DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 9, 16 and 26-32 are pending in this Office Action.
Response to Arguments
Applicant’s arguments filed in the amendment filed 08/05/2025, have been fully considered but they are moot in view of new grounds of rejections. The reasons set forth below.
Drawings
The formal drawings received on 12/01/2020 have been entered.
Claim Rejections - 35 USC § 112
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.
Claims 9 and 26-29 are 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 limitation “Claim 9. … a mapping module that receives an input geographic location and time input from a computer device of a user, the mapping module accesses a datastore of digital messages on a non-transitory computer readable media having an associated geographic location or area and expiration or duration; and a messaging platform including software to provide one or more of the digital messages to the computer device of the user where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, the messaging platform further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages. Claim 26. … wherein the mapping module receives an input digital message and associated geographic location or area from another computer device and stores the input digital message and the associated geographic location or area in the datastore. Claim 27. … wherein the messaging platform receives an input confirmation that the one or more of the digital messages have been accessed or viewed from the computer device and provides confirmation to another computer device of receipt of the input confirmation that the one or more of the digital messages have been accessed or viewed. Claim 28. … the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages.” of claims 9 and 26-28 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is insufficient disclosure of the corresponding structure, material, or acts for performing the entire claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Independent Claim(s):
Step 1: Statutory Category. Claim(s) 9, 16 and 26-32 is/are directed to statutory category of subject matter. The claim(s) does/do fall within at least one of the four categories of patent eligible subject matter because the claim(s) is/are directed to either a process, machine, manufacture, or composition of matter.
Step 2A: Prong One. Judicial Exception. Claim(s) 9, 16 and 26-32 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) are directed to abstract idea of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, as explained in detail below. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea.
The independent claim(s) recites, in part, a location-based digital communication application comprising: a mapping module that receives an input geographic location and time input from a computer device of a user, the mapping module accesses a datastore of digital messages on a non-transitory computer readable media having an associated geographic location or area and expiration or duration; and a messaging platform including software to provide one or more of the digital messages to the computer device of the user where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, the messaging platform further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages. These steps describe the concept of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, which corresponds to concepts identified as abstract ideas by the courts, such as Tailoring content based on information about the user (Int. Ventures v. Cap One Bank ‘382 patent). All of these concepts relate to “Certain Methods of Organizing Human Activity” in which “Concepts relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity.” The concept described in the claim(s) is/are not meaningfully different than “Certain Methods of Organizing Human Activity.” As such, the description in the claim(s) of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages is an abstract idea. Enfish, LLC v. Microsoft Corp. 822 F.3d 1327, 1335-36 (Fed. Cir. 2016) (“[T]he first step in the Alice inquiry in this case asks whether the focus of the claims [was] on the specific asserted improvement in computer capabilities … or, instead, on a process that qualifies as an ‘abstract idea’ for which computers are invoked merely as a tool.”) No such evidence exists on this record. Unlike Enfish, where the claims were focused on a specific improvement in how the computer functioned, the claim here merely uses the computer as a tool to perform the abstract concepts, and the claims are not rooted in technology and simply employs conventional techniques used by humans for providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages. The claim here is not similar to claimed patent’s innovative logical model for a computer database (p. 2-3), nor does the claim here have similar specific asserted improvement in computer capabilities (p. 7) as in the Enfish patent. Rather here, the claim is directed to automating the human behavior or task. (See Enfish Memo and Enfish v. Microsoft, May 2016). In addition, simply limiting the invention to a technological environment does “not make an abstract concept any less abstract under step one.” Intellectual Ventures I, 850 F.3d at 1340. Therefore, based on the similarity of the concept described in this claim to abstract ideas identified by the courts in the claim is directed to an abstract idea. For these reasons, afford are ineligible.
Step 2A: Prong Two. Practical Application. Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g). Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Step 2B: Additional Elements Significantly More Then the Judicial Exception. The independent claim(s) do/does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The claim recites the additional limitations of a “mapping module” that receives an input geographic location and time input from a “computer device” of a user, the mapping module accesses a “datastore” of “digital messages” on a “non-transitory computer readable media” having an associated geographic location or area and expiration or duration; and a “messaging platform including software” to provide one or more of the digital messages to the computer device of the user where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, the messaging platform further providing a “digital geographic map” encompassing the input geographic location including a plurality of “icons” for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages. The “mapping module,” “computer device,” “datastore,” “digital messages,” “non-transitory computer readable media,” and “messaging platform including software” are recited at a high level of generality and are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. Next, “receiving an input geographic location and time input, accessing digital messages having an associated geographic location or area and expiration or duration, and providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, and further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages” is stated at a high level of generality without tying it to an algorithm that would improve the functionality of the technology and its broadest reasonable interpretation comprises only providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages through the use of some unspecified generic computers. The use of generic computer components for providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages through an unspecified generic computers does not impose any meaningful limit on the computer implementation of the abstract idea. These independent claims include insignificant pre-solution limitation(s) and post-solution limitation(s) [A location-based electronic communication application comprising: a mapping module that receives an input geographic location and time input from a computer device of a user, the mapping module accesses a datastore of digital messages on a non-transitory computer readable media having an associated geographic location or area and expiration or duration; and a messaging platform including software to provide …, the messaging platform further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the message] that do not transform the patent-ineligible concept of an abstract idea to a patent-eligible concept even if they are performed using general purpose computer, as these pre-solution limitation(s) and post-solution limitation(s) add insignificant extrasolution activity to the judicial exception. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Additionally, adding the words ‘‘apply it’’ (or an equivalent) with the judicial exception (i.e., applying the judicial exception to the electronic communication systems), or mere instructions to implement an abstract idea on a computer or generally linking the use of the judicial exception to a particular technological environment or field of use (i.e., the electronic communication systems) is also found to not be enough to qualify as significantly more.
Dependent Claim(s):
Step 1: Statutory Category. Claim(s) 26-32 is/are directed to statutory category of subject matter. The claim(s) does/do fall within at least one of the four categories of patent eligible subject matter because the claim(s) is/are directed to either a process, machine, manufacture, or composition of matter.
Step 2A: Judicial Exception. Claim(s) 26-32 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) are directed to abstract idea of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities, as explained in detail below. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea.
The dependent claim(s) recites, in part, Claim 26. The application of claim 9 wherein the mapping module receives an input digital message and associated geographic location or area from another computer device and stores the input digital message and the associated geographic location or area in the datastore. Claims 27, 31. The application of claim 9 wherein the messaging platform receives an input confirmation that the one or more of the digital messages have been accessed or viewed from the computer device and provides confirmation to another computer device of receipt of the input confirmation that the one or more of the digital messages have been accessed or viewed. Claims 28, 32. The application of claim 9 wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages and the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages. Claim 29. The application of claim 9 wherein the associated geographic location or area and expiration or duration are access control parameters received from another computer device for the digital messages to control access to the digital messages when the input geographic location is located in the geographic location or area associated with the digital messages and the time input is within the expiration or duration of the digital messages. Claim 30. The method of claim 16 and comprising the step of receiving an input message and the associated geographic location or area for the input message and the message duration or expiration from another computer device and storing the input message and the associated geographic location or area and the message duration and expiration in the database. These steps describe the concept of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities, which corresponds to concepts identified as abstract ideas by the courts, such as Tailoring content based on information about the user (Int. Ventures v. Cap One Bank ‘382 patent). All of these concepts relate to “Certain Methods of Organizing Human Activity” in which “Concepts relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity.” The concept described in the claim(s) is/are not meaningfully different than “Certain Methods of Organizing Human Activity.” As such, the description in the claim(s) of providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities, is an abstract idea. Enfish, LLC v. Microsoft Corp. 822 F.3d 1327, 1335-36 (Fed. Cir. 2016) (“[T]he first step in the Alice inquiry in this case asks whether the focus of the claims [was] on the specific asserted improvement in computer capabilities … or, instead, on a process that qualifies as an ‘abstract idea’ for which computers are invoked merely as a tool.”) No such evidence exists on this record. Unlike Enfish, where the claims were focused on a specific improvement in how the computer functioned, the claim here merely uses the computer as a tool to perform the abstract concepts, and the claims are not rooted in technology and simply employs conventional techniques used by humans for providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities. The claim here is not similar to claimed patent’s innovative logical model for a computer database (p. 2-3), nor does the claim here have similar specific asserted improvement in computer capabilities (p. 7) as in the Enfish patent. Rather here, the claim is directed to automating the human behavior or task. (See Enfish Memo and Enfish v. Microsoft, May 2016). In addition, simply limiting the invention to a technological environment does “not make an abstract concept any less abstract under step one.” Intellectual Ventures I, 850 F.3d at 1340. Therefore, based on the similarity of the concept described in this claim to abstract ideas identified by the courts in the claim is directed to an abstract idea. For these reasons, afford are ineligible.
Step 2B: Additional Elements Significantly More Then the Judicial Exception. The dependent claim(s) do/does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The claim recites the additional limitations of: Claim 26. The application of claim 9 wherein the mapping module receives an input digital message and associated geographic location or area from another computer device and stores the input digital message and the associated geographic location or area in the datastore. Claims 27, 31. The application of claim 9 wherein the messaging platform receives an input confirmation that the one or more of the digital messages have been accessed or viewed from the computer device and provides confirmation to another computer device of receipt of the input confirmation that the one or more of the digital messages have been accessed or viewed. Claims 28, 32. The application of claim 9 wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages and the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages. Claim 29. The application of claim 9 wherein the associated geographic location or area and expiration or duration are access control parameters received from another computer device for the digital messages to control access to the digital messages when the input geographic location is located in the geographic location or area associated with the digital messages and the time input is within the expiration or duration of the digital messages. Claim 30. The method of claim 16 and comprising the step of receiving an input message and the associated geographic location or area for the input message and the message duration or expiration from another computer device and storing the input message and the associated geographic location or area and the message duration and expiration in the database. The “mapping module,” “computer device,” “datastore,” “digital messages,” “non-transitory computer readable media,” and “messaging platform including software” are recited at a high level of generality and are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. Next, “receiving an input geographic location and time input, accessing digital messages having an associated geographic location or area and expiration or duration, and providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, and further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages, without any significant extrasolution activities,” is stated at a high level of generality without tying it to an algorithm that would improve the functionality of the technology and its broadest reasonable interpretation comprises only providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities through the use of some unspecified generic computers. The use of generic computer components for providing one or more of the digital messages where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages, without any significant extrasolution activities through an unspecified generic computers does not impose any meaningful limit on the computer implementation of the abstract idea. These dependent claims include insignificant pre-solution limitation(s) and post-solution limitation(s) [Claim 26. The application of claim 9 wherein the mapping module receives an input digital message and associated geographic location or area from another computer device and stores the input digital message and the associated geographic location or area in the datastore. Claims 27, 31. The application of claim 9 wherein the messaging platform receives an input confirmation that the one or more of the digital messages have been accessed or viewed from the computer device and provides confirmation to another computer device of receipt of the input confirmation that the one or more of the digital messages have been accessed or viewed. Claims 28, 32. The application of claim 9 wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages and the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages. Claim 29. The application of claim 9 wherein the associated geographic location or area and expiration or duration are access control parameters received from another computer device for the digital messages to control access to the digital messages when the input geographic location is located in the geographic location or area associated with the digital messages and the time input is within the expiration or duration of the digital messages. Claim 30. The method of claim 16 and comprising the step of receiving an input message and the associated geographic location or area for the input message and the message duration or expiration from another computer device and storing the input message and the associated geographic location or area and the message duration and expiration in the database.] that do not transform the patent-ineligible concept of an abstract idea to a patent-eligible concept even if they are performed using general purpose computer, as these pre-solution limitation(s) and post-solution limitation(s) add insignificant extrasolution activity to the judicial exception. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Additionally, adding the words ‘‘apply it’’ (or an equivalent) with the judicial exception (i.e., applying the judicial exception to the electronic communication systems), or mere instructions to implement an abstract idea on a computer or generally linking the use of the judicial exception to a particular technological environment or field of use (i.e., the electronic communication systems) is also found to not be enough to qualify as significantly more.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 16/035,119, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application (Application No. 17/108,413).
Claims 9 and 16 recite “a mapping module that receives an input geographic location and time input from a computer device of a user, the mapping module accesses a datastore of digital messages on a non-transitory computer readable media having an associated geographic location or area and expiration or duration.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claims 9 and 16 recite “a messaging platform including software to provide one or more of the digital messages to the computer device of the user where the associated geographic location or area of the one or more messages matches the input geographic location and where the time input is within the expiration or duration of the messages.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claim 26 recites “wherein the mapping module receives an input digital message and associated geographic location or area from another computer device and stores the input digital message and the associated geographic location or area in the datastore.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claims 27 and 31 recite “wherein the messaging platform receives an input confirmation that the one or more of the digital messages have been accessed or viewed from the computer device and provides confirmation to another computer device of receipt of the input confirmation that the one or more of the digital messages have been accessed or viewed.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claims 28 and 32 recite “wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages and the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claim 29 recites “wherein the associated geographic location or area and expiration or duration are access control parameters received from another computer device for the digital messages to control access to the digital messages when the input geographic location is located in the geographic location or area associated with the digital messages and the time input is within the expiration or duration of the digital messages.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claim 30 recites “the step of receiving an input message and the associated geographic location or area for the input message and the message duration or expiration from another computer device and storing the input message and the associated geographic location or area and the message duration and expiration in the database.” The instant application is a continuation of Application No. 16/035,119. The support for the aforementioned limitation is provided by neither the specification nor the originally filed claims of the parent application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 9, 16, 26, 29, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeLuca (US 20190098443) in view of Chein (US 20190129593).
16, 9. DeLuca teaches:
A location-based digital communication method comprising the steps of: – in paragraphs [0020]-[0108] (A computer system of the present invention comprises one or more processors, one or more memories, and one or more computer readable hardware storage devices, said one or more hardware storage devices containing program code executable by the one or more processors via the one or more memories to implement the methods of the present invention. The geofence management system 201 may compare the location data with the established geofences, collect relevant data about each client device 101 or the device's user entering, exiting or dwelling within the established geofences and deliver a payload (such as a push notification) to the client devices 101 meeting the transitioning conditions of the geofence prior to the expiration date and time designated by the geofence's parameters.)
receiving time and geographic location inputs from a computer device of a user and – in paragraphs [0020]-[0089] (In step 1203 the client device 101 may periodically retrieve the location data from the location module 105 and the client device may store the location data to the memory device 115, database 113 or network repository 123. The location data retrieved from the location module 105 may be transmitted to the geofence management system 201. Based on the location data of the client device 101, the client device 101 may, in step 1205, query a list of all active geofence that may be nearby and managed by the geofence management system 201. In step 1209, the analytics module 119 may further estimate the arrival time of the client device 101 using the system clock module 122 and compare the arrival time with the geofence expiration date and time. In step 1211, a determination may be made by the geofence system 100 whether the amount of traveling time to the geofence will be greater than the expiration time of the geofence; if the amount of time to travel to the boundary of the geofence will be greater than the expiration time (i.e. the arrival of the client device will occur after the geofence expires), the algorithm may proceed to step 1213, wherein the client device 101 does not retrieve or download the geofence from the geofence management system 201. Conversely, if in step 1211, of the algorithm 1200, the analytics module 110 determines that the traveling time required to move to the location of the geofence would be less than the expiration time of the geofence (i.e. the client device will arrive boundary of the geofence before expiration thereof), the algorithm may proceed to step 1215, wherein the client device retrieves the geofence from the geofence management system 201.)
utilizing the time and geographic location inputs to access messages in a database having an associated geographic location or area and message duration or expiration; and – in paragraphs [0020]-[0089] (As shown in FIG. 5, geofence 505 is scheduled to expire at 3:00 pm, in FIG. 9, the current time is 2:50 PM and the current location of the client device is location 705. The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date. The created geofence may be saved and stored to a computer storage device such as memory device 115 of the geofence management system 201, a database 213 or a network accessible repository 123.)
using the geographic location and time inputs from the computer device of a user to provide one or more messages to the computer device of a user – in paragraphs [0020]-[0089] (The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date.)
where the input geographic location matches the associated geographic location or area of the one or more messages and the time input is within the duration or expiration associated with the one or more messages, and – in paragraphs [0020]-[0089] (The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date.)
further providing a digital geographic map encompassing the input geographic location including a plurality of icons for the one or more messages – in paragraphs [0020]-[0089] (Each geofence created may be mapped to a mapping interface 501 generated by the mapping module 111. As shown in FIG. 8, a plurality of geofences 505, 601, 701 may be created and plotted to a mapping interface 501 simultaneously. As shown in FIG. 5-7, each of the geofences 505, 601, 701 may be created to display payload to users that enter, exit or dwell within the geofences.)
where the associated geographic location or area is within a geographic area of the digital geographic map and the time input is within the expiration or duration of the messages. – in paragraphs [0020]-[0089] (Each geofence created may be mapped to a mapping interface 501 generated by the mapping module 111. As shown in FIG. 8, a plurality of geofences 505, 601, 701 may be created and plotted to a mapping interface 501 simultaneously. As shown in FIG. 5-7, each of the geofences 505, 601, 701 may be created to display payload to users that enter, exit or dwell within the geofences.)
DeLuca does not explicitly teach:
receiving inputs from a computer device of a user.
However, Chein teaches:
receiving inputs from a computer device of a user and – in paragraphs [0017]-[0065] (The user device sends data to the server including the token or digital certificate along with the new user information (e.g., user ID, location, data and time of possession), the server updates the database with the new user information.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify DeLuca with Chein to include receiving inputs from a computer device of a user, as taught by Chein, in paragraphs [0004]-[0017], to enable users to interact with virtual reality environments and augmented reality environments.
29. The application of claim 9 – refer to the indicated claim for reference(s).
DeLuca teaches:
wherein the associated geographic location or area and expiration or duration are access control parameters received from another computer device for the digital messages to control access to the digital messages when the input geographic location is located in the geographic location or area associated with the digital messages and the time input is within the expiration or duration of the digital messages. – in paragraphs [0020]-[0089] (During the creation process of the geofence 505, the user may select one or more parameters to define the geofence. The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date.)
30, 26. The method of claim 16 and – refer to the indicated claim for reference(s).
DeLuca teaches:
comprising the step of receiving an input message and the associated geographic location or area for the input message and the message duration or expiration from another computer device and – in paragraphs [0020]-[0089] (During the creation process of the geofence 505, the user may select one or more parameters to define the geofence. The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date.)
storing the input message and the associated geographic location or area and the message duration and expiration in the database. – in paragraphs [0020]-[0089] (The created geofence may be saved and stored to a computer storage device such as memory device 115 of the geofence management system 201, a database 213 or a network accessible repository 123. The user may identify the geofence by the name, enter a location (i.e. longitude and latitude of the geofence 505), a size of the geofence (i.e. radius, diameter, etc.) a start date and time, expiration date and time and a geofence payload, in this example the payload may be a message that is displayed by display device 114 of the client device 101 if the client device 101 meets all the requirements for receiving the geofence message of the geofence 505, including entering, exiting or dwelling within the geofence 505 between the start date and expiration date.))
Claim(s) 27, 28, 31, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeLuca (US 20190098443) in view of Chein (US 20190129593), and further in view of Goldberg (US 20140344369).
31, 27. The method of claim 16 and – refer to the indicated claim for reference(s).
Combination of DeLuca and Chein does not explicitly teach:
further comprising receiving an input notification that the one or more messages have been accessed or viewed from the computer device and providing an accessed or viewed message notification to another computer device in response to the input notification that the one or more messages have been accessed or viewed.
However, Goldberg teaches:
further comprising receiving an input notification that the one or more messages have been accessed or viewed from the computer device and – in paragraphs [0020]-[0068] (In block 325, the email server receives one or more notifications of the email being read by a recipient.)
providing an accessed or viewed message notification to another computer device in response to the input notification that the one or more messages have been accessed or viewed. – in paragraphs [0020]-[0068] (In block 335, the email server sends a read receipt to the sender and to each user on the read receipt distribution list.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify DeLuca and Chein with Goldberg to include further comprising receiving an input notification that the one or more messages have been accessed or viewed from the computer device and providing an accessed or viewed message notification to another computer device in response to the input notification that the one or more messages have been accessed or viewed, as taught by Goldberg, in paragraphs [0001]-[0021], to provide message tracking mechanisms that alleviate some of the uncertainty surrounding various aspects of messages such as delivery and receipt by providing senders with status information for sent messages.
28, 32. The application of claim 9 – refer to the indicated claim for reference(s).
DeLuca teaches:
the messaging platform utilizing the one or more recipients or group of recipients associated with the digital messages to provide the digital messages to the one or more recipients or group of recipients when the input geographic location matches the associated geographic location or area and the time input is within the expiration or duration of the messages. – in paragraphs [0020]-[0089] (Each geofence created may be mapped to a mapping interface 501 generated by the mapping module 111. As shown in FIG. 8, a plurality of geofences 505, 601, 701 may be created and plotted to a mapping interface 501 simultaneously. As shown in FIG. 5-7, each of the geofences 505, 601, 701 may be created to display payload to users that enter, exit or dwell within the geofences.)
Combination of DeLuca and Chein does not explicitly teach:
wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages.
However, Goldberg teaches:
wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages and – in paragraphs [0020]-[0068] (Each of users A, B, and C is a recipient in that each of users A, B, and C, through his or her respective client system in cooperation with email server 105, can receive one or more emails such as email 135. In operation, client system 110 creates email 135. Email 135 specifies users A, B, and C as recipients.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify DeLuca and Chein with Goldberg to include wherein the datastore of digital messages includes one or more recipients or group of recipients associated with the digital messages, as taught by Goldberg, in paragraphs [0001]-[0021], to provide message tracking mechanisms that alleviate some of the uncertainty surrounding various aspects of messages such as delivery and receipt by providing senders with status information for sent messages.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD RAZA whose telephone number is (571)272-7734. The examiner can normally be reached Monday-Friday, 7:00 A.M.-5:00 P.M..
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/MUHAMMAD RAZA/Primary Examiner, Art Unit 2449