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
Response to Arguments
In communications filed on 3/17/2026, claims 1-12 are presented for examination. Claims 1 and 8 are independent.
Amended claim(s): 8 and 10.
Applicants’ arguments, see Applicant Arguments/Remarks filed 3/17/2026, with respect to claim(s) rejected under 35 USC 112(b) have been fully considered but are not persuasive. Claim 1 recites the multiple instances of "a user", “a user profile”. It is not clear whether the multiple instances of “a user” and “a user profile” are referencing the same entity or a different entity making the claim scope unclear. Applicant’s arguments that multiple references to “a user” and “a user profile” is the same entity throughout the claim is not persuasive. ‘A’ is used when referring to a general, non-specific element or an element introduced for the first time. Use “the” when referring to the same element subsequently to clarify that the limitation is referring back to the same element introduced earlier. As drafted, the claim scope is unclear. Note further, claim recites optional elements using the term “may” rendering the claim scope unclear.
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 1-7 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. Claim 1 recites the multiple instances of "a user", “a user profile”. It is not clear whether the multiple instances of “a user” and “a user profile” are referencing the same entity or a different entity making the claim scope unclear.
Claims 8-12 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. Claim 8 recites in the first limitation "wherein said first computing device is configured to transmit, to the second computing device" creating an antecedent issue rendering the claim scope unclear. Claim 8 further recites in a subsequent limitation “locating a second computing device” It is not clear whether “the second computing device” is the same element being referred subsequently by “a second computing device” rendering the claim scope unclear. Similarly, the claim recites multiple instances of “an identifying address of the first computing device” causing ambiguity.
Claim 10 is 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. Claim recites optional elements using “may” rendering the claim scope unclear.
Conclusion
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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/SYED A ZAIDI/Primary Examiner, Art Unit 2432
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