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 .
This action is in response to amendment filed on October 23, 2025.
Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 13-15, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin U.S. Patent Application Publication Number 2015/0245168 A1 (hereinafter Martin).
As per claim 13, Martin discloses a system for communicating with nearby users in an application program, the system comprising:
at least one user computing device in operable connection with a user network (see plurality of user devices 102 and 104 on page 11 section [0073] and Figure 1);
an application server in operable communication with the user network (see server machine for facilitating location-based social networks 112 on page 11 section [0073] and Figure 1), the application server configured to host an application system for providing a communication platform to permit a first user to communicate with a second user (see user identify other users on the selected radius for communication on page 22 section [0147] and Figure 14D), wherein the first user and second user are within a user-defined radius (see user defined radius and place marker on the map on page 22 section [0117] and see user communicate with other users fall within the expandable marker 1402, or radius as claimed, on page 22 section [0148]), the application system having a user interface module for providing access to the application system through the user computing device (see user interface for selecting other users to communicate withing radius 1402 on Figure 14A-D and see interface for interacting with other matched users on page 18 section [0119] and on Figure 8A);
a location module in communication with the application program, the location module to determine a location of a first user and at least a second user (see real time location tracking of user device presented on a map using global positioning system GPS on page 2 section [0004]), and to permit the communication between the first user and second user if each user is within a user-defined radius (see user identify other users on the selected radius for communication on page 22 section [0147] and Figure 14D), wherein the first user designates a radius around the user-designated location such that a privacy setting disables the first user's location while the first user is within the radius (see user can set privacy feature disabling other users to access location tracking at set location on page 22 section [0154]);
a radar interface to display a plurality of user icons on a map (see map interface with a radar circle 1402 on page 22 section [0147] and Figure 14D), the plurality of user icons each associated with a user, wherein each of the plurality of icons represents the location of each user (see users with graphical markers 1401-1412 within user defined radius 1402 on page 22 section [0147] and Figure 14D and see user icon including images, photograph, avatar, shape, symbol, name, etc. on page 18 section [0118]);
a tracking module in communication with the application program, the tracking module to permit the real-time location sharing of the first user to the second user (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]), wherein the tracking module permits the tracking of the first user, by the second user (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]), between a first location and the at least one user-designated location (see user privacy feature allowing other users to access location tracking at set location on page 22 section [0154]);
a communication module to transmit an alert to the second user upon the first user arriving at a destination (see transmitting a notification that user is near a location on page 22 section [0155]);
a user module to permit each user to input one or more user preferences, the one or more user preferences including at least one privacy setting and the user-defined radius (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]).
As per claim 14, Martin discloses the system of claim 13, wherein the at least one privacy settings permits the user to disable their location (see user disabling location tracking based on privacy feature on page 22 section [0154]).
As per claims 15, Martin discloses the system of claim 13, wherein the at least one privacy setting includes user-associated information comprising at least one of the following: a plurality of personal information, one or more images, and one or more social media profiles (see personal information such as social media profile information including name and phone number on page 5 section [0014]).
As per claim 17, Martin discloses the system of claim 13, wherein the user module stores at least one user-designated location associated with the first user (see user designated radius marker 1402 on page 22 section [0147]).
As per claim 18, Martin discloses the system of claim 13, wherein the enablement of the privacy setting permits the first user to disable their location until the privacy setting is disabled by the first user (see user can set privacy feature allowing other users to access location tracking at set location on page 22 section [0154]).
As per claim 19, Martin discloses the system of claim 13, wherein the user module stores at least one user-designated location associated with the first user (see user can set stored marker 1402 as designated location on page 22 section [0147]).
As per claim 20, Martin discloses a computer program product comprising a non-transitory computer usable medium having computer-readable program code embodied therein, wherein the computer readable program code, when executed by a computing system, causes the computing system to implement a method comprising the steps of:
determining, via a location module, a location of a first user and at least a second user (see real time location tracking of user devices presented on a map using global positioning system GPS on page 2 section [0004]);
permitting the sharing of locations between the first user and the second user (see user interface for selecting other users to communicate withing radius 1402 on Figure 14A-D and see interface for interacting with other matched users on page 18 section [0119] and on Figure 8A) if each user is within a user-defined radius using a tracking module (see user identify other users on the selected radius for communication on page 22 section [0147] and Figure 14D),
inputting, via a user module operated by the first user and the second user, one or more user preferences to establish one or more privacy settings and to establish the user defined radius (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]).
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.
Claims 1-3, 5-12 are rejected under 35 U.S.C. 103 as being unpatentable Martin U.S. Patent Application Publication Number 2015/0245168 A1 (hereinafter Martin), and further in view of Brody et al. U.S. Patent Application Publication Number 2024/0314515 A1 (hereinafter Brody).
As per claim 1, Martin discloses a system for communicating with nearby users in an application program, the system comprising:
at least one user computing device in operable connection with a user network (see plurality of user devices 102 and 104 on page 11 section [0073] and Figure 1);
an application server in operable communication with the user network (see server machine for facilitating location-based social networks 112 on page 11 section [0073] and Figure 1), the application server configured to host an application system for providing a communication platform to permit a first user to communicate with a second user (see user identify other users on the selected radius for communication on page 22 section [0147] and Figure 14D), wherein the first user and second user are within a user-defined radius (see user defined radius and place marker on the map on page 22 section [0117] and see user communicate with other users fall within the expandable marker 1402, or radius as claimed, on page 22 section [0148]), the application system having a user interface module for providing access to the application system through the user computing device (see user interface for selecting other users to communicate withing radius 1402 on Figure 14A-D and see interface for interacting with other matched users on page 18 section [0119] and on Figure 8A);
a location module in communication with the application program, the location module to determine a location of a first user and at least a second user, and to permit the communication between the first user and second user if each user is within a user-defined radius (see real time location tracking of user device presented on a map using global positioning system GPS on page 2 section [0004]); and
a tracking module in communication with the application program, the tracking module to permit the real-time location sharing of the first user to the second user (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]);
a user module to permit each user to input one or more user preferences, the one or more user preferences including at least one privacy setting and the user-defined radius (see privacy feature setting allowing location sharing within set radius and to specified users on page 22 section [0154]).
Martin do not disclose expressly: wherein the one or more user preferences further include a ghost mode setting that conceals a user's location while allowing communication, and a home zone setting that designates one or more geographic areas in which the user's location is selectively hidden.
Brody teaches: wherein the one or more user preferences further include a ghost mode setting that conceals a user's location while allowing communication (see ghost mode setting turning off location displaying while retaining location service communication on page 4 section [0038]), and a home zone setting that designates one or more geographic areas in which the user's location is selectively hidden (see specified location to home that is hidden with ghost mode on page 2 section [0020]).
Martin and Brody are analogous art because they are from the same field of endeavor, user geo-location social network systems. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate ghost mode in the social network system. The motivation for doing so would have been to selectively hide user location such as at home (see page 2 section [0020] in Brody). Therefore, it would have been obvious to combine Martin and Brody for the benefit of using ghost mode to obtain the invention as specified in claim 1.
As per claim 2, Martin and Brody disclose the system of claim 1, wherein the at least one privacy settings permits the user to disable their location (see user disabling location tracking based on privacy feature on page 22 section [0154] in Martin). The motivation to combine is same as above.
As per claims 3, Martin and Brody disclose the system of claim 1, wherein the at least one privacy setting includes user-associated information comprising at least one of the following: a plurality of personal information, one or more images, and one or more social media profiles (see personal information such as social media profile information including name and phone number on page 5 section [0014] in Martin). The motivation to combine is same as above.
As per claim 5, Martin and Brody disclose the system of claim 1, further comprising a radar interface to display map (see map interface with a radar circle 1402 on page 22 section [0147] and Figure 14D in Martin). The motivation to combine is same as above.
As per claim 6, Martin and Brody disclose the system of claim 5, wherein the map includes a plurality of user icons associated with one or more users within the user-defined radius (see users with graphical markers 1401-1412 within user defined radius 1402 on page 22 section [0147] and Figure 14D and see user icon including images, photograph, avatar, shape, symbol, name, etc. on page 18 section [0118] in Martin). The motivation to combine is same as above.
As per claim 7, Martin and Brody disclose the system of claim 1, wherein the user module stores at least one user-designated location associated with the first user (see user designated radius marker 1402 on page 22 section [0147] in Martin). The motivation to combine is same as above.
As per claim 8, Martin and Brody disclose the system of claim 7, wherein the tracking module permits the tracking of the first user, by the second user, between a first location and the at least one user-designated location (see user privacy feature allowing other users to access location tracking at set location on page 22 section [0154] in Martin). The motivation to combine is same as above.
As per claim 9, Martin and Brody disclose the system of claim 8, further comprising a communication module to transmit an alert to the second user upon the first user arriving at the at least one home location (see transmitting a notification that user is near a location on page 22 section [0155] in Martin). The motivation to combine is same as above.
As per claim 10, Martin and Brody disclose the system of claim 2, wherein the enablement of the privacy setting permits the first user to disable their location until the privacy setting is disabled by the first user (see user can set privacy feature allowing other users to access location tracking at set location on page 22 section [0154] in Martin). The motivation to combine is same as above.
As per claims 11, Martin and Brody disclose the system of claim 2, wherein the user module stores at least one user-designated location associated with the first user (see user can set stored marker 1402 as designated location on page 22 section [0147] in Martin). The motivation to combine is same as above.
As per claim 12, Martin and Brody disclose the system of claim 11, wherein the first user can designate a radius around the user-designated location such that the privacy setting disables the first user's location while the first user is within the radius (see user can set privacy feature disabling other users to access location tracking at set location on page 22 section [0154] in Martin). The motivation to combine is same as above.
Claims 4, 16, are rejected under 35 U.S.C. 103 as being unpatentable Martin U.S. Patent Application Publication Number 2015/0245168 A1 (hereinafter Martin), further in view of Brody et al. U.S. Patent Application Publication Number 2024/0314515 A1 (hereinafter Brody), and further in view of Montoya et al. U.S. Patent Application Publication Number 2017/0358033 A1 (hereinafter Montoya).
As per claims 4, 16, Martin and Brody do not disclose expressly: wherein the user module stores, via a user database, a plurality of points accrued by the user.
Montoya teaches: wherein the user module stores, via a user database, a plurality of points accrued by the user (see in a geo-located social network communication system, user can be provided with reward points for activities being tracked by the server on page 2 section [0015] and see user can purchase virtual points within the social network system for various activities on page 2 section [0019]).
Martin and Montoya are analogous art because they are from the same field of endeavor, user geo-location social network systems. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate points in the social network system. The motivation for doing so would have been to use social network points to reward user behaviors (see page 2 section [0015] in Montoya). Therefore, it would have been obvious to combine Martin and Brody and Montoya for the benefit of using points accrued by the user to obtain the invention as specified in claims 4, 16.
Response to Arguments
Applicant’s arguments, see Remarks on page 8, filed October 23, 2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Brody et al. U.S. Patent Application Publication Number 2024/0314515 A1 (hereinafter Brody).
Martin do not disclose expressly: wherein the one or more user preferences further include a ghost mode setting that conceals a user's location while allowing communication, and a home zone setting that designates one or more geographic areas in which the user's location is selectively hidden.
Brody teaches: wherein the one or more user preferences further include a ghost mode setting that conceals a user's location while allowing communication (see ghost mode setting turning off location displaying while retaining location service communication on page 4 section [0038]), and a home zone setting that designates one or more geographic areas in which the user's location is selectively hidden (see specified location to home that is hidden with ghost mode on page 2 section [0020]).
Martin and Brody are analogous art because they are from the same field of endeavor, user geo-location social network systems. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate ghost mode in the social network system. The motivation for doing so would have been to selectively hide user location such as at home (see page 2 section [0020] in Brody). Therefore, it would have been obvious to combine Martin and Brody for the benefit of using ghost mode to obtain the invention as specified in claim 1.
Applicant's arguments filed on October 23, 2025 have been fully considered but they are not persuasive.
As per claims 1, 13, 20, applicant asserts that Martin do not disclose communication access is conditioned on proximity within a user-specified distance (see Remarks on page 7). The examiner respectfully disagrees. Martin discloses privacy feature condition of user setting making user to be visible only within one mile radius of their location on a page 22 section [0154].
As per claims 1, 13, 20, applicant asserts that Martin do not disclose user selectively share his or her real time location direct with another user (see Remarks on page 7). The examiner respectfully disagrees. Martin discloses privacy feature condition of user setting making user to be visible only to their family and friends on a page 22 section [0154].
As per claims 1, 13, 20, applicant asserts that Martin do not disclose user to define such preferences on communication eligibility based on location (see Remarks on page 7). The examiner respectfully disagrees. Martin discloses privacy feature condition of user setting making user to be visible only within one mile radius of their location on a page 22 section [0154].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN S CHOU whose telephone number is (571)272-5779. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris L Parry can be reached at (571)272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN S CHOU/Primary Examiner, Art Unit 2451