DETAILED ACTION
Claims 21-40, now renumbered as 21-41 are presented for consideration.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 28, 28-40 been renumbered as claims 28-41.
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 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.
Claims 21-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 10,878,107, claims 1-51 of U.S. Patent No. 11,176,258, and claims 1-28 of U.S. Patent No. 11,983,279. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patents anticipate the claims of current application.
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 26, and 27 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.
Claims 26, and 27 recite the limitation "the at least one content intermediary". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-41 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nordman et al. [ US Patent Application No 2002/0174073 ], in view of Romney [ US Patent Application No 2006/0235803 ].
7. As per claim 21, Nordman discloses the invention as claimed including a system for providing content to at least one content delivery requirement entity, the system comprising:
at least one processor; and a memory storing instructions executable by the at least one processor to perform operations comprising:
storing first entity information that enables at least one content intermediary entity to cause delivery of first content to the at least one content delivery requirement entity [ i.e. service operator receives the subset of the user’s profile information, and provides personalized services to the user according to the received subset of the profile information ] [ 858-862, Figure 8C; and paragraphs 0186, 0187, 0190, and 0191 ];
storing profile information comprising at least one profile element indicating an attribute of a first entity [ i.e. profile database includes information associated with the user such a pattern of prior activity, transactional history, habit, profile of the user ] [ Figure 7A; and paragraphs 0066, 0171, and 0174 ]; and
wherein the system is arranged to provide for a private communication to the at least one content delivery requirement entity [ i.e. user device establishes communication link with other person’s device to form a personal area network (PAN) ] [ paragraphs 0131, 0133, and 0203 ].
Nordman does not specifically disclose
communicating, to the at least one content delivery requirement entity and in response to a delivery request for the first content, a token; and
communicating, over a network to the at least one content intermediary entity, the token and the first content based on the profile information.
Romney discloses
communicating, to the at least one content delivery requirement entity and in response to a delivery request for the first content, a token [ i.e. distribute the token to token receiver ] [ paragraphs 0016, 0054, and 0080 ]; and
communicating, over a network to the at least one content intermediary entity, the token and the first content based on the profile information [ i.e. relays the token identifier to the electronic communication utility ] [ 408, Figure 4; and paragraphs 0028, 0117, and 0135-0137 ].
It would have been obvious to a person skill in the art at the time the invention was made to combine the teaching of Nordman and Romney because the teaching Romney would enable to allow for customizing information for a particular personal contact [ Romney, paragraph 0039 ].
8. As per claim 22, Nordman discloses wherein the profile information is collected by a sensing device [ i.e. sensors ] [ paragraphs 0009, and 0070 ].
9. As per claim 23, Nordman discloses wherein the sensing device is a biometric sensor configured to sense at least one of a pulse rate, ECG, EEG, EMG, galvanic skin response, brain signals, respiration rate, body temperature, facial movement, facial expressions, or blood pressure [ paragraph 0122 ].
10. As per claim 24, Nordman discloses wherein the profile information may comprise habitual thought patterns [ i.e. habits ] [ paragraphs 0118-0122 ]
11. As per claim 25, Nordman discloses wherein: the operations further comprise receiving the first content; and the system further comprises a database that stores the first content after receipt [ i.e. user device receives the personalized services and user database ] [ paragraph 0155, and 0188 ].
12. As per claim 26, Nordman discloses wherein the operations further comprise: retrieving the first content from the database; and caching the first content in the at least one content intermediary [ Figure 11; and paragraphs 0224, 0236, and 0265 ].
13. As per claim 27, Nordman discloses wherein the database is configured to use an algorithm to weigh content elements of the at least one content intermediary based on the delivery request [ paragraphs 0013, 0018, and 0236 ].
14. As per claim 28, Nordman discloses wherein the database stores at least one access control group table [ Figure 7A and 7B; and paragraphs 0171-0177 ].
15. As per claim 29, Nordman discloses wherein the at least one content intermediary entity is arranged to process requests for sourcing data and wherein a recipient of the data to be sourced is anonymous with respect to the at least one content intermediary [ i.e. anonymous level ] [ Abstract; and paragraphs 0074, and 0133 ].
16. As per claim 30, Nordman discloses wherein the at least one content delivery requirement entity may be embedded in one of a mobile device, computing device, garment, motor vehicle, or building [ Figure 3A; and paragraphs 0126, and 0133 ].
17. As per claim 31, Nordman discloses wherein a trusted holder of the profile information retains information about a user associated with the profile information and information about a physio-psycho-social state of the first entity [ paragraphs 0118-0124 ].
18. As per claim 32, Nordman discloses wherein the delivery request is based on user input, the user input comprising at least one of current context or location of a user device [ paragraphs 0009, and 0061 ].
19. As per claim 33, Nordman discloses wherein the at least one profile element comprises medical information associated with the first entity [ paragraphs 0198, and 0207 ].
20. As per claim 34, Nordman discloses wherein the first data is associated with the first entity and comprises data based on information aggregated from second data of at least a second entity [ i.e. analyze all visitors or customers ] [ paragraphs 0162-0167 ].
21. As per claim 35, Nordman discloses wherein: the first content comprises a plurality of segments; and at least one of the segments is dynamically changeable based on a change to the first data [ i.e. subset or viewpoints of profile information ] [ paragraphs 0062, and 0154 ].
22. As per claim 36, Nordman discloses wherein the communication of the first content to the at least one content delivery requirement entity is triggered by an event independent from the delivery request [ paragraphs 0226, and 0234 ].
23. As per claim 37, Nordman discloses wherein the profile information is searchable to retrieve a profile content without disclosing the first entity [ i.e. inquiry matches one or more service profiles ] [ paragraph 0251-0253 ].
24. As per claim 38, Romney discloses wherein the token is a random value [ paragraph 0015 ].
25. As per claim 39, Nordman discloses wherein the first content is configured for display at the at least one content delivery requirement entity [ i.e. microbrowser displays GUI to enable the user to navigate through the pages of data being displayed ] [ paragraph 0103, and 0104 ].
26. As per claim 40, it is rejected for similar reasons as stated above in claim 1.
27. As per claim 41, it is rejected for similar reasons as stated above in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gorti et al. [ US Patent Application No 2006/0020508 ] discloses proxy-based profile management to deliver personalized services
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/DUSTIN NGUYEN/Primary Examiner, Art Unit 2446