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 .
DETAILED ACTION
Status of the Application
The following is a Non-Final Office Action in response to communication received on 7/28/2023. Claims 1-20 have been examined in this application. This is the first action on the merits. As of the date of this communication no Information Disclosure Statement (IDS) has been filed on behalf of this case.
Subject Matter Overcoming the Prior art of Record
As shown in the office action below, the Examiner has not applied a prior art rejection to claims 1-10 and 17-20. The Examiner has applied a prior art rejection to the claims 11-16.
All of the elements of the claimed invention independent claims are found in the prior art. Specifically:
-Vogler et al. (United States Patent Application Publication Number: US 2020/0349623) teaches an online brokering system of connecting service providers with adults like the elderly needing services (see abstract and paragraph 0033). Further Vogler et al. teaches the accounts of the elderly may be managed by another person like a family member (see paragraph 0033), where there may be preferred providers (see paragraph 0045), and results of providers for services may be based on preferred providers and location (see paragraphs 0039-0040 and 0045). If no preferred providers are available a non-preferred provider may be provided (see paragraph 0041 and 0045, note example of providing information based on different groups). Vogler et al. does not teach the specific permissions of allowing another user (TGM) to manage an account based on requests and acceptance of the request, the specific permissions of allowing another user (PPA) to be associated with an account based on requests and acceptance of the request, availability of a user based on a user’s acceptance into a trust group, audio visual connections between a requester and provider, simulateantously providing requests to accept hiring or jobs, and providing unique identifiers to link accounts.
However,
- Nagaraja et al. (United States Patent Application Publication Number: US 2020/0244605) which is in the art of providing message based services to requesting users (see abstract) teaches audio visual connections between a requester and provider in at least paragraphs 0059, 0062, 0080, and 0120.
-Ebay Export Internet Archive Way Back Machine Capture Date of 10/26/2021 teaches multi user account access where you can provide a link to entrust another with your account and then after they accept they can access your account and perform operations on your behalf (see pages 2-4)
- Kramer et al. (United States Patent Application Publication Number: US 2013/0137464) teaches in paragraph 0721 social network may allow members to send each other friend requests and accept received friend requests, thereby becoming social network friends. This is one example of a trust group on the Internet.
- Hu et al. (United States Patent Application Publication Number: US 2005/0120084) paragraph 0040 teaches a user sends a request, accepts the user request and is allowed to add to corresponding user to the address book
- Avats (United States Patent Application Publication Number: US 2016/0275439) teaches providing a subscriber with the ability to provide to their availability to other users and accept new employment opportunities (see paragraph 0263)
-DiMarco (United States Patent Application Publication Number: US 2006/0116894) which is in the art of a third party or intermediary that connects buyers and sellers of talent teaches simulateantously sending out requests to the different users to accept (see abstract)
- Bailey et al. (United States Patent Application Publication Number: US 2008/0134295) teaches using unique identifiers to different link accounts together (see paragraph 0017)
While all the elements of the independent claims are known in different references as shown above there is insufficient evidence of record that one of ordinary skill in the art would have been motivated to combine the references to result in the claimed combination of elements in the independent claims without improper hindsight. Therefore the claims have not been rejected under the prior art.
Information Disclosure Statement
It is noted that Applicant filed several foreign references in the file wrapper dated 7/28/2023 however filed no corresponding Information Disclosure Statement (IDS). Therefore the references have not been considered unless referenced on the PTO form 892 Notice of References Cited attached to this office action. See MPEP 609.04 for how to submit a compliant IDS and have accordingly have the references considered by the Examiner of record.
Claim Objections
Claim 5 is objected to because of the following informalities: Applicant recites receiving a fifth request to connect the third computing device the at least one fourth computing device and the third computing device. There appears to be a word missing between “device” and “the” in the claim. Based on Applicant’s claim 4 and the other limitations in the claim Examiner will interpret the claim as follows for the purposes of this examination: receiving a fifth request to connect the third computing device to the at least one fourth computing device and the third computing device. Appropriate correction is required.
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-10 recite a process as the claims recite a method. Claims 11-16 recite a process as the claims recite a method. Claims 17-20 recite a process as the claims recite a method.
The claim(s) 1-20 recite(s) the idea of an intermediary or broker connecting people who need services with people who can provide those services based on constraints like location and availability, where the intermediary is implemented based on permissions like providing requests and receiving acceptance of requests for users to be connected in a group and for one user to manage another users account.
The claims, that recite the idea of an intermediary or broker connecting people who need services with people who can provide those services based on constraints like location and availability, where the intermediary is implemented based on permissions like providing requests and receiving acceptance of requests for users to be connected in a group and for one user to manage another users account, recite observations, evaluations, judgements, and opinions that can be performed in the human mind or with the aid of pen and paper, accordingly the claims recite a mental process.
The claims, that recite the idea of an intermediary or broker connecting people who need services with people who can provide those services based on constraints like location and availability, where the intermediary is implemented based on permissions like providing requests and receiving acceptance of requests for users to be connected in a group and for one user to manage another users account, recite activities a human or humans can perform. Specifically the claims recite subject matter relating to commercial or legal interactions including business relations. Accordingly the claims recite a certain method of organizing human activity.
Mental processes and certain methods of organizing human activity are in the groupings of enumerated abstracts ideas, and hence the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because the claims merely recite limitations that are not indicative of integration into a practical application in that the claims merely recite:
(1) 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)) and (2) Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Specifically as recited in the claims:
Examiner notes that the Examiner has bolded and underlined the additional elements beyond the abstract idea for distinction. Limitations that are not bolded and underlined are considered part of the abstract idea.
1. A computer implemented method, executable on at least one processor of a first computing device, for generating personalized responsive assistance for a person needing assistance (PNA) by a set of persons providing assistance (PPA) who are personally known by the person needing assistance, wherein the computer implemented method comprises:
a. receiving, with a transceiver of the first computing device, over a communications network, a first message comprising PNA contact data for a PNA user and a trust group manager (TGM) contact data of a TGM user;
b. generating a PNA user record for the PNA user and storing, in a connected database, the PNA contact data;
c. sending, over the communications network, to a third computing device associated with the TGM user, a second message comprising a first request for an approval to associate the third computing device of the TGM user with a second computing device of the PNA user;
d. receiving, over the communications network, from the third computing device, a third message comprising the approval of the first request to associate the third computing device of the TGM user with the second computing device of the PNA user;
e. after receiving to the third message, associating the third computing device of the TGM user with the second computing device of the PNA user and storing, in the connected database, a unique identifier indicating an association between the second computing device and the third computing device;
f. receiving, from the third computing device of the TGM user, a fourth message comprising PPA data for at least one PPA user, wherein the PPA data comprises contact information for the at least one PPA user;
g. sending, over the communications network to at least one fourth computing device of the at least one PPA user, a fifth message comprising an invite to join a trust group associated with the PNA user record;
h. receiving a sixth message from the at least one fourth computing device in response to the invite to join the trust group, wherein the sixth message comprises an acceptance of the invite to join the trust group and at least one PPA availability profile;
i. storing the at least one PPA availability profile in the PNA user record for each PPA user that accepted the invite to join the trust group;
j. receiving, with the transceiver, from the second computing device, a seventh message comprising a second request to cause an audio-visual connection between the second computing device with the at least one fourth computing device of the at least one PPA user;
k. determining, based on the at least one PPA availability profile, a predetermined order in which to attempt to cause the audio-visual connection between the second computing device and the at least one fourth computing device of the at least one PPA user;
l.sending in the predetermined order, over the communications network to the at least one fourth computing device, an eighth message, wherein the eighth message comprises a third request to connect the at least one fourth computing device with the second computing device;
and m. causing the audio-visual connection between the second computing device and an available computing device of the at least one fourth computing device.
2. The computer implemented method of claim 1
wherein the predetermined order for causing the audio-visual connection between the second computing device and the at least one fourth computing device of the at least one PPA user comprises:
a. a first subset group;
b. at least one second subset group;
and c. wherein the computer implemented method further comprises,
i. attempting to establish the audio-visual connection with the at least one fourth computing device in the first subset group by simultaneously sending the third request to connect to a first subset of fourth computing devices of the at least one fourth computing device in the first subset group until the available computing device of the first subset group accepts the third request to connect;
and ii. if the audio-visual connection between the first subset of fourth computing devices fails to accept the third request to connect after a predetermined amount of time, then attempting to establish the audio-visual connection with a second subset of fourth computing devices of the at least one fourth computing device in the at least one second subset group by simultaneously sending the third request to connect to the second subset of fourth computing devices until the available computing device of the at least one second subset group accepts the third request to connect.
3. The computer implemented method of claim 2 further comprising, wherein if the audio- visual connection between the second computing device fails to connect to the at least one fourth computing device from the first subset group and the at least one second subset group, then causing the audio-visual connection between the second computing device and a fifth computing device of an emergency backup public crisis responder.
4. The computer implemented method of claim 1 further comprising: a. receiving a fourth request to connect the third computing device to the at least one fourth computing device and the second computing device; and b. causing a second audio-visual connection between the third computing device, and the at least one fourth computing device and the second computing device.
5. The computer implemented method of claim 1 further comprising: a. receiving a fifth request to connect the third computing device the at least one fourth computing device and the third computing device; and b. causing a third audio-visual connection between the third computing device, and the at least one fourth computing device.
6. The computer implemented method of claim 1 wherein the at least one PPA availability profile comprises at least one geographic availability.
7. The computer implemented method of claim 6 further comprising: a. receiving a ninth message comprising a streaming PNA geolocation data from the second computing device; and
b. prior to determining, based on the at least one PPA availability profile, the predetermined order in which to attempt to cause the audio-visual connection, determining, with the at least one processor, whether the streaming PNA geolocation data satisfies the at least one geographic availability of the at least one PPA availability profile.
8. The computer implemented method of claim 1 further comprising: a. receiving a plurality of ad requests from a sixth computing device, based on the PNA user record, wherein the PNA user record comprises at least one TGM indicated advertising preference, and b. displaying a plurality of advertisements, based on the plurality of ad requests, on the at least one fourth computing device associated with the at least one PPA user.
9. The computer implemented method of claim 1 further comprising: a. after receiving the seventh message from the second computing device, transmitting a second audio-visual message on the second computing device, wherein the second audio-visual message comprises an affirmation message that the third request to connect the at least one fourth computing device with the second computing device has been transmitted.
10. The computer implemented method of claim 9 further comprising: a. receiving the affirmation message from the third computing device associated with the TGM user, wherein the affirmation message is at least one of (i) a voice recording of the TGM user, and (ii) a selection of an audio-visual document.
11. A computer implemented method, executable on at least one processor of a first computing device, for generating personalized responsive assistance for a person needing assistance (PNA) by a set of persons providing assistance (PPA) who are personally known by the person needing assistance, wherein the computer implemented method comprises:
a. receiving, with a transceiver of the first computing device, over a communications network, a first message from a second computing device, the first message comprising PNA contact data for a PNA user;
b. receiving, with the transceiver, at least one second message from at least one third computing device, the at least one second message comprising PPA data for at least one PPA user, wherein the PPA data comprises contact information for the at least one PPA user and an availability profile;
c. generating a PNA user record for the PNA user and at least one PPA user record for the at least one PPA user and storing the PNA user record and the at least one PPA user record in a connected database;
d. associating the at least one PPA user record with the PNA user record;
e. receiving, with the transceiver, from the second computing device, a third message comprising a first request to cause an audio-visual connection between the second computing device with the at least one third computing device;
f. determining, based on the availability profile of each PPA user record of the at least one PPA user record, a predetermined order in which to attempt to cause the audio-visual connection between the second computing device and the at least one third computing device of the at least one PPA user;
g. sending in the predetermined order, over the communications network to the at least one third computing device, a fourth message comprising a second request to connect the at least one third computing device with the second computing device;
and h. causing the audio-visual connection between the second computing device and an available computing device of one of the at least one third computing device based on a response from the available computing device of the at least one third computing device.
12. The computer implemented method of claim 11 wherein the predetermined order for causing the audio-visual connection between the second computing device and the at least one third computing device of the at least one PPA user comprises:
a. a first subset group;
b. at least one second subset group;
and c. wherein the computer implemented method further comprises,
i. attempting to establish the audio-visual connection with the at least one third computing device in the first subset group by simultaneously sending the second request to connect to a first subset of third computing devices of the at least one third computing device in the first subset group until the available computing device of the first subset group accepts the second request to connect;
and ii. if the audio-visual connection between the first subset of third computing devices fails to accept the second request to connect after a predetermined amount of time, then attempting to establish the audio-visual connection with a second subset of third computing devices of the at least one third computing device in the at least one second subset group by simultaneously sending the second request to connect to the second subset of third computing devices until the available computing device
of the at least one second subset group accepts the second request to connect.
13. The computer implemented method of claim 12 wherein the availability profile comprises at least one geographic availability.
14. The computer implemented method of claim 13 further comprising:
a. receiving a fifth message comprising a streaming PNA geolocation data from the second computing device;
and b. prior to determining, based on the availability profile of the at least one PPA user record, the predetermined order in which to attempt to cause the audio-visual connection, determining, with the at least one processor, whether the streaming PNA geolocation data satisfies the at least one geographic availability of the availability profile of the at least one PPA user record.
15. The computer implemented method of claim 14 further comprising:
a. after receiving the third message from the second computing device, transmitting a second audio-visual message on the second computing device, wherein the second audio-visual message comprises a message of affirmation that the second request to connect the at least one third computing device with the second computing device has been transmitted.
16. The computer implemented method of claim 15 further comprising wherein at least one of (i) the PNA user record and (ii) a PPA user record of the at least one PPA user record defines a trust group manager (TGM) user record.
17. A computer implemented method, executable on at least one processor of a first computing device, for generating personalized responsive assistance for a person needing assistance (PNA) by a set of persons providing assistance (PPA) who are personally known by the person needing assistance, wherein the computer implemented method comprises:
a. receiving, with a transceiver of the first computing device, over a communications network, a first message comprising PNA contact data for a PNA user and a trust group manager (TGM) contact data of a TGM user;
b. generating a PNA user record for the PNA user and storing, in a connected database, the PNA contact data;
c. sending, over the communications network, to a third computing device associated with the TGM user, a second message comprising a first request for an approval to associate the third computing device of the TGM user with a second computing device of the PNA user;
d. receiving, over the communications network, from the third computing device, a third message comprising the approval of the first request to associate the third computing device of the TGM user with the second computing device of the PNA user;
e. in response to the third message, associating the third computing device of the TGM user with the second computing device of the PNA user and storing, in the connected database, a unique identifier indicating an association between the second computing device and the third computing device;
f. receiving, from the third computing device of the TGM user, a fourth message comprising PPA data for at least one PPA user, wherein the PPA data comprises contact information for the at least one PPA user;
g. sending, over the communications network to at least one fourth computing device of the at least one PPA user, a fifth message comprising an invite to join a trust group associated with the PNA user record;
h. receiving a sixth message from the at least one fourth computing device in response to the invite to join the trust group, wherein the sixth message comprises an acceptance of the invite to join the trust group and at least one PPA availability profile;
i. wherein the at least one PPA availability profile comprises at least one geographic availability;
i. storing the at least one PPA availability profile in the PNA user record for each PPA user that accepted the invite to join the trust group;
j. receiving, with the transceiver, from the second computing device, a seventh message comprising a second request to cause an audio-visual connection between the second computing device with the at least one fourth computing device of the at least one PPA user;
k. receiving streaming PNA geolocation data from the second computing device;
l. determining, with the at least one processor, whether the streaming PNA geolocation data satisfies the at least one geographic availability of the at least one PPA availability profile;
m. determining, based on the at least one PPA availability profile, a predetermined order in which to attempt to cause the audio-visual connection between the second computing device and the at least one fourth computing device of the at least one PPA user;
i. wherein the predetermined order for causing the audio-visual connection between the second computing device and the at least one fourth computing device of the at least one PPA user comprises: a. a first subset group; and b. at least one second subset group;
n. sending in the predetermined order, over the communications network to the at least one fourth computing device, an eighth message, wherein the eighth message comprises a third request to connect the at least one fourth computing device with the second computing device;
o. attempting to establish the audio-visual connection with the at least one fourth computing device in the first subset group by simultaneously sending the third request to connect to a first subset of fourth computing devices of the at least one fourth computing device in the first subset group until an available computing device of the first subset group accepts the third request to connect;
p. if the audio-visual connection between the first subset of fourth computing devices fails to accept the third request to connect after a predetermined amount of time, then attempting to establish the audio-visual connection with a second subset of fourth computing devices of the at least one fourth computing device in the at least one second subset group by simultaneously sending the third request to connect to the second subset of fourth computing devices until the available computing device of the at least one second subset group accepts the third request to connect;
and q. causing the audio-visual connection between the second computing device and the available computing device of one of the at least one fourth computing device based on a response from the available computing device of the at least one fourth computing device in the first subset group and the at least one second subset group.
18. The computer implemented method of claim 17 further comprising, wherein if the audio- visual connection between the second computing device fails to connect to the at least one fourth computing device from the first subset group and the at least one second subset group, then causing the audio-visual connection between the second computing device and a fifth computing device of an emergency backup public crisis responder.
19. The computer implemented method of claim 18 further comprising: a. receiving a fourth request to connect the third computing device to the at least one fourth computing device and the second computing device;
and b. causing a second audio-visual connection between the third computing device, and the at least one fourth computing device and the second computing device.
20. The computer implemented method of claim 19 further comprising: a. receiving a fifth request to connect the third computing device the at least one fourth computing device and the third computing device; and b. causing a third audio-visual connection between the third computing device, and the at least one fourth computing device.
As per claim 1, the claims recite an intermediary providing permissions of connecting a user who needs help with another who can manage their information based on requests and acceptance, connecting a user who is managing the information with another user who provide help based on requests and acceptance, storing these permissions according to unique identifiers, providing information on user who can provide services based on availability and constraints, and providing a connection between users needing information and those providing information based on constraints.
These are all limitations a human or humans could perform, the fact that these limitations a human or humans could perform as instead being recited as being performed by devices (including computers, processors, computing devices, and transceivers), the information is instead being store in a database, and the type of connection is audio visual merely results in apply it.
MPEP 2106.05(f) states “In Alice Corp., the claim recited the concept of intermediated settlement as performed by a generic computer. The Court found that the recitation of the computer in the claim amounted to mere instructions to apply the abstract idea on a generic computer. 573 U.S. at 225-26, 110 USPQ2d at 1984.” Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or computer components after the fact does not integrate a judicial exception into a practical application or provide significantly more.
Further limitations that could be performed by a human or humans that instead recite being performed by devices (including computers, processors, computing devices, and transceivers), the information is instead being store in a database, and the type of connection is audio visual merely results in generally linking the use of the judicial exception to the field of computers.
As per claim 2, the claims recite a predetermined order of different groups for providing requests to perform the desired tasks. First providing the information to users simultaneously of a first group and then if after a predetermined time, providing requests to another group until someone decides to accept. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devices) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 3, the claims recite if a user cannot establish a connection for someone to help connecting to an emergency public crisis responder. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devices) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 4, the claims recite establishing communications between users, like connecting a person needing help, a person providing help, and a person who manages the person needing help. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devices) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 5, the claims recite establishing communications between users, like connecting a person providing help and a person who manages the person needing help. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devices) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 6, the claims recite the availability profile of a user is based on geographic availability. This is a human activity or function, specifically a user saying I live in California so I don’t want to take a job in Maine. There are no additional elements beyond those previously discussed in the claim 1 from which the claim depends.
As per claim 7, the claims recite receiving geographic location data from a user requesting help and determining if a helper user meets to geographic availability. This is a human activity or function, specifically a user saying I live in California so people from Maine wouldn’t work. The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers (computer, processor or via streaming) and the type of connection is audio-visual, merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 8, the claims recite providing ads based on profiles and preferences. This is a human activity or function, specifically a human or humans could provide ads based on profiles and preferences. The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 9, the claims recite sending a message that another message has been sent. This is a human activity or function, specifically a human or humans could confirm a message has been sent. The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers (computing devices) and the type of connection is audio-visual, merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 10, the claims recite sending a message that another message has been sent. This is a human activity or function, specifically a human or humans could confirm a message has been sent.
The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers (computing device), the type of connection is audio-visual, and that the type of response from a user is a “voice recording” merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
As per claim 11, the claims recite an intermediary providing permissions of connecting a user who needs help with another who can manage their information based on requests and acceptance, connecting a user who is managing the information with another user who provide help based on requests and acceptance, generating records of this received information, providing a user who can provide services based on availability and constraints, and providing a connection between users needing information and those providing information. These are all limitations a human or humans could perform, the fact that these limitations a human or humans could perform as instead being recited as being performed by devices (computers, computing devices, transceivers, or processors), the information is instead being store in a database, and the type of connection is audio visual merely results in apply it.
MPEP 2106.05(f) states “In Alice Corp., the claim recited the concept of intermediated settlement as performed by a generic computer. The Court found that the recitation of the computer in the claim amounted to mere instructions to apply the abstract idea on a generic computer. 573 U.S. at 225-26, 110 USPQ2d at 1984.” Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or computer components after the fact does not integrate a judicial exception into a practical application or provide significantly more.
Further limitations that could be performed by a human or humans that instead recite being performed by devices( computers, computing devices, transceivers, or processors), the information is instead being store in a database, and the type of connection is audio visual merely results in generally linking the use of the judicial exception to the field of computers.
As per claim 12, the claims recite a predetermined order of different groups for providing requests to perform the desired tasks. First providing the information to users simultaneously of a first group and then if after a predetermined time, providing requests to another group until someone decides to accept. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computers) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 11.
As per claim 13, the claims recite the availability profile of a user is based on geographic availability. This is a human activity or function, specifically a user saying I live in California so I don’t want to take a job in Maine. There are no additional elements beyond those previously discussed in the claim from which the claim depends (claims 11-12).
As per claim 14, the claims recite receiving geographic location data from a user requesting help and determining if a helper user meets to geographic availability. This is a human activity or function, specifically a user saying I live in California so people from Maine wouldn’t work. The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers (computing device, processor or via streaming) and the type of connection is audio-visual, merely results in apply it or generally linking it to the field of computers as discussed above in claim 11.
As per claim 15, the claims recite sending a message that another message has been sent. This is a human activity or function, specifically a human or humans could confirm a message has been sent. The additional elements that this limitation that could be performed by a human or humans are instead being performed by a computers (computing device) and the type of connection is audio-visual, merely results in apply it or generally linking it to the field of computers as discussed above in claim 11.
As per claim 16, the claims merely define the record of a personal needing assistance and a person providing assistance being a trust group. There are no additional elements beyond those discussed above in the claims from what it depends (see claim 11).
As per claim 17, the claims recite an intermediary providing permissions of connecting a user who needs help with another who can manage their information based on requests and acceptance, connecting a user who is managing the information with another user who provide help based on requests and acceptance, storing these permissions according to unique identifiers, determining a user who can provide services based on availability and constraints like location, providing the requests for help to certain users simulateantously based on grouping and constraints until a user accepts a connection, and providing a connection between users needing information and those providing information. These are all limitations a human or humans could perform, the fact that these limitations a human or humans could perform as instead being recited as being performed by devices (computers, transceivers, computing devices, streaming, or processors), the information is instead being store in a database, and the type of connection is audio visual merely results in apply it.
MPEP 2106.05(f) states “In Alice Corp., the claim recited the concept of intermediated settlement as performed by a generic computer. The Court found that the recitation of the computer in the claim amounted to mere instructions to apply the abstract idea on a generic computer. 573 U.S. at 225-26, 110 USPQ2d at 1984.”
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or computer components after the fact does not integrate a judicial exception into a practical application or provide significantly more.
Further limitations that could be performed by a human or humans that instead recite being performed by devices (computers, transceivers, computing devices, streaming, or processors), the information is instead being store in a database, and the type of connection is audio visual merely results in generally linking the use of the judicial exception to the field of computers.
As per claim 18, the claims recite if a user cannot establish a connection for someone to help connecting an emergency public crisis responder. These are limitations a human again could perform by following a list or instructions of who to call and in what order, as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computers) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 17.
As per claim 19, the claims recite establishing communications between users, like connecting a person needing help, a person providing help, and a person who manages the person needing help. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devices) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 17.
As per claim 20, the claims recite establishing communications between users, like connecting a person providing help and a person who manages the person needing help. These are limitations a human again could perform as these are human activities. The additional elements that these limitations a human or humans could perform as instead being recited as being performed by computers (computing devcies) and the type of connection between users is audio-visual merely results in apply it or generally linking it to the field of computers as discussed above in claim 17.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely recite limitations that are not indicative of an inventive concept (“significantly more”) in that the claims merely recite:
(1) 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)) And (2) Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), as detailed above under the practical application step.
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.
Claim 2-3 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.
As per claim 2, Applicant recites at least one fourth computing device in the first subset group until the available computing device of the first subset group accepts the third request to connect. However, an available device is not previously recited in the claim or the claim from which it depends, therefore there is insufficient antecedent basis for the limitation, the available computing device in the claim. For the purposes of this examination the Examiner will interpret the claim as follows: at least one fourth computing device in the first subset group until an available computing device of the first subset group accepts the third request to connect
Further claim 3 that depends off of claim 2 is rejected based on its dependency 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 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) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Vogler (United States Patent Application Publication Number: US 2020/0349623) further in view of Nagaraja et al. (United States Patent Application Publication Number: US 2020/0244605).
As per claim 11, Vogler teaches A computer implemented method, executable on at least one processor of a first computing device, (see paragraph 0001 and 0030-0032, Examiner’s note: system and method for searching for and engaging a service provider and software running on a computer to perform operations).
for generating personalized responsive assistance for a person needing assistance (PNA) by a set of persons providing assistance (PPA) who are personally known by the person needing assistance, wherein the computer implemented method comprises: (see paragraphs 0019 and 0041-0042, Examiner’s note: elderly or child needing assistance and providing service provider information to the requester (see paragraphs 0041-0042)).
a. receiving, with a transceiver of the first computing device, over a communications network, a first message from a second computing device, the first message comprising PNA contact data for a PNA user; (see paragraph 0033 and 0026, Examiner’s note: inputting information on a website or a smart phone app that includes user information and family information like elderly parent or child and a communication port for providing information over the network).
b. receiving, with the transceiver, at least one second message from at least one third computing device, the at least one second message comprising PPA data for at least one PPA user, wherein the PPA data comprises contact information for the at least one PPA user and an availability profile; (see paragraphs 0028 and 0034, Examiner’s note: teaches service providers inputting information (see paragraph 0034), devices run user interface (see paragraph 0028)).
c. generating a PNA user record for the PNA user and at least one PPA user record for the at least one PPA user and storing the PNA user record and the at least one PPA user record in a connected database; (see paragraphs 0033-0035, Examiner’s note: teaches generating user’s profiles where they are updated and maintained in the database).
d. associating the at least one PPA user record with the PNA user record; (see paragraphs 0036, 0038, and 0045, Examiner’s note: teaches a user having a preferred service provider).
e. receiving, with the transceiver, from the second computing device, a third message comprising a first request to cause an connection between the second computing device with the at least one third computing device; (see paragraphs 0041, 0044-0045, Examiner’s note: teaches connections established between individuals).
f. determining, based on the availability profile of each PPA user record of the at least one PPA user record, a predetermined order in which to attempt to cause the connection between the second computing device and the at least one third computing device of the at least one PPA user; (see paragraphs 0040 and 10045, Examiner’s note: teaches providing helpers based on location and based on preferred status).
g. sending in the predetermined order, over the communications network to the at least one third computing device, a fourth message comprising a second request to connect the at least one third computing device with the seco