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 .
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
DETAILED ACTION
Claim Rejections - 35 USC § 103
2. Claims 3, 5-7, 10, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (2003/0147519) in view of Alperovich et al. (2009/0011759) and further in view of Youngs et al. (US Patent 9,220,000).
As to claim 3, Jain teaches a system comprising: a computer interface ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a computer interface) including a first manual input interface to request for a generation of a dynamic telephone number (Fig. 1, 2. Request Dynamic Number; [0017, 0019, 0022, 0025, 0054]), a telephone number is operable to be received by a manual input interface, said dynamic telephone number is operable to be associated with said telephone number (abstract, [0010, 0022, 0036]), a telephone call is operable to be received to said dynamic telephone number (Fig. 2; [0027, 0072]), and said telephone call to said dynamic telephone number associated to said telephone number is operable to be provided to said telephone number (Fig. 2; [0032, 0072]). Jain does not explicitly discuss a graphical user interface; dynamic telephone number is operable to be displayed by said graphical user interface, a third manual input received by said website is operable to remove said association of said dynamic telephone number for said telephone number. However, Jain teaches the dynamic number user request the dynamic number through a web interface and simply clicks a box before placing the call ([0054]), hence it would have been obvious that the dynamic number displayed in order for the dynamic number user to click. Furthermore, Jain teaches the dynamic number user requests the dynamic number implemented using a computer interface (Fig. 1 and [0017]); the number server returns the dynamic number to the dynamic user (Fig. 1 and [0021]); and the dynamic number user provides the dynamic number to the customer (Fig. 1 and [0024]), hence it would have been obvious the dynamic telephone number presented on the web page then the dynamic telephone number is operable to be displayed by said computer interface.
Alperovich teaches manual input received by said website is operable to remove said association of said dynamic telephone number for said telephone number ([0054] – if James no longer requires the temporary number, James can use the interface 34 to provide a release request authorizing that the temporary number be dissociated from James’ primary number) and associate a new dynamic telephone number for said telephone number ([0054] – James may request multiple temporary numbers and he may publish some of them and give out some of them privately while keeping his real or primary number private; Fig. 7 – flexible numbers); and Jain teaches a website ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a web page) including a manual input interface for receiving a telephone number ([0022]).
Youngs teaches graphical user interface presents the selection among the phone number and the temporary phone number; the instruction is received over a user input element of user device such as a keypad, touchscreen, mouse, voice activation or other user input element (col. 6, lines 15-27; claim 5).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Alperovich and Youngs into the teachings of Jain for the purpose of allowing user to remove the association of the dynamic telephone number in order to prevent a subsequent user to whom the number has been allocated from receiving calls that were intended for the dynamic telephone number user; and allowing user to select from among the device number associated with wireless communication device and the temporary address number provided by routing node.
As to claims 5 and 10, Jain teaches the system of claim 3 further comprising a dynamic telephone number provided for a period of time ([0022] – lifetime of the dynamic number: in terms of time, maximum number of calls…); it would have been obvious the same period of time or lifetime would also apply for a second dynamic telephone number.
As to claim 6, Jain teaches the system of claim 3 further comprising a dynamic telephone number provided for a pre-determined number of uses ([0022] – configuring parameters associated with the dynamic number: in terms of time, maximum number of calls…); it would have been obvious the same pre-determined number of uses would also apply for a second dynamic telephone number.
As to claim 7, Jain teaches the system of claim 3, wherein the telephone number is a mobile telephone number ([0003, 0077] – cellular telephone number).
As to claim 12, Jain teaches the system of claim 3, wherein a utilization of said dynamic telephone number includes a cost ([0022]).
3. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jain, Alperovich, and Youngs in view of Hill et al. (US Patent 8,850,329).
As to claim 4, Youngs teaches graphical user interface presents the selection among the phone number and the temporary phone number; the instruction is received over a user input element of user device such as a keypad, touchscreen, mouse, voice activation or other user input element (col. 6, lines 15-27; claim 5). Jain, Alperovich, and Youngs do not explicitly discuss the system of claim 3 wherein said graphical user interface is a dating website.
Hill teaches GUI 400 generated and provided to the user in response to a request for other users with similar browsing histories as part of a social networking or dating web site (col. 12, lines 25-30).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Hill into the teachings of Jain, Alperovich, and Youngs for the purpose of allowing users who would like to participant in an activity such as an on line dating service in which users may be reluctant to distribute their telephone number and avoiding exposing their telephone number.
4. Claims 8-9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jain, Alperovich, and Youngs in view of Lin (2006/0141981).
As to claims 8, 11, Jain teaches the dynamic number user may configure parameters associated with the dynamic number such as maximum cost for using the service ([0022]); and the network would need to see a valid original number which might also be used for billing ([0066]). Jain, Alperovich, and Youngs do not explicitly discuss generation of said dynamic telephone number associated with a cost. It would have been obvious to incorporate the generation of dynamic telephone number cost for the purpose of compensating the services provided by the dynamic telephone number service.
Lin teaches short-lived IDs are marketed and charged per use basis or for on a flat fee ([0046]); requesting for a short-lived ID and generating short-lived ID (Fig. 6).
It would have obvious that just like any other services request, generating the dynamic telephone number will be billed. It would have been obvious to incorporate the teachings of Lin into the teachings of Jain, Alperovich, and Youngs for the purpose of compensating the services provided by the dating websites.
As to claim 9, Lin teaches memory 211 containing short-lived ID 221 (Fig. 2; [0024]).
5. Claims 13, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (2003/0147519) in view of Shah et al. (2008/0123830) and further in view of Youngs et al. (US Patent 9,220,000).
As to claim 13, Jain teaches a system comprising: a computer interface ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a computer interface) including a first manual input interface to request for a generation of a dynamic telephone number (Fig. 1, 2. Request Dynamic Number; [0017, 0019, 0022, 0025, 0054]), a telephone number is operable to be received by a manual input interface, said dynamic telephone number is operable to be associated with said telephone number (abstract, [0010, 0022, 0036]), a telephone call is operable to be received to said dynamic telephone number (Fig. 2; [0027, 0072]), and said telephone call to said dynamic telephone number associated to said telephone number is operable to be provided to said telephone number (Fig. 2; [0032, 0072]). Jain does not explicitly discuss a graphical user interface; dynamic telephone number is operable to be displayed by said graphical user interface, a third manual user interface operable to change said telephone number to a second telephone number for said dynamic telephone number. However, Jain teaches the dynamic number user request the dynamic number through a web interface and simply clicks a box before placing the call ([0054]), hence it would have been obvious that the dynamic number displayed in order for the dynamic number user to click. Furthermore, Jain teaches the dynamic number user requests the dynamic number implemented using a computer interface (Fig. 1 and [0017]); the number server returns the dynamic number to the dynamic user (Fig. 1 and [0021]); and the dynamic number user provides the dynamic number to the customer (Fig. 1 and [0024]), hence it would have been obvious the dynamic telephone number presented on the web page then the dynamic telephone number is operable to be displayed by said computer interface.
Shah teaches associating the children’s number with a called number (dynamic telephone number) and thereafter any calls to the MDN line to the called number would be indicated as having originated from the children’s number ([0019]); change/edit or enter data in the table using the main MDN number in which the table is associated and the table can be accessed using a web page ([0031, 0035], Fig. 3). It would have been obvious to change/edit or enter the telephone number to a second telephone number for the dynamic telephone number; and Jain teaches a website ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a web page) including a manual input interface for receiving a telephone number ([0022]).
Youngs teaches graphical user interface presents the selection among the phone number and the temporary phone number; the instruction is received over a user input element of user device such as a keypad, touchscreen, mouse, voice activation or other user input element (col. 6, lines 15-27; claim 5).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Shah and Youngs into the teachings of Jain for the purpose of associating new dynamic telephone numbers in order for the dynamic telephone number user to publish some of them and give out some of them privately while keeping his/her real or primary number private; and allowing user to select from among the device number associated with wireless communication device and the temporary address number provided by routing node.
Claim 15 rejected for the same reasons discussed above with respect to claim 5.
As to claim 16, Jain teaches the system of claim 13 further comprising a dynamic telephone number provided for a pre-determined number of uses ([0022] – configuring parameters associated with the dynamic number in terms of time, maximum number of calls…); it would have been obvious the same pre-determined number of uses would also apply for a second dynamic telephone number.
6. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Jain, Shah, and Youngs in view of Hill et al. (US Patent 8,850,329).
Claim 14 rejected for the same reasons discussed above with respect to claim 4.
Double Patenting
7. 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 timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory 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); 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 or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
8. Claims 3-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 8,693,653 in view of Jain et al. (2003/0147519) and Youngs et al. (US Patent 9,220,000).
15/0736523
U.S. Patent 8,693,653
3. A system comprising:
a processing system for providing a graphical user interface with a first manual user interface to request the generation of a dynamic telephone number, wherein a telephone number is operable to be received by a second manual input interface of said graphical user interface, said dynamic telephone number is operable to be associated with said telephone number, said dynamic telephone number is operable to be displayed by said graphical user interface, a telephone call is operable to be received to said dynamic telephone number, said call is operable to be provided to said telephone number, a third manual user interface operable to remove said association of said dynamic telephone number for said telephone number and associated a new dynamic telephone number for said telephone number.
1. A method comprising:
receiving, on a system, a telephone number for a user;
receiving, on a system, a request for the generation of a dynamic telephone number on a dating website; associating, on said system, said dynamic telephone number to said telephone number;
receiving, on said system, a call to said dynamic telephone number;
routing, on said system, said call to said telephone number, wherein a code is provided and the caller of said call is required to enter said code for said routing to occur;
providing a message, on said system, to the caller of said call that identifies said dynamic number as dynamic;
receiving, on said system, a request to delete said dynamic telephone number for said user; and
deleting, on said system, said dynamic telephone number.
U.S. Patent No. 8,693,653 does not disclose a graphical user interface includes displayed option to request the generation of a dynamic telephone number. Jain teaches a first manual input interface to request for a generation of a dynamic telephone number (Fig. 1, 2. Request Dynamic Number; [0017, 0019, 0025, 0054]); the dynamic number user request the dynamic number through a web interface and simply clicks a box before placing the call ([0054]), hence it would have been obvious that the dynamic number displayed in order for the dynamic number user to click. Furthermore, Jain teaches the dynamic number user requests the dynamic number implemented using a web page (Fig. 1 and [0017]); the number server returns the dynamic number to the dynamic user (Fig. 1 and [0021]); and the dynamic number user provides the dynamic number to the customer (Fig. 1 and [0024]), hence it would have been obvious the dynamic telephone number presented on the web page then the dynamic telephone number is operable to be displayed by said website.
Youngs teaches graphical user interface presents the selection among the phone number and the temporary phone number; the instruction is received over a user input element of user device such as a keypad, touchscreen, mouse, voice activation or other user input element (col. 6, lines 15-27; claim 5).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Jain and Youngs into the teachings of U.S. Patent No. 8,693,653 for the purpose of allowing user to select from among the device number associated with wireless communication device and the temporary address number provided by routing node.
The examiner also notes that claims 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16 of the ‘705 Patent application respectively corresponds to claims 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 of the '653 claims.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the present application are broader in scope than the claims of the patent. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
9. Claims 3-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 9,325,747 in view of Jain et al. (2003/0147519) and Youngs et al. (US Patent 9,220,000).
18/402705
U.S. Patent 9,325,747
3. A system comprising:
a processing system for providing a graphical user interface with a first manual user interface to request the generation of a dynamic telephone number, wherein a telephone number is operable to be received by a second manual input interface of said graphical user interface, said dynamic telephone number is operable to be associated with said telephone number, said dynamic telephone number is operable to be displayed by said graphical user interface, a telephone call is operable to be received to said dynamic telephone number, said call is operable to be provided to said telephone number, a third manual user interface operable to remove said association of said dynamic telephone number for said telephone number and associated a new dynamic telephone number for said telephone number.
1. A method comprising:
receiving a telephone number on a system;
displaying on said system an option to request the generation of a dynamic telephone number;
receiving, on said system, a request for the generation of said dynamic telephone number;
associating on said system said dynamic telephone number to said telephone number;
displaying on said system said dynamic telephone number;
receiving, on said system, a call to said dynamic telephone number;
routing on said system said call to said telephone number; and
deleting on said system said dynamic telephone number.
U.S. Patent No. 9,325,747 does not disclose manual input to user interface to request the generation of a dynamic telephone number and dynamic telephone number is displayed by said graphical user interface. Jain teaches a first manual input interface to request for a generation of a dynamic telephone number (Fig. 1, 2. Request Dynamic Number; [0017, 0019, 0025, 0054]); the dynamic number user request the dynamic number through a web interface and simply clicks a box before placing the call ([0054]), hence it would have been obvious that the dynamic number displayed in order for the dynamic number user to click. Furthermore, Jain teaches the dynamic number user requests the dynamic number implemented using a web page (Fig. 1 and [0017]); the number server returns the dynamic number to the dynamic user (Fig. 1 and [0021]); and the dynamic number user provides the dynamic number to the customer (Fig. 1 and [0024]), hence it would have been obvious the dynamic telephone number presented on the web page then the dynamic telephone number is operable to be displayed by said website.
Youngs teaches graphical user interface presents the selection among the phone number and the temporary phone number; the instruction is received over a user input element of user device such as a keypad, touchscreen, mouse, voice activation or other user input element (col. 6, lines 15-27; claim 5).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Jain and Youngs into the teachings of U.S. Patent No. 9,325,747 for the purpose of allowing user to select from among the device number associated with wireless communication device and the temporary address number provided by routing node.
The examiner also notes that claims 5, 6, 7, 8, 9, 10, 11 of the ‘705 Patent application respectively corresponds to claims 3, 4, 5, 6, 7, 8, 9 of the '747 claims.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the present application are broader in scope than the claims of the patent. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
Response to Arguments
10. Applicant's arguments filed 10/28/25 have been fully considered but they are not persuasive.
With respect to claim 3, Applicant argues that “Jain does not show or suggest a third manual user interface operable to remove the association of a dynamic telephone number for the telephone number and associated a new dynamic telephone number for the telephone number.”
Examiner respectfully submits that secondary prior art Alperovich teaches ([0054] – if James no longer requires the temporary number, James can use the interface 34 to provide a release request authorizing that the temporary number be dissociated from James’ primary number) and associate a new dynamic telephone number for said telephone number ([0054] – James may request multiple temporary numbers and he may publish some of them and give out some of them privately while keeping his real or primary number private; Fig. 7 – flexible numbers); and Jain teaches a website ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a web page) including a manual input interface for receiving a telephone number ([0022]). The combination of Jain and Alperovich teaches claimed limitation(s).
Applicant further argues that “Jain teaches away from such a feature by including a temporary number for a short period of time…Accordingly, Jain has provided a temporary system with a temporary number. Jain’s precision system that has a structure of a temporary number. Any further modification of Jain would modify Jain’s structure of a temporary number and render it inoperable.” and “As such, Jain directly teaches away from applicant’s feature as Jain alleges an temporary number structure.”
Examiner respectfully disagrees. Claim 3 recites a temporary number for a short period of time and not permanently assigned, and remove the association of the temporary number with the telephone number and assign to a new temporary number. Jain teaches a temporary number provided to the dynamic number user for a relatively short period of time and not permanently assigned, therefore the system designed to remove the temporary number when no longer required or needed, as taught by Alperovich in the same field of endeavor in paragraph ([0054] – if James no longer requires the temporary number, James can use the interface 34 to provide a release request authorizing that the temporary number be dissociated from James’ primary number). Therefore, Jain does not teach away from applicant’s feature and Alperovich in the same field of endeavor also teaches temporary number and releasing the temporary number that does not teach away from applicant’s feature.
With respect to claim 13 similar to claim 3, Applicant argues that Jain does not show or suggest features of claim 13 including a third manual user interface operable to change said telephone number to a second telephone number for said dynamic telephone number. Jain includes a temporary telephone number for a short period of time. According, Jain’s precision system has the structure of a temporary number and any further modification of Jain would modify Jain’s construct of a temporary number and render it inoperable.
Examiner respectfully disagrees. Claim 13 recites a temporary number for a short period of time, changing the telephone number to a second telephone number for the dynamic or temporary telephone number and not permanently assigned. Jain teaches a temporary number provided to the dynamic number user for a relatively short period of time and not permanently assigned, therefore the system designed to disassociation or change to a second telephone number when the temporary number no longer required or needed, therefore, Jain does not teach away from applicant’s feature; and Shah teaches associating the children’s number with a called number (dynamic telephone number) and thereafter any calls to the MDN line to the called number would be indicated as having originated from the children’s number ([0019]); change/edit or enter data in the table using the main MDN number in which the table is associated and the table can be accessed using a web page ([0031, 0035], Fig. 3). It would have been obvious to change/edit or enter the telephone number to a second telephone number for the dynamic telephone number; and Jain teaches a website ([0017] – the interface between the dynamic number user and the number server implemented in many ways such as a web page) including a manual input interface for receiving a telephone number ([0022]). The combination of Jain and Shah teaches claimed limitation(s).
Conclusion
11. 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is 571-272-7489. The examiner can normally be reached on Monday - Thursday from 7:30 A.M. to 5:30 P.M. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUYNH H NGUYEN/Primary Examiner, Art Unit 2693