claims an algorithm for sending a message, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack 7

18. The communication device of claim 17, wherein said auditory information is a verbal phrase spoken by a device user. 19. The communication device of claim 17, wherein said pictorial information comprises a digital representation of a device user's handwriting. 20. The communication device of claim 17, wherein said pictorial information comprises a digital portrait of a device user. 21. The communication device of claim 17, wherein said video information comprises video of a device user. 22. A method of sending a message to one or more recipients in a communications network, comprising:

retrieving device identifiers from a list of device identifiers stored in a memory of a first communication device, said device identifiers comprising at least one of audio, pictorial and video data; presenting the at least one of audio, pictorial and video data to a user of the first communication device in auditory or visual form;

LACA_2686501.1

receiving user input in response to said presentation; designating a second communication device as a destination for the message based on said user input; and sending the message to the second communication device.

· Data gathering does not render a claim patentable ­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 22 · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · When the claim is viewed as a whole, it claims an algorithm for sending a message, which is an unpatentable abstract idea, as in Benson. · Reciting a computer readable medium containing instructions does not render a claim patentable ­ Perfect Web Techs., Cybersource, Ex parte Mitchell, Ex parte Cornea-Hasegan · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, Dealertrack · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, 8

23. The method of claim 22, further comprising: designating other communication devices as destinations for the message based on said user input.

24. A computer-readable medium containing instructions for controlling at least one processor to perform a method of sending a message to one or more recipients in a communications network, the method comprising:

retrieving device identifiers from a list of device identifiers stored in a memory of a first communication device, said device identifiers comprising at least one of audio, pictorial and video data,

presenting the at least one of audio, pictorial and video data to a user of the

LACA_2686501.1

first communication device in auditory or visual, receiving user input in response to said presentation, designating a second communication device as a destination for the message based on said user input, and sending the message to the second communication device.

Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Data gathering does not render a claim patentable ­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 24 · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · When the claim is viewed as a whole, it claims an algorithm for sending a message, which is an unpatentable abstract idea, as in Benson. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a memory does not render a claim patentable - Ex parte Mitchell · Reciting a processor does not render a claim patentable - Ex parte Mitchell · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, Dealertrack · Reciting a "memory" does not render a claim patentable - Ex parte Mitchell · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, 9

25. The computer-readable medium of claim 24, the method further comprising: designating other communication devices as destinations for the message based on said user input.

26. A first communication device comprising:

a memory configured to store a list of identifiers; and a processor configured to: retrieve device identifiers from the list of device identifiers stored in the memory, said device identifier comprising at least one of audio, pictorial and video data,

present the at least one of audio, pictorial and video data to a user of the first

LACA_2686501.1

communication device in auditory or visual form, receive user input in response to said presentation, designate a second communication device as a destination for the message based on said user input, and send the message to the second communication device.

Dealertrack · Data gathering does not render a claim patentable ­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson · Sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 26 · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson · When the claim is viewed as a whole, it claims an algorithm for sending a message upon receiving authorization, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · Receiving data from another device does not render a claim patentable ­ Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · Sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a "memory" does not render a claim patentable - Ex parte Mitchell 10

27. The first communication device of claim 26, the processor further configured to: designate other communication devices as destinations for the message based on said user input. 28. A method of authorizing transmission of a message from a first communication device to a second communication device in a communications network, comprising:

receiving a request to send a message from the first communication device, said request containing a device identifier identifying the first communication device; and sending an authorization message to said first communication device authorizing said first communication device to send said message if said device identifier matches any identifiers from a list of identifiers stored in a memory in said

LACA_2686501.1

second communication device. 29. A computer-readable medium containing instructions for controlling at least one processor to perform a method of authorizing transmission of a message from a first communication device to a second communication device in a communications network, the method comprising: · When the claim is viewed as a whole, it claims an algorithm for sending a message upon receiving authorization, which is an unpatentable abstract idea, as in Benson. · Reciting a computer readable medium containing instructions does not render a claim patentable ­ Perfect Web Techs., Cybersource, Ex parte Mitchell, Ex parte Cornea-Hasegan · Reciting a processor does not render a claim patentable - Ex parte Mitchell · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · Receiving data from another device does not render a claim patentable ­ Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · Sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a "memory" does not render a claim patentable - Ex parte Mitchell · When the claim is viewed as a whole, it claims an algorithm for sending a message upon receiving authorization, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a processor does not render a claim patentable - Ex parte Mitchell

receiving a request to send a message from the first communication device, said request containing a device identifier identifying the first communication device; and sending an authorization message to said first communication device authorizing said first communication device to send said message if said device identifier matches any identifiers from a list of identifiers stored in a memory of said second communication device. 30. A first communication device, comprising: a processor configured to:

11
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receive a request to send a message from a second communication device, said request containing a device identifier identifying the second communication device, and

· Receiving data from another device does not render a claim patentable ­ Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams send an authorization message to said · Sending messages does not render a claim second communication device authorizing patentable - Perfect Web Techs. said second communication device to send · The "device" claimed is not a particular machine said message if said device identifier ­ Benson, Dealertrack matches any identifiers from a list of · Reciting a "memory" does not render a claim identifiers stored in a memory of said first patentable - Ex parte Mitchell communication device. 31. A method of forwarding a message · When the claim is viewed as a whole, it claims received at a first communication device an algorithm for receiving a message and sending a in a communications network, comprising: message which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial receiving a message at the first · Receiving media content or messages does not communication device; render a claim patentable ­ Ultramercial · Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack retrieving device identifiers from a list of · An algorithm to match profiles with data entries device identifiers stored in a memory of does not render a claim patentable - Perfect Web the first communication device, said Techs. device identifier comprising at least one of · The "device" claimed is not a particular machine audio, pictorial and video data; ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell presenting the at least one of audio, · Displaying audio, pictorial, or video data does pictorial and video data to a user of the not render a claim patentable ­ Ultramercial, first communication device in auditory or Dealertrack visual form; · The "device" claimed is not a particular machine ­ Benson, Dealertrack receiving user input in response to said · Data gathering does not render a claim patentable 12
LACA_2686501.1

presentation; designating a second communication device as a forwarding destination for the message based on said user input; and forwarding the message to the second communication device.

­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson · Forwarding or sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 31 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 31 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 31 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 31 · That the data is video does not render a claim patentable ­ Ultramercial · When the claim is viewed as a whole, it claims an algorithm for sending a message, which is an unpatentable abstract idea, as in Benson. · Reciting a computer readable medium containing instructions does not render a claim patentable ­ Perfect Web Techs., Cybersource, Ex parte Mitchell, Ex parte Cornea-Hasegan · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · Receiving media content or messages does not render a claim patentable ­ Ultramercial 13

32. The method of claim 31, wherein said auditory information is a verbal phrase spoken by a device user. 33. The method of claim 31, wherein said pictorial information comprises a digital representation of a device user's handwriting. 34. The method of claim 31, wherein said pictorial information comprises a digital portrait of a device user. 35. The method of claim 31, wherein said video information comprises video of a device user. 36. A computer-readable medium containing instructions for controlling at least one processor to perform a method of forwarding a message received at a first communication device in a communications network, the method comprising:

receiving a message at the first communication device;

LACA_2686501.1

· Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack retrieving device identifiers from a list of · An algorithm to match profiles with data entries device identifiers stored in a memory of does not render a claim patentable - Perfect Web the first communication device, said Techs. device identifier comprising at least one of · The "device" claimed is not a particular machine audio, pictorial and video data; ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell presenting the at least one of audio, · Displaying audio, pictorial, or video data does pictorial data and video to a user of the not render a claim patentable ­ Ultramercial, first communication device in auditory or Dealertrack visual form; · The "device" claimed is not a particular machine ­ Benson, Dealertrack receiving user input in response to said · Data gathering does not render a claim patentable presentation; and ­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts designating a second communication · An algorithm to match profiles with data entries device as a forwarding destination for the does not render a claim patentable - Perfect Web message based on said user input. Techs. · The "device" claimed is not a particular machine ­ Benson 37. The computer-readable medium of claim 36, wherein said auditory information is a verbal phrase spoken by a device user. 38. The computer-readable medium of claim 36, wherein said pictorial information comprises a digital representation of a device user's handwriting. 39. The computer-readable medium of claim 36, wherein said pictorial information comprises a digital portrait of a device user. 40. The computer-readable medium of claim 36, wherein said video information · See preamble to independent claim 36 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 36 · That the data is pictorial does not render a claim patentable ­ Ultramercial

· See preamble to independent claim 36 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 36 · That the data is video does not render a claim 14

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comprises video of a device user. 41. A communication device comprising:

patentable ­ Ultramercial

· When the claim is viewed as a whole, it claims an algorithm for receiving a message and designating a destination for the message, which is an unpatentable abstract idea, as in Benson. · Reciting sending messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack an input device; · Reciting an input device does not render a claim patentable - Every Penny Counts · Data gathering does not render a claim patentable ­ Flook a memory configured to store device a list · Reciting a memory does not render a claim of device identifiers; and patentable - Ex parte Mitchell a processor configured to: · Reciting a processor does not render a claim patentable - Ex parte Mitchell receive a message at the first · Receiving media content or messages does not communication device, retrieve device render a claim patentable ­ Ultramercial identifiers from the list of device · Receiving data from another device does not identifiers stored in the memory, said render a claim patentable ­ Dealertrack device identifiers comprising at least one · A pre-solution step of gathering data does not of audio, pictorial and video data, render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell present the audio, pictorial and video · Displaying audio, pictorial, or video data does data to a user of the first communication not render a claim patentable ­ Ultramercial, device in auditory or visual form, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack receive user input in response to said · Data gathering does not render a claim patentable presentation via the input device, and ­ Flook · Entering data or receiving input does not render a claim patentable ­ Every Penny Counts designate a second communication · An algorithm to match profiles with data entries device as a forwarding destination for the does not render a claim patentable - Perfect Web message based on said user input. Techs. · The "device" claimed is not a particular machine ­ Benson

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42. The communication device of claim 41, wherein said auditory information is a verbal phrase spoken by a device user. 43. The communication device of claim 41, wherein said pictorial information comprises a digital representation of a device user's handwriting. 44. The communication device of claim 41, wherein said pictorial information comprises a digital portrait of a device user. 45. The communication device of claim 41, wherein said video information comprises video of a device user. 46. A method of transmitting a message from a first communication device to one or more recipients in a communications network, comprising:

· See preamble to independent claim 41 · That the data is auditory does not render a claim patentable ­ Ultramercial · See preamble to independent claim 41 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 41 · That the data is pictorial does not render a claim patentable ­ Ultramercial · See preamble to independent claim 41 · That the data is video does not render a claim patentable ­ Ultramercial · When the claim is viewed as a whole, it claims an algorithm for identifying a destination for a message and sending a message, which is an unpatentable abstract idea, as in Benson. · Reciting transmitting messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Data gathering does not render a claim patentable ­ Flook · Entering data does not render a claim patentable ­ Every Penny Counts

retrieving device identifiers from a list of device identifiers stored in a memory of the first communication device, said device identifiers comprising at least one of audio, pictorial and video data; presenting the at least one of audio, pictorial and video data to a user of the first communication device in auditory or visual form; receiving user input in response to said presentation;

16
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designating a second communication device as a forwarding destination for the message based on said user input; queuing said message in the memory of said first communication device;

transmitting a request to send a message to the second communication device, said request containing a device identifier identifying the first communication device; receiving an authorization message from said second communication device authorizing said first communication device to send said message; retrieving said queued message from the memory of said first communication device; and

transmitting said message to said second communication device.

· An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · "Queuing" or storing data does not render a claim patentable ­ Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell · The "device" claimed is not a particular machine ­ Benson, Dealertrack · "Transmitting" or sending a request, which itself is a message, does not render a claim patentable Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · "Transmitting" or sending a message does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · See preamble to independent claim 46 · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · "Transmitting" or sending a request, which itself is a message, does not render a claim patentable Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack 17

47. The method of claim 46, further comprising: designating one or more other communication devices as destinations for the message based on said user input; transmitting requests to send said message to the one or more other communication devices, said requests containing a device identifier identifying the first communication device;

LACA_2686501.1

receiving authorization messages from said one or more other communication devices authorizing said first communication device to send said message; retrieving said queued message from the memory of said first communication device; and

transmitting said message to said one or more other communication devices.

· Receiving data from another device does not render a claim patentable ­ Dealertrack · A pre-solution step of gathering data does not render a claim patentable ­ Flook, In re Grams · The "device" claimed is not a particular machine ­ Benson, Dealertrack · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · "Transmitting" or sending a message does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · When the claim is viewed as a whole, it claims an algorithm for identifying a destination for a message and sending a message, which is an unpatentable abstract idea, as in Benson. · Reciting a communications network does not render a claim patentable ­ Cybersource, Ultramercial · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Reciting transmitting messages does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · An algorithm to match profiles with data entries does not render a claim patentable - Perfect Web Techs. · The "device" claimed is not a particular machine ­ Benson, Dealertrack · A recitation of "memory" does not render a claim patentable - Ex parte Mitchell · Displaying audio, pictorial, or video data does not render a claim patentable ­ Ultramercial, Dealertrack · The "device" claimed is not a particular machine ­ Benson, Dealertrack · Data gathering does not render a claim patentable ­ Flook 18

48. A communication network, comprising:

at least one first communication device configured to: transmit at least one authorization message in response to receiving a request to send a message; and a second communication device configured to: retrieve device identifiers from a list of device identifiers stored in a memory, said device identifiers comprising at least one of audio, pictorial and video data,

present the at least one of audio, pictorial and video data to a user of the second communication device in auditory or visual form, receive user input in response to said presentation,

LACA_2686501.1

· Entering data does not render a claim patentable ­ Every Penny Counts designate said at least one first · An algorithm to match profiles with data entries communication device as a forwarding does not render a claim patentable - Perfect Web destination for the message based on said Techs. user input, · The "device" claimed is not a particular machine ­ Benson, Dealertrack queue said message in the memory, · "Queuing" or storing data does not render a claim patentable ­ Ultramercial, Ex parte Greene · Reciting a memory does not render a claim patentable - Ex parte Mitchell transmit said request to send a message · "Transmitting" or sending a request, which itself to the at least one first communication is a message, does not render a claim patentable device, said request containing a device Perfect Web Techs. identifier identifying the at least one first · The "device" claimed is not a particular machine communication device, ­ Benson, Dealertrack receive said at least one authorization · Receiving data from another device does not message from said at least one first render a claim patentable ­ Dealertrack communication device authorizing said · A pre-solution step of gathering data does not second communication device to send said render a claim patentable ­ Flook, In re Grams message, retrieve said queued message · The "device" claimed is not a particular machine from the memory, and transmit said ­ Benson, Dealertrack message to said second communication · As noted above, retrieving and transmitting a device. message is not patentable - Ultramercial, Ex parte Greene, Perfect Web Techs.

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LACA_2686501.1