DETAILED ACTION
Status of the Application
This Final Office Action is in response to Application Serial 18/402,938. In response Examiner’s action mail dated July 02, 2025, Applicant amended claim(s) 1, 12, 13, and 20. Applicant cancelled claim 11. The claims 1-10, 12-20 are examined below.
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 . 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.
Information Disclosure Statement
Applicant did not submit an information disclosure for consideration.
Response to Amendments
Claims 1-10, 12-20 are examined below. Claim 11 is cancelled. Claims 1, 12, 13, and 20 are amended.
Applicant’s amendments are not sufficient to overcome the 35 U.S.C. 101 rejection. The claims 1-10 and 12-20 are rejected under 35 U.S.C. 101, see below.
Regarding prior art, the claims 1-10, 12-20 are rejected under 35 U.S.C. 103. See below.
Response to Arguments
Applicant’s arguments filed January 02, 2026 have been fully considered but they are not persuasive and/or moot in view of the revised rejections. Applicant’s argument will be considered herein below.
Rejection of claims under 35 U.S.C. 101
On pages 7-10 of the Applicant’s 35 U.S.C. 101 arguments, Applicant traverses, Examiner’s rejection. Applicant has amended claims 1, 12, 13, and 20. Applicant respectfully disagrees for the following reasons:
Applicant submits independent claim 1 is amended and is now indicative of integration into a practical application. Applicant submits the amendments to the claims comprise meaningful limitations beyond merely organizing human activity. Further, the method is not merely a mental process as the ability of the system to automatically match a photographer with a user is unique to each individual and photographer combination and would not be possible by a human alone. Applicant notes that in Classen Immunotherapies Inc. v. Biogen IDEC claims were allowed because although the analysis step was an abstract mental process that collected and compared known information, the immunization step was meaningful because it integrated the results of the analysis into a specific and tangible method that resulted in the method “moving from abstract scientific principle to specific application. The present independent claims are similar to Classen in that the software application comprises a photographer portal that is moving from a fundamental practice to a specific application which is unique for each scheduling of a session between a user and a photographer. Accordingly, Applicant believes that independent claims 1, 13 and 20 and the claims that depend therefrom are allowable are allowable under Step 2A and respectfully requests that the rejection be withdrawn.
Examiner respectfully disagrees with Applicant’s 35 U.S.C. 101 arguments. The claims are considered under 35 U.S.C. 101.
At Step 2A prong one the claims are sending a request to book a photographer based on location. Booking a photographer is a commercial activity, and thus is certain methods of organizing human activity. Determining the location of a photographer and reviewing comments are observations and evaluations, and thus, the claims are mental concepts.
At Step 2A prong two, the claims are using a GPS system to identify the locations, and using a software application to make a payment and leave a comment, and thus the claims are 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).
Regarding an improvement, the claims are improving the data based on a location. The claims are not integrated into a practical application at Step 2A Prong two.
Regarding Classen, which claimed methods of lowering the risk of chronic immune-mediated disorder and included the physical step of immunization based on the optimum schedule. “The distinction between a concrete, physical step of a process claim, as compared with data gathering or insignificant extra-solution activity, warrants specific consideration in the context of evolving technologies.” Inclusion of the physical immunization step allowed both patents to pass the “course eligibility filter of §101″ and, thus, subject to further statutory evaluation. The Applicant’s claims are not related to immunization, nor and steps of immunization protocols, therefore the claims are not analogous. The Applicant’s claims related to internet technologies. The Applicant is pointed to Subject Matter Eligibility Exceptions for consideration.
Applicant traverses at Step 2B, the claimed invention addresses the challenges of scheduling a photography service to perform the scheduling and matching in real-time. This is addressed via an improved function of a computer-based technology that significantly increases the efficiency process. The claims are meaningful limitations that add much more than generally linking the use of the abstract idea (the general concept of organizing and comparing data) to the internet, because they solve an Internet-centric problem with a claimed solution that is necessarily rooted in computer technology, similar to the additional elements in DDR Holdings (See, DDR Holdings, LLC v. Hotels.com). These limitations, when taken as an ordered combination, provide unconventional steps that confine the abstract idea to a particular useful application. Therefore, the claims recite patent eligible subject matter. Accordingly, Applicant believes that independent Claims 1, 13, and 20, and the claims that depend therefrom are allowable under Step 2B and respectfully requests that the rejection be withdrawn.
Examiner respectfully disagrees with Applicant’s Step 2B arguments. Although Applicant’s claims are rooted in internet centric technologies like DDR Holdings, LLC v. Hotels. In DDR, the court described the invention as being directed to "generating a composite web page that combines certain visual elements of a host website with content of a third-party merchant." In DDR the court found that the invention … by creating a new web page that permits a website visitor, in a sense, to be in two places at the same time. On activation of a hyperlink on a host website -- such as an advertisement for a third-party merchant -- instead of taking the visitor to the merchant's website, the system generates and directs the visitor to a composite web page that displays product information from the third-party merchant, but retains the host website's look and feel. The Applicant’s invention is not claiming a website look and feel of a third-party website. The Applicant’s claims are not similar to DDR.
The Applicant’s claims are using a user’s location to identify available photographers, and the software application uses an appointment booking, payment services and reviews. The Applicant’s claims are not claiming links to third-party vendors, nor are the claims directing a visitor to a "hybrid web page that presents product information from the third-party and visual look and feel elements from the host website" like DDR. As presented in the instant specification [018]-[020], [048], the app is set up to accept payments as well as link to Venmo, PayPal, CashApp, which are using third party websites – taking the user to the third party merchant- as known in the art. The claims are not similar to DDR.
As presented, the claims are not a technical improvement where an improvement to the operation of a computing system is enough to satisfy Step 2B – significantly more.
The pending claims are not patent eligible.
Rejection of claims under 35 U.S.C. 103
Rejections of Claims 1-4, 13-16, and 20 under 35 U.S.C. 103 as being unpatentable over Timotic (2022, Vagaro Vs Fresha Vs Traft: Which Is Best for Your Salon?) in view of Kumar (U.S. Published Patent Application 2020/0,219,163 A1).
On pages 11-15 of the Applicant’s 35 U.S.C. 103 arguments, Applicant traverses, Examiner’s rejection. Applicant respectfully disagrees for the following reasons:
Independent claim 1 has been amended. Timotic, used to reject claim 1, is silent as to all the other components. Applicant submits the amendment are actual structural components now instead of names or labels. Because Timotic and Kumar, alone or in combination, do not teach or even suggest each of the limitation contained in amended independent Claim 1, Timotic and Kumar cannot render amended independent Claim 1 obvious, or any of the claims that depend therefrom. Accordingly, Applicant respectfully requests that this rejection be withdrawn and that Claim 1 be allowed.
Examiner respectfully disagrees with Applicant’s Claim 1 arguments. The Applicant’s amendments necessitate grounds for a new rejection. See prior art rejection below.
Applicant traverses, Claims 2-4 dependent from amended Claim 1, which is now believed to be allowable. As such, Applicant respectfully requests that this rejection be withdrawn and that Claims 2-4 be allowed.
Examiner respectfully disagrees. See Claim 1 arguments, where the amendments to the independent claim, claim 1, necessitates grounds for a new rejection. See below.
Furthermore, Applicant did not amend claims 2-4, therefore claims 2-4 rejection have not changed.
Claim 13 now requires a photographer portal and other elements. While Timotic teaches a calendar, Timotic is silent as to all of the other components (i.e., a payment information component and a review component). Accordingly, Timotic and Kumar, alone or in combination, do not teach or suggest that the software application comprises a photographer portal and other components, as now required.
Examiner respectfully disagrees. See Claim 13 arguments, where the amendments to the independent claim 13 necessitate grounds for a new rejection. See below.
Claims 14-15 depend from amended Claim 13, which is now believed to be allowable. As such, Applicant respectfully requests that this rejection be withdrawn, and that Claims 14-16 be allowed.
Examiner respectfully disagrees. Applicant’s arguments for the Applicant’s amendments to claim 13 necessitate grounds for a new rejections for claim 13. Claims 14-16 were not amended, therefore the rejections were not changed.
Independent Claim 20 has been amended. While Timotic teaches a calendar, Timotic is silent as to all of the other components (i.e., a payment information component and a review component). Accordingly, Timotic and Kumar, alone or in combination, do not teach or suggest that the software application comprises a photographer portal and other components, as now required. Because Timotic and Kumar, alone or in combination, do not teach or even suggest each of the limitation contained in amended independent Claim 20, Timotic and Kumar cannot render amended independent Claim 20 obvious, or any of the claims that depend therefrom. Accordingly, Applicant respectfully requests that this rejection be withdrawn and that Claim 20 be allowed.
Examiner respectfully disagrees. Applicant’s arguments for Claim 20 are similar to the arguments of independent Claim 13. The Applicant’s amendments necessitate grounds for a new rejection. See below.
Rejections of Claims 5- 12 and 17-19 under 35 U.S.C. 103 as being unpatenable over Timotic (2022, Vagaro Vs Fresha Vs Traft: Which Is Best for Your Salon?) in view of Kumar (U.S. Published Patent Application 2020/0,219,163 A1) in further view of Speasl (U.S. Published Patent Application 2020/0,014,816 A1).
Rejection of claims under 35 U.S.C. 101
On page 15 of the Applicant’s 35 U.S.C. 103 arguments, Applicant traverses, Examiner’s rejection. Applicant respectfully disagrees for the following reasons:
Claim 5-12 dependent from amended claim 1, which is now believed to be allowable. Claim 12 has been amended. Further, Speasl does not cure the deficiencies of Timotic and Kumar. As such, Applicant respectfully requests that this rejection be withdrawn and that Claims 5-12 be allowed.
Examiner respectfully disagrees. Applicant amended claim 1. Claims 5-12 depend on claim branching that are dependent on independent claim 1. Applicant did not amend claims 5-10. Applicant cancelled claim 11. Applicant amended claim 12 to depend on claim 10.
The amendment to claim 1, necessitate grounds for a new rejection for claim 1. See below.
Claim 17-19 depended from amended Claim 13, which is now believed to be allowable. Further, Speasl does not cure the deficiencies of Timotic and Kumar. As such, Applicant respectfully requests that this rejection be withdrawn, and that Claims 17-19 be allowed.
Examiner respectfully disagrees. Applicant amended independent claim 13. Claims 14-19 depend on claim branching that are dependent on independent claim 13. Applicant did not amend claims 14-19.
The amendments to claim 13, necessitate grounds for a new rejection for claim 13. See below.
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 1-10, 12 are machine.
Claims 13-19 are machine.
Claim 20 is method.
Claim 11 is cancelled.
Claims 1-10, 12-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims (claim 1) recites, “… determines a user's location; and further wherein … identifies available photographers based on the user's location in real-time wherein … to allow a plurality of photographers to create a photographer account and a user portal configured to allow a plurality of users to create a user account; wherein … further comprises an appointment booking component comprising a calendar and configured to send a booking request to any nearby photographers identified …; wherein … further comprises a payment information component comprising a paying/tipping component …; and further wherein … allow the plurality of users to leave a comment.”; Claim 13 recites, “determines a user's location; … identifies available photographers based on the user's location …; wherein … provides … access by users and photographers for location and availability; and further wherein … transmits both photographer identification data, availability, and location to a user in real- time wherein … to allow a plurality of photographers to create a photographer account and a user portal configured to allow a plurality of users to create a user account; wherein … further comprises an appointment booking component comprising a calendar and configured to send a booking request to any nearby photographers identified …; wherein … further comprises a payment information component comprising a paying/tipping component … ; and further wherein … to allow the plurality of users to leave a comment.”; Claim 20 recites, “… providing … that identifies the location of a photographer based on the GPS location of a user in real- time; accessing ….; tracking the user in real-time …; identifying a nearby photographer via the GPS location of the user on the application; and booking the photographer for a period of time; and wherein … to allow a plurality of photographers to create a photographer account and a user portal configured to allow a plurality of users to create a user account; wherein … further comprises an appointment booking component comprising a calendar and configured to send a booking request to any nearby photographers identified …; wherein … comprising a paying/tipping component …; and further wherein … further comprises a review component configured to allow the plurality of users to leave a comment.” Claims 1-10, 12-20 in view of the claim limitations are booking a photographer, which is a commercial activity, and thus, is certain methods of organizing human activity. The claims are determining the location of a photographer and reviewing comments, and thus, the claims recite observations and evaluations, and therefore, the claims are mental concepts.
The claims recite a judicial exception at Step 2A Prong One.
This judicial exception are not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of, “A photographer mobile application device that allows users to identify available photographers in real-time, the photographer mobile application device comprising: a software application; and a GPS system; wherein the software application is accessible on a smart device; wherein the GPS system”, “ the software application comprises a photographer portal”, “linkable to a payment service”; in claim 1; “A photographer mobile application device that that allows users to identify available photographers in real-time, the photographer mobile application device comprising: a software application; and a GPS system; wherein the software application is accessible on a smart device”; “ secure website or smartphone application”, “a cellular wireless data network embedded in the smart device”, “a photographer portal”, “linkable to a payment service”; “ the software application further comprises a review component configured”, in claim 13; “A method of locating a photographer based on a user's location in real-time using a software application, the method comprising the following steps”, “a photographer mobile application device comprising a software application” “via GPS on the application”, “the software application comprises a photographer portal configured”, “an appointment booking component” , “by the GPS system”, “a payment information component”, “ a paying/tipping component linkable to a payment service”, in claim 20; however, when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recite 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).
The additional elements recited in the dependent that are not recited in the independent claims:
Claim 2, Claim 16: “the smart device is a smartphone, tablet, laptop, or a desktop computer”
Claim 5: “ secure website or smartphone application”
Claim 6: “a web server and a Cloud database”
Claim 7, Claim 17: “a secure cloud server”
Claim 8, Claim 18: “the GPS system”, “the secure cloud server ”.
Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims also fails to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting transformation or reduction of a particular article to a different state or thing, and/or an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception at Step 2A Prong 2.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed the additional elements when considered both individually and as an ordered combination do not amount to significantly more. (See MPEP 2106.05 f – mere instructions to Apply an Exception).
At step 2B, it is MPEP 2106.05 (d) – Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information).
Examiner concludes that the additional elements in combination fail to amount to significantly more than the abstract idea based on findings that each element merely performs the same function (s) in combination as each element performs separately. The claim is not patent eligible. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified exception (the abstract idea). Looking at the limitation as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
As discussed above, the claims are not improving the technical field of endeavor.
Dependent claims 2-11 further narrow the abstract idea of independent claim 1. Dependent claims 14-19 further narrow the abstract idea of independent claim 13. The claims 1-10, 12-20 are not patent eligible.
Claim Rejections - 35 USC § 103
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1- 4 & 13-16, & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Timotic (2022, Vagaro Vs Fresha Vs Trafft: Which Is Best for Your Salon?) in view of Kushwaha (2011, Location based services using android mobile operating system) and Kumar (US 2020/0,219,163 A1).
Regarding Claim 1, (Currently Amended)
A photographer mobile application device that allows users to identify available photographers in real-time, the photographer mobile application device comprising: a software application; …. wherein the software application is accessible on a smart device; wherein the … determines a user's location;
Timotic discloses appointment schedulers software, accessible on Android and Apple devices., Timotic [p, 3]; Timotic discloses business like freelance photographers rely on appointments, and appointment scheduling., Timotic [p.5].
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Timotic discloses a search option to instantly book salons and spa nearby. Timotic discloses Fresha is rebranded Shedul. This is an online application and point-of-sale system., Timotic [p.3].
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Timotic discloses location and distance from location and website login. Timotic [p. 1]
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and further wherein the software application identifies available photographers based on the user's location in real-time wherein the software application comprises a photographer portal configured to allow a plurality of photographers to create a photographer account and a user portal configured to allow a plurality of users to create a user account;
Timotic [p.5] teaches the app is available for freelance photographers.
Timotic [p.8] teaches setting up a Fresha account.; Timotic discloses when you enter the online Trafft platform you can set up your availability. You can customize the booking page, and enter the kinds of services you provide. Therefore, Examiner submits, Timotic teaches using Trafft platform, a photographer can set up an customize page which is an account/portal that allows for booking.
Timotic [p.10] further teaches setting up a Vagaro personalized booking page for appointments.
wherein the software application further comprises an appointment booking component comprising a calendar and configured to send a booking request to any nearby photographers identified …;
Timotic [p.5] teaches Trafft the app is available for freelance photographers.
Trafft illustrates a calendar for booking., Timotic [p. 4], [p.10].
wherein the software application further comprises a payment information component comprising a paying/tipping component linkable to a payment service;
See above. Timotic illustrates payment using paypal, strip or on site.
and further wherein the software application further comprises a review component configured to allow the plurality of users to leave a comment.
See above. Timotic illustrates reviews captured by Capterra.
Although highly suggested, Timotic does not explicitly teach:
a GPS system … by the GPS system
Kushwaha teaches:
a GPS system … by the GPS system
Kushwaha teaches Location based service (LBS) is … a [n].. application in mobile data services thanks to the rapid development in wireless communication and location positioning technologies. Users with location-aware wireless devices can query about their surroundings (e.g., finding the nearest restaurant or all shopping malls within 5 miles) at any place, anytime., Kushwaha [p.14].
Kushwaha uses Location Based Service (LBS) … an information and entertainment service, accessible with mobile devices through the mobile network and utilizing the ability to make use of geographical position of the mobile device., Kushwaha [p.15].
Kushwaha teaches a user sends a service request using the application running on mobile device (Step 1). The service request, with user's current location information obtained from the positioning component (in this example, GPS data), is sent to service server via the mobile communication network (Step 2)., Kushwaha [p.16], [Figure 1].
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Timotic discloses mobile software for keeping track of business operations. Kushwaha teaches Location based service (LBS) using a mobile device. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a user requesting entertainment service geographical position of the mobile device, as taught by Kushwaha, to help users find facility of interest indicated by user within a certain range., Kushwaha [p.20]
Kumar further teaches:
… a GPS System … wherein the GPS system determines a user’s location ….
Kumar [0153] discloses the displayed locations on the map for the graphical indicators or icons of service providers 464A, 464B, 464C and 464D may correspond either to the place of business of the service provider or to a real-time location of a mobile device (such as a mobile phone or tablet device) or GPS tracking unit (such as a standalone tracking device or installed in a vehicle) associated with the service provider., Kumar [0145], [0152]- [0153], [0158], [Figure 4C]
Timotic discloses mobile software for keeping track of business operations. Kumar teaches a service provider matching system that can receive service provider data and preferences, customer data and preferences, and a customer request. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a map view 460 of matched service providers and GPS tracking unit associated with the service provider, as taught by Kumar, so service providers can be matched based on the nearest service provider to the customer location., Kumar [0158]
Regarding Claim 2, [and similarly claim 16] (original)
The photographer mobile application device of claim 1, wherein the smart device is a smartphone, tablet, laptop, or a desktop computer.
See claim 1 - Timotic [p. 3];
Regarding Claim 3, (original)
The photographer mobile application device of claim 2, wherein users book available photographers for a period of time via the software application.
See claim 1 - Timotic [p. 3] [p.9]; and
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Regarding Claim 4, (original)
The photographer mobile application device of claim 3, wherein users book available photographers to take at least one photograph.
See Claim 1- Timotic [p.5] teaches the app is available for free lance photographers.
(It would be obvious that a photographer hired to take photos, will take at least one photograph, Furthermore, Although not relied on Bowe (2022, Selecting Vendors on the Knot- YouTube ) discloses hiring a photographer using a mobile app.).
Regarding Claim 13, (currently amended)
A photographer mobile application device that that allows users to identify available photographers in real-time, the photographer mobile application device comprising: a software application; and a GPS system; wherein the software application is accessible on a smart device; wherein the GPS system determines a user's location; wherein the software application identifies available photographers based on the user's location in real-time; wherein the software application provides secure website or smartphone application access by users and photographers for location and availability; and further wherein a cellular wireless data network embedded in the smart device transmits both photographer identification data, availability, and location to a user in real- time wherein the software application comprises a photographer portal configured to allow a plurality of photographers to create a photographer account and a user portal configured to allow a plurality of users to create a user account; wherein the software application further comprises an appointment booking component comprising a calendar and configured to send a booking request to any nearby photographers identified by the GPS system; wherein the software application further comprises a payment information component comprising a paying/tipping component linkable to a payment service; and further wherein the software application further comprises a review component configured to allow the plurality of users to leave a comment.
Timotic [p.5] teaches the app is available for freelance photographers.
Timotic [p.8] teaches setting up a Fresha account.; Timotic discloses when you enter the online Trafft platform you can set up your availability. You can customize the booking page, and enter the kinds of services you provide. Therefore, Examiner submits, Timotic teaches using Trafft platform, a photographer can set up an customize page which is an account/portal that allows for booking.
Timotic [p.10] further teaches setting up a Vagaro personalized booking page for appointments.
Kushwaha teaches a GPS system … and further wherein a cellular wireless data network embedded in the smart device transmit … by the GPS system
Kushwaha teaches Location based service (LBS) is … a [n].. application in mobile data services thanks to the rapid development in wireless communication and location positioning technologies. Users with location-aware wireless devices can query about their surroundings (e.g., finding the nearest restaurant or all shopping malls within 5 miles) at any place, anytime., Kushwaha [p.14], [p.15], [p.16], [Figure 1].
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Timotic discloses mobile software for keeping track of business operations. Kushwaha teaches Location based service (LBS) using a mobile device. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a user requesting entertainment service geographical position of the mobile device, as taught by Kushwaha, to help users find facility of interest indicated by user within a certain range., Kushwaha [p.20]
Kumar discloses GPS - [0145], [0152]- [0153], [0158], [Figure 4C]
Timotic discloses mobile software for keeping track of business operations. Kumar teaches a service provider matching system that can receive service provider data and preferences, customer data and preferences, and a customer request. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a map view 460 of matched service providers and GPS tracking unit associated with the service provider, as taught by Kumar, so service providers can be matched based on the nearest service provider to the customer location., Kumar [0158]
(Although not relied on, Speasl [026]- [027] further teaches a GPS system.)
Regarding Claim 14, (Original)
The photographer mobile application device of claim 13 further comprising a plurality of indicia.
Timotic discloses logos.
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Regarding Claim 15, (Original)
The photographer mobile application device of claim 13, wherein the photographer mobile application device can be programmed to send a text message to notify users of available photographers.
Similar to claim 10 - Timotic discloses Vagaro sends email, text, push notifications to automatically update clients and staff., Timotic [p. 13]
Regarding Claim 20, (Currently Amended)
A method of locating a photographer based on a user’s location in real-time using a software application, the method comprising the following steps: providing a photographer mobile application device comprising a software application that identifies the location of a photographer based on the GPS location of a user in real-time; accessing the software application; tracking the user in real-time via GPS on the application; identifying a nearby photographer via the GPS location of the user on the application; and booking the photographer for a period of time.
Claim 13 is similar to claim 1.
Timotic discloses appointment scheduling mobile application, Vagaro sends email, text, push notifications to automatically update clients and staff. And scheduling appointment nearby , Timotic [p. 13], [p. 1], [p. 3] [p.9]; and
Kushwaha teaches a GPS system … … by the GPS location
Kushwaha teaches Location based service (LBS) is … a [n].. application in mobile data services thanks to the rapid development in wireless communication and location positioning technologies. Users with location-aware wireless devices can query about their surroundings (e.g., finding the nearest restaurant or all shopping malls within 5 miles) at any place, anytime., Kushwaha [p.14], [p.15], [p.16], [Figure 1].
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Timotic discloses mobile software for keeping track of business operations. Kushwaha teaches Location based service (LBS) using a mobile device. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a user requesting entertainment service geographical position of the mobile device, as taught by Kushwaha, to help users find facility of interest indicated by user within a certain range., Kushwaha [p.20]
Kumar discloses GPS - [0145], [0152]- [0153], [0158], [Figure 4C]
Timotic discloses mobile software for keeping track of business operations. Kumar teaches a service provider matching system that can receive service provider data and preferences, customer data and preferences, and a customer request. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a map view 460 of matched service providers and GPS tracking unit associated with the service provider, as taught by Kumar, so service providers can be matched based on the nearest service provider to the customer location., Kumar [0158]
Claim(s) 5, 6, 7, 8, 9, 10, 12, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Timotic (2022, Vagaro Vs Fresha Vs Trafft: Which Is Best for Your Salon?) in view of Kushwaha (2011, Location based services using android mobile operating system) and Kumar (US 2020/0,219,163 A1) in further view of Speasl (US 2020/0,014,816 A1).
Regarding Claim 5, (Original)
The photographer mobile application device of claim 4, wherein the software application provides secure website or smartphone application access by users and photographers for availability and location.
Timotic discloses location and distance from location and website login. Timotic [p. 1]
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Speasl further teaches:
… secure website
Speasl discloses Fig 1 illustrates an overview of a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal., Speasl [026] –[027], [Figure 1], [007]
Timotic discloses mobile software for keeping track of business operations. Speasl discloses secure synchronization using the cloud server storage system. It would have been obvious to combine before the effective filing date, logging into a website to schedule appointments, as taught by Timotic, with a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal, as taught by Speasl, so data is secure or verifiably not tampered with., Speasl [003]
Regarding Claim 6, (Original)
The photographer mobile application device of claim 5 further comprising a web server and a … database of photographer identification, availability, and location data connectable to the smart device.
See claim 1, Timotic [p. 1]
Timotic does not teach:
… a Cloud database
Speasl teaches:
… a Cloud database
Speasl discloses Fig 1 illustrates an overview of a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal., Speasl [026] –[027], [Figure 1]
Timotic discloses mobile software for keeping track of business operations. Speasl discloses secure synchronization using the cloud server storage system. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal, as taught by Speasl, so data is secure or verifiably not tampered with., Speasl [003]
Regarding Claim 7, [and similarly claim 17] (Original)
The photographer mobile application device of claim 6, wherein … of photographer identification, location, and availability.
Similar to claim 6 - . Timotic [p. 1], [p. 3] [p.9];
Timoric does not teach:
a secure cloud server is used for protection and security
Speasl teaches:
a secure cloud server is used for protection and security
Speasl [026] –[027], [Figure 1]
Speasl discloses secure synchronization using the cloud server storage system. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal, as taught by Speasl, so data is secure or verifiably not tampered with., Speasl [003]
Regarding Claim 8, [and similarly claim 18] (Original)
The photographer mobile application device of claim 7, wherein user locations determined from the GPS system, photographer identifications, and availabilities are sent to the secure cloud server and collected.
Timotic [p. 1], [p. 3] [p.9] teaches mobile application for appointments with service providers, Kumar illustrates location and teaches GPS, Kumar [Figure 4c]; and Speasl teaches secure server Speasl [026] –[027], [Figure 1]
Speasl discloses secure synchronization using the cloud server storage system. It would have been obvious to combine before the effective filing date, scheduling appointments for businesses like freelance photographers, as taught by Timotic, with a cloud server storage system that provides secure synchronization between a mobile device media capture system and a server-based web service accessible through a web portal, as taught by Speasl, so data is secure or verifiably not tampered with., Speasl [003]
Regarding Claim 9, [and similarly claim 19] (Original)
The photographer mobile application device of claim 8, wherein data is stored and managed with a data management software or program.
Timotic discloses a dashboard related to a clients profile including SOAP notes. This useful feature keeps track of the details and booking history of individual clients., Timotic [p.9], Timotic discloses Vagaro tracks business operations: invoicing , inventory management. [p.3]
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(It would be obvious to one of ordinary skill in the art, that SOAP notes and purchase history are stores in a database. Although not relied on, Examiner further submits Speasl teaches databases of data. )
Regarding Claim 10, (Original)
The photographer mobile application device of claim 9, wherein a cellular wireless data network embedded in the smart device transmits both photographer identification data and availability to a user in real-time.
Timotic discloses Vagaro sends email, text, push notifications to automatically update clients and staff., Timotic [p. 13]
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Regarding Claim 11 (Canceled)
Regarding Claim 12, (Currently Amended)
The photographer mobile application device of claim 10, wherein the photographer mobile application device can be programmed to send a text message to notify users of available photographers.
Timotic discloses Vagaro sends email, text, push notifications to automatically update clients and staff., Timotic [p. 13], see claim 10
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Coley (US 8,244, 566 B1) online end-user mobile device appointment scheduling and business database may store data related to businesses registered with the online appointment scheduling.
Bowe (2022, Selecting Vendors on the Knot- YouTube) Selecting a photographer using a mobile app.
Shaer (US 2002/0128934 A1) wedding and vendor planning using an online system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/THEA LABOGIN/Examiner, Art Unit 3624 /PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624