DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/04/2025 has been entered.
Response to Amendment
The Amendment filed 09/04/2025 has been entered. Newly added claim 65 is pending in the application.
The amendment filed 09/04/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
“the corresponding notification includes an estimated elapsed time for bringing geographically together the second user and the at least second geographical location” in claim 65. In the specification, there is no information support the limitation “the corresponding notification includes an estimated elapsed time for bringing geographically together the second user and the at least second geographical location”. The closest disclosure is “a user may be provided with periodic information regarding another user's or object's status, e.g., user/object's geographic location, the temperature of the user/object, a movement of the user/object, a configuration of user/object35 (e.g., computer network configuration), etc.” (see specification page 87 or publication US 2020/0333426 paragraph [0497] lines 5-10 from bottom), which could support the limitation “the second user and the at least second geographical location”, but not “the corresponding notification includes an estimated elapsed time for bringing geographically together the second user and the at least second geographical location”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 65 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The following claimed language is not defined in the applicant’s specification:
“the corresponding notification includes an estimated elapsed time for bringing geographically together the second user and the at least second geographical location” in claim 65 lines 1-3.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 65 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 65 recites the limitations: 1) "The method of Claim 65" in line 1. It is indefinite because it is not clear which claim the claim 65 depends on. 2) “the second user” in line 2. There is insufficient antecedent basis for this limitation in the claim because “second user” is not defined or mentioned. 3) “the at least second geographical location” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim because “at least second geographical location” is not defined or mentioned. Appropriate clarifications are required.
Allowable Subject Matter
Claims 61-64 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claims 61-64 are allowable over the prior art of record due to the amendment of 09/04/2025.
The closest prior art of record is represented by Hall et al. (US 6,026,375, hereafter Hall), Blackhurst et al. (US 2011/0191184, hereafter Blackhurst), Cameron et al. (US5,592,378, hereafter Cameron), DeLOrme et al. (US5,948,040, hereafter DeLOrme), and Dupray (US 2007/0287473, hereafter Dupray).
Regarding independent claim 61, same as detailed in the “Notice of Allowance” Office Action filed 06/04/2025, Hall (‘375), Blackhurst (‘184), Cameron (‘378), DeLOrme (‘040), and Dupray (‘473), either alone or in combination, do not disclose (see words with underlines)
wherein while the association is in effect, no notification for the instance is provided to another user having one of mobile units;
wherein the electronically providing includes preferring the user, over another user having another one of the mobile units, for the instance, the preferring dependent on data indicative of one or more inputs, or lack thereof, by the user;
wherein the data is used as corresponding responses to each of one or more communications to the user for determining whether the user intends to proceed to a location for a previous instance of the product or service where a previous association for the previous instance and the user was provided by a previous performance of the electronically providing;
In that each of dependent claims 62-64 depends ultimately from allowable, independent claim 61, each of dependent claims 62-64 is allowable for, at least, the reasons for which independent claim 61 is allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONGHONG LI whose telephone number is (571)272-5946. The examiner can normally be reached 8:30am - 5:00pm.
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/YONGHONG LI/Examiner, Art Unit 3648