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 .
Double Patenting
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 claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 67-86 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,889,388. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 18/525,430
Patent No. 11,889,388
67. (New) A computer-implemented method for providing admission to a location- based virtual group of users of mobile devices, the computer-implemented method comprising: defining the virtual group, wherein the virtual group comprises an anchor point with a geographic location around which a virtual group geographic area is centered and user interaction rules for the virtual group; receiving a first client device location associated with a first client device; and causing display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on the user interaction rules and a determination whether the first client device location is within the virtual group geographic area.
76. (New) An apparatus for providing admission to a location-based virtual group of users of mobile devices, the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to at least: define the virtual group, wherein the virtual group comprises an anchor point with a geographic location around which a virtual group geographic area is centered and user interaction rules for the virtual group; receive a first client device location associated with a first client device; and cause display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on the user interaction rules and a determination whether the first client device location is within the virtual group geographic area.
85. (New) A computer program product for providing admission to location-based virtual groups of users of mobile devices, the computer program product comprising at least one non-transitory computer-readable storage medium having computer-executable program code instructions stored therein, the computer-executable program code instructions comprising program code instructions for: defining the virtual group, wherein the virtual group comprises an anchor point with a geographic location around which a virtual group geographic area is centered and user interaction rules for the virtual group; receiving a first client device location associated with a first client device; and causing display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on the user interaction rules and a determination whether the first client device location is within the virtual group geographic area.
8. An apparatus for providing admission to location-based virtual groups of users of mobile devices, the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to at least: receive information from an administrator user to define a virtual group, the received information including an anchor point with a geographic location around which a geographic area of the virtual group is centered, a location boundary governing user admission to the virtual group, and user interaction rules that specify types of actions that users who are part of the virtual group may take; receive a current geographic location of a selected user; compare the current geographic location of the selected user to the location boundary and, in a circumstance in which the current geographic location satisfies the location boundary: cause outputting of a virtual group description interface to a display of a mobile device associated with the selected user; cause outputting of a join invitation interface to the display of the mobile device associated with the selected user; receive a join acceptance indication from the mobile device associated with the selected user based on user engagement of the join invitation interface; and in response to receiving the join acceptance indication, automatically update a participant list of the virtual group to include the selected user and provisioning communications among users of the participant list based on the user interaction rules for the virtual group.
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.
Claims 67-86 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 pre-AIA the applicant regards as the invention.
Claim 67, 76, 85, Applicant states: causing display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on the user interaction rules.
The Examiner submits that according to Applicant’s disclosure, displaying of a user interface is NOT based on or dependent on user interaction rules, since user interaction rules occur once a virtual group is formed between participants. Thus, displaying is incorrectly stated as being dependent on/based on user interaction rules.
Examiner advises Applicant cancelling the limitation, based on the user interaction rules, in order to align with Applicant’s concept.
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 of this title, 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.
Claims 67-86 rejected under 35 U.S.C. 103(a) as being unpatentable over Shapiro (US 2002/0019829) in view of Torvinen (US 2005/0113123).
Regarding Claim 67, 76, 85, Shapiro discloses apparatus for providing admission to a location-based virtual group of users of mobile devices, the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to at least: define the virtual group, wherein the virtual group comprises an anchor point with a geographic location around which a virtual group geographic area is centered and user interaction rules for the virtual group; (Paragraphs 0011, 0046, 0048-0049, 0050, 0052, 0059). Examiner submits that defining the virtual group, wherein the virtual group comprises an anchor point with a geographic location around which a virtual group geographic area is centered and user interaction rules for the virtual group is equivalent to Paragraphs 0049 and 0059. Paragraph 0059 explains the user interactions rules within the virtual group. Shapiro also discloses receive a first client device location associated with a first client device; and determination whether the first client device location is within the virtual group geographic area (Paragraph 0010-0011, 0059). Examiner submits that these limitations are equivalent to determining a geographical region in which the first user is located based on the geographical location information, and finding other users from the community of users who are located within the geographical region. Furthermore, according to Paragraph 0059, co-presence server 305 determines whether or not the caller belongs to one of the virtual groups created in and maintained by co-presence server 305.
Shapiro does not disclose cause display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on rules. However, Torvinen discloses display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on rules (Paragraph 0011 and 0076). Paragraph 0076 discloses display. Examiner submits that internal to establishment user interface of the first client device based on rules is equivalent to ones of the plurality of mobile terminals that comply with the group member criteria are then invited to join the location based group session. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the virtual group system of Paragraph 0059 Shapiro to incorporate display of an internal to establishment user interface or an external to establishment user interface to a visual display of the first client device based on rules, and since both Shapiro and Torvinen identically disclose group member criteria in a location based group session with rules, as evidenced by Paragraph 0059 Shapiro; Paragraph 0011 Torvinen.
Regarding Claim 68, Shapiro discloses wherein the virtual group geographic area is defined by a location boundary, the location boundary corresponding to physical boundaries of an establishment (0010-0011, 0046, 0048-0049, 0050, 0052, 0059).
Regarding Claim 69, Torvinen discloses wherein the internal to establishment user interface comprises a join virtual group invitation interface (Paragraphs 0011, 0076).
Regarding Claim 70, Torvinen discloses wherein the internal to establishment user interface comprises an establishment menu interface (Paragraphs 0011, 0076).
Regarding Claim 71, Torvinen discloses receiving an order request from the first client device, wherein the order request comprises one or more items; and initiating the order request (Paragraphs 0011, 0076).
Regarding Claim 72, Torvinen discloses wherein the external to establishment user interface comprises a join virtual group invitation interface. (Paragraphs 0011, 0076).
Regarding Claim 73, Torvinen discloses wherein the external to establishment user interface comprises a pre-order menu interface (Paragraphs 0011, 0076).
Regarding Claim 74, Torvinen discloses receiving a pre-order request from the first client device, wherein the pre-order request comprises one or more items (Paragraphs 0011, 0076).
Regarding Claim 75, Torvinen discloses in response to receiving the pre-order request; initiating the pre-order request (Paragraphs 0011, 0076). Shapiro discloses periodically receiving an updated first client device location; determining the updated first client device location is within the virtual group geographic area (0010-0011, 0046, 0048-0049, 0050, 0052, 0059).
Regarding Claim 77, Shapiro discloses wherein the virtual group geographic area is defined by a location boundary, the location boundary corresponding to physical boundaries of an establishment (0010-0011, 0046, 0048-0049, 0050, 0052, 0059).
Regarding Claim 78, Torvinen discloses wherein the internal to establishment user interface comprises a join virtual group invitation interface (Paragraphs 0011, 0076).
Regarding Claim 79, Torvinen discloses wherein the internal to establishment user interface comprises an establishment menu interface (Paragraphs 0011, 0076).
Regarding Claim 80, Torvinen discloses receiving an order request from the first client device, wherein the order request comprises one or more items; and initiating the order request (Paragraphs 0011, 0076).
Regarding Claim 81, Torvinen discloses wherein the external to establishment user interface comprises a join virtual group invitation interface. (Paragraphs 0011, 0076).
Regarding Claim 82, Torvinen discloses wherein the external to establishment user interface comprises a pre-order menu interface (Paragraphs 0011, 0076).
Regarding Claim 83, Torvinen discloses receiving a pre-order request from the first client device, wherein the pre-order request comprises one or more items (Paragraphs 0011, 0076).
Regarding Claim 84, Torvinen discloses in response to receiving the pre-order request; initiating the pre-order request (Paragraphs 0011, 0076). Shapiro discloses periodically receiving an updated first client device location; determining the updated first client device location is within the virtual group geographic area (0010-0011, 0046, 0048-0049, 0050, 0052, 0059).
Regarding Claim 86, Torvinen discloses wherein the internal to establishment user interface comprises an establishment menu interface and the computer- executable program code instructions further comprising program code instructions for: receiving an order request from the first client device, wherein the order request comprises one or more items; and initiating the order request (Paragraphs 0011, 0076).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKUR JAIN whose telephone number is (571)272-9747. The examiner can normally be reached on Monday-Friday 10:00-6:00
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/ANKUR JAIN/ Primary Examiner, Art Unit 2649
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