DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
1. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. Claims 1-15 of the instant application are rejected on the ground of non-statutory obviousness-type double patenting as being un-patentable over claims 1-80 of Patent No. 8949340. Although the conflicting claims are not identical, they are not patentably distinct from each other because they are directed to the following same subject matter or similar context for the invention as recited below:
Instant Application
12026286 (8949340)
1. A multi-modal computer-implemented method, comprising:
organizing content from a plurality of data sources having information relevant to a channel;
transforming the content into short messages; delivering the short messages to a user who has signed up to receive content via at least one of SMS, MMS, WAP, e-mail, or the Internet, wherein the delivered short messages include additional content;
receiving a response from the user, wherein the response includes a short form command relating to the additional content; transmitting the additional content; and executing a command using the short form command.
1. A computer program product embodied on a non-transitory computer readable medium, comprising: computer code for identifying content from one or more of a plurality of data sources; computer code for transforming the content into one or more messages; computer code for delivering a first message of the one or more messages to a handset for presentation; computer code for managing a message flow based on user responses, the message flow determining a text message based on a user response to a previous message; computer code for receiving a delivery mode selection of at least two delivery modes, the at least two delivery modes including a first delivery mode in which at least a first portion of the content is to be delivered to a user and a second delivery mode in which at least a second portion of the content is to be delivered to the user, at least one of the two delivery modes including a short message service delivery mode involving a short message service; computer code for delivering the at least first portion of the content to the user utilizing the first delivery mode; computer code for delivering the at least second portion of the content to the user utilizing the second delivery mode; computer code for receiving a command sequence including a first constant portion and a second variable portion, utilizing the short message service; computer code for delivering a response to the command sequence utilizing the short message service, the response including response information identified as a function of both the first constant portion and second variable portion of the command sequence; computer code for delivering a content menu utilizing the short message service in the form of a menu short message service message including: a first menu selection option indicating a first menu short form command including a first one or more characters associated with a first content, a second menu selection option indicating a second menu short form command including a second one or more characters associated with a second content, and a third menu selection option indicating a third menu short form command including a third one or more characters associated with a third content; computer code for receiving the first menu short form command associated with the first content; computer code for receiving the second menu short form command associated with the second content; computer code for receiving the third menu short form command associated with the third content; computer code for, in response to the receipt of the first menu short form command associated with the first content, delivering the first content; computer code for, in response to the receipt of the second menu short form command associated with the second content, delivering the second content; and computer code for, in response to the receipt of the third menu short form command associated with the third content, delivering the third content.
Further, the instant claims obviously encompass the claimed invention of U.S. Patent No. 8949340 and differ only in terminology. To the extent that the instant claims are broaden and therefore generic to the claimed invention of U.S. Patent No. 8949340, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a pending application. Nonetheless, the removal of said limitations from claim 1 of the present application made claim 1 a broader version of claim 1. (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim 1 is not patentably distinct from claim 1.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 1-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al (U.S. 7,020,685) and further in view of Deng et al (U.S. 2006/0218234).
4. As per claim 1 Chen disclosed a multi-modal computer-implemented method, comprising: organizing content [The content is then converted to a message compliant with a message requirement of the wireless device.] (col. 2, lines 33-35) from a plurality of networked data sources [These tasks include: establishing a communication session with a proxy server via wireless link 332 and airnet 104; receiving user inputs from keypad 103, sending and receiving SMS messages, and displaying information on the display 102. Hence, memory 304 may represent one or more physical memory devices, which may include any type of Random Access Memory (RAM), Read-Only Memory (ROM) (which may be programmable), flash memory, non-volatile mass storage device, or a combination of such memory devices. Memory 304 is also coupled to WCP interface 328 for the establishment of a communication session and the requesting and receiving of data.] (col. 4, lines 53-67) having information relevant to a channel [SMS allows mobile users to receive critical information. SMS messages are typically sent through a narrowband channel that incurs a very low operating cost to the service providers] (col. 1, lines 61-67);
transforming the content into short messages; delivering the short messages to a user who has signed up to receive content via at least one of SMS, MMS, WAP, e-mail, or the Internet [Web], wherein the delivered short messages include additional content [In the "push" mode, a content application asynchronously (i.e., not in response to any request) sends content to the wireless device, via the proxy server and the SMSC. In that case, the proxy server receives the content from the application in a hypermedia protocol request, translates and transcodes the content as stated above, and provides the content as an SMS message to the SMSC, for transmission to the wireless device.] (col. 3, lines 41-48);
transmitting the additional content [FIG. 7 shows a process that may be performed by the pull engine 210 to translate content received from an application from the content-type used by the application (e.g., WML or HTML) to a content-type that can be used by the SMSC 212 (e.g., text/plain). To facilitate explanation, it is assumed that the application's response is in a mark-up format such as WML or HTML and that the SMSC 212 requires text/plain content.]. (col. 8, lines 61-67);
However, Chen did not disclose in detail receiving a response from the user, wherein the response includes a short form command that is linked to the user’s device via one or more cookies and relates to the additional content and executing a command using the short form command.
In the same field of endeavor Deng disclosed Mobile device 105 may be configured to receive a message, such as through a Short Message Service (SMS), Multimedia Message Service (MMS), and the like, from the other computing device, such as MMG 135, and the like. In one embodiment, the message includes a link, such as a URL, script, executable, program, and the like. Mobile device 105 may be further configured to employ the link to request access to another piece of info, such as from MMG 135, and the like. In one embodiment, the other info is an email WAP page. Multimedia, and virtually any other content type, and the like, may be accessible through the included URL, script, executable, program, and the like. For example, the content may include, but not be limited to, a document that contains multiple audio files, video files, graphics files and the like. (Paragraph. 0033) and furthermore Deng disclosed Processing next continues to block 310 as in one embodiment, where server identifies the unique MSG ID (sent as part of the link contained in the notification message) from the HTTP request to retrieve the email WAP page and/or its attachments. The email WAP page and/or MIME attachments are loaded into memory. The processing then flows to processing block 312, where the server converts the MIME attachments to formats supported by the requesting mobile device. It may further format and optimize the display of the email WAP page according to the specified mobile device (Paragraph. 0066).
It would have been obvious to one having ordinary skill in the art at the time of the filing was made to have incorporated Mobile device 105 may be configured to receive a message, such as through a Short Message Service (SMS), Multimedia Message Service (MMS), and the like, from the other computing device, such as MMG 135, and the like. In one embodiment, the message includes a link, such as a URL, script, executable, program, and the like. Mobile device 105 may be further configured to employ the link to request access to another piece of info, such as from MMG 135, and the like. In one embodiment, the other info is an email WAP page. Multimedia, and virtually any other content type, and the like, may be accessible through the included URL, script, executable, program, and the like. For example, the content may include, but not be limited to, a document that contains multiple audio files, video files, graphics files and the like. Furthermore Processing next continues to block 310 as in one embodiment, where server identifies the unique MSG ID (sent as part of the link contained in the notification message) from the HTTP request to retrieve the email WAP page and/or its attachments. The email WAP page and/or MIME attachments are loaded into memory. The processing then flows to processing block 312, where the server converts the MIME attachments to formats supported by the requesting mobile device. It may further format and optimize the display of the email WAP page according to the specified mobile device as taught by Deng in the method and system of Chen to increase the efficiency of storing small files on the user device of the content with SMS command.
5. As per claim 2 Deng-Chen disclosed further comprising, approving the content of the message prior to transmitting the messages (Chen, col. 7, lines 8-13).
6. As per claim 3 Deng-Chen disclosed wherein the plurality of networked data sources is a feed (Chen, col. 5, lines 32-46).
7. As per claim 4 Deng-Chen disclosed wherein the plurality of networked data sources is an author (Chen, lines 48-56).
8. As per claim 5 Deng-Chen disclosed wherein transforming comprises at least one of compression, case correction, handset display size correction, and handset aspect ratio correction (Chen, Col. 8, lines 56-67).
9. As per claim 6 Deng-Chen disclosed wherein transforming comprises adding tone to content received from a feed (Chen, col. 5, lines 32-46).
10. As per claim 7 Deng-Chen disclosed wherein transforming comprises adding bias to content received from a feed (Chen, col. 5, lines 32-46).
11. As per claim 8 Deng-Chen disclosed wherein transforming comprises adding style to content received from a feed (Chen, col. 5, lines 32-46).
12. As per claim 9 Deng-Chen disclosed wherein the short messages relate to at least one of content delivery, user acquisition, subscription, billing, and profile management (Deng, Paragraph. 0024). Claim 9 has the same motivation as to claim 1.
13. As per claim 10 Deng-Chen disclosed wherein the short form command is a message flow template (Deng, Paragraph. 0024). Claim 10 has the same motivation as to claim 1.
14. As per claim 11 Deng-Chen disclosed wherein the additional content is an advertisement (Deng, Paragraph. 0066). Claim 11 has the same motivation as to claim 1.
15. As per claim 12 Deng-Chen disclosed wherein associating the advertisement with the short messages is done contextually (Deng, Paragraph. 0066). Claim 12 has the same motivation as to claim 1.
16. As per claim 13 Deng-Chen disclosed wherein the short form command is at least one of a number, a letter, a short word, a code, or a combination of a letter and a number (Chen, col. 9, lines 60-67).
17. As per claim 14 Deng-Chen disclosed wherein the short form command is unique to at least one of an individual user, a set of users with similar subscription profiles, a channel, or each channel to which a user is subscribed (Deng, Paragraph. 0024). The claim 14 has the same motivation as to claim 1.
18. As per claim 15 Deng-Chen disclosed wherein the content relates to at least one of weather, advertising, news, sports, entertainment, lifestyle, culture, community, user-generated content, or social networking (Chen, col. 10, lines 37-47).
Response to Arguments
19. Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/ADNAN M MIRZA/Primary Examiner, Art Unit 3667