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 .
Response to Arguments
Applicant's arguments filed 08/07/2026 with respect to the 112(a) rejection have been fully considered but they are not persuasive. Applicant argues that para 0018, 0056 and figure 12A, 12B demonstrate that applicant had possession of the claimed invention that the notification that no session is available comprises an advertisement. However, It is unreasonable to combine the featured associated with the establishment of a session with the features associated with an unsuccessful establishment of a session. Further, the language of claims 0018 and 0059 stating that the disclosure includes any combination of features disclosed, is not sufficient proof that applicant had possession of the claimed invention “generating a notification on the second electronic device that no additional session is available, wherein the notification comprises an advertisement” at the time of filing. For at least the foregoing reasons claims 1-20 stand rejected under 112(a).
Applicant’s arguments, see remarks, filed 08/07/2026, with respect to the 103 rejections have been fully considered and are persuasive. The 103 rejections have been withdrawn.
The combination of showing an advertisement in conjunction with a notification that a session is not available is not disclosed or taught by the present prior art of record.
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.
Claims 1-20 are 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.
Claims 1, 8, and 16 were amended to claim that the notification that no session is available comprises an advertisement. This limitation is considered new matter as neither the specification nor the drawings disclose that the notification that no session is available comprises an advertisement. There is support for ads in an established session (1206 figure 12B, para 0056) but this does not support that the notification that no session is available comprises an advertisement. The language of claims 0018 and 0059 stating that the disclosure includes any combination of features disclosed, is not sufficient proof that applicant had possession of the claimed invention “generating a notification on the second electronic device that no additional session is available, wherein the notification comprises an advertisement” at the time of filing.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
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