DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Current application is CON of 16/902,125 filed 6/15/2020; 16/902,125 is CON of 13/844,708 filed 3/15/2023; 13/844,708 is CON of 13/037,337 filed on 2/28/2011 and is CIP of 11,936, 781 filed 11/07/2007; 13/037,337 is CIP of 11/838,213 filed on 08/13/2007 and CIP of 11,464,880 filed on 8/16/2006.
Examiner acknowledges no foreign priority is claimed.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/5/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/3/2025 has been entered.
Response to Arguments
Applicant's arguments filed 10/3/2025 have been fully considered.
The examiner acknowledges that no claim amendment for claims 9-41 or no terminal disclaimer has been filed to overcome Double Patenting Rejection. Therefore, Double patenting rejection is maintained.
Cancellation of new claim 42 has been acknowledged.
Amendment to claim 9 has been acknowledged.
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 9-41 and 43-44 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 30-31 of U.S. Patent No. 11,971,491 in view of Dupray (US 2004/0198386 A1).
Current Application
18/651,593)
Patent No. 11,971,491
(Reference Application
16/902,125)
9. A method for providing location-based information to a wireless communication mobile unit,
wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit,
comprising performing the following by electronic computational equipment:
acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
determining, by the electronic computational equipment, a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition and (ii) at least one non- geographical condition;
wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information,
wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and
wherein the location estimate is substantially on the route R;
wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item;
wherein the at least one geographic related condition is evaluated using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information;
determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user;
wherein after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit.
1. A method for providing location-based information to a wireless communication mobile unit,
wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit,
comprising performing the following by electronic computational equipment:
acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
determining, by the electronic computational equipment, a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition, and (ii) at least one non-geographical condition, wherein a satisfaction of the at least one geographic related condition is dependent upon geographic data for an extent between a location for the at least one item and a geographic identification,
wherein a satisfaction of the at least one non-geographical condition is dependent upon non-geographical data for providing the user access to the at least one item when the at least one item is identified as available for access, and non-geographical preference data obtained from the user for requesting access to the at least one item;
wherein an evaluation of the at least one non-geographical condition determines whether the user has priority for accessing the at least one item;
wherein the at least one geographic related condition is satisfied by obtaining (a) information for a time of travel between the location for the at least one item, and the geographic identification, or (b) information for a distance of travel between the location for the at least one item, and the geographic identification; and
wherein the geographic identification includes data specifying a route, R,
wherein the location estimate is substantially on the route R, and
wherein a final destination for the route R is different from the location for the at least one item;
determining the location-based information based on the location estimate, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user.
Claim 9 of current application is disclosed by claim 1 of US patent 11,971,491, in view of Dupray (US 2004/0198386 A1). The italic portions are disclosed in different order by US patents 11,971,491.
The underlined portions are different, which are taught by Dupray (US 2004/0198386 A1).
38. A system for providing location-based information to a wireless communication mobile unit, wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit, comprising:
a locater for acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
electronic computational equipment for determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (1) at least one geographic related condition and
(ii) at least one non- geographical condition;
wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information,
wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and wherein the location estimate is substantially on the route R;
wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item;
wherein an evaluation of the at least one non-geographical condition determines, using data related to user access for one or more other items, whether the user is preferred for accessing the at least one item; and
wherein the at least one geographic related condition is satisfied using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information;
computational equipment for determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
a wireless transmitter for transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user;
wherein after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit.
30. A system for providing location-based information to a wireless communication mobile unit, wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit, comprising:
a locater for acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
electronic computational equipment for determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition
(ii) at least one non-geographical condition wherein a satisfaction of the at least one geographic related condition is dependent upon geographic data for an extent between a location for the at least one item and a geographic identification,
wherein a satisfaction of the at least one non-geographical condition is dependent upon non-geographical data for providing the user access to the at least one item when the at least one item is identified as available for access, and non-geographical preference data obtained from the user for requesting access to the at least one item;
wherein an evaluation of the at least one non-geographical condition determines
whether the user has priority for accessing the at least one item;
wherein the at least one geographic related condition is satisfied by obtaining (a) information for a time of travel between the location for the at least one item, and the geographic identification, or (b) information for a distance of travel between the location for the at least one item, and the geographic identification; and
wherein the geographic identification includes data specifying a route, R, wherein the location estimate is substantially on the route R, and wherein a final destination for the route R is different from the location for the at least one item; computational equipment for determining the location-based information based on the location estimate, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
a wireless transmitter for transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user.
Claim 38 of current application is disclosed by claim 30 of US patent 11,971,491, in view of Dupray (US 2004/0198386 A1).
The italic portions are disclosed in different order by US patents 11,971,491.
The underlined portions are different, which are taught by Dupray (US 2004/0198386 A1).
39. A non-transitory computer-readable medium for providing location-based information to a wireless communication mobile unit,
wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit, comprising computer-executable code for performing the following:
acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information,
wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and wherein the location estimate is substantially on the route R;
wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item;
wherein an evaluation of the at least one non-geographical condition determines, using data related to user access for one or more other items, whether the user is preferred for accessing the at least one item; and
wherein the at least one geographic related condition is satisfied using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information;
determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user;
wherein after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit.
31. A non-transitory computer-readable medium for providing location-based information to a wireless communication mobile unit,
wherein each of a plurality fixed location communication stations includes one or more of a transmitter and a receiver for wirelessly communicating with said wireless communication mobile unit, comprising computer- executable code for performing the following:
acquiring a location estimate of the wireless communication mobile unit using wireless signal measurements obtained from transmissions between said wireless communication mobile unit and the plurality of fixed location communication stations for determining the location estimate;
determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences;
wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition,
wherein a satisfaction of the at least one non-geographical condition is dependent upon non-geographical data for providing the user access to the at least one item when the at least one item is identified as available for access, and non-geographical preference data obtained from the user for requesting access to the at least one item;
wherein an evaluation of the at least one non-geographical condition determines whether the user has priority for accessing the at least one item;
wherein the at least one geographic related condition is satisfied by obtaining (a) information for a time of travel between the location for the at least one item, and the geographic identification, or (b) information for a distance of travel between the location for the at least one item, and the geographic identification; and
wherein the geographic identification includes data specifying a route, R, wherein the location estimate is substantially on the route R, and wherein a final destination for the route R is different from the location for the at least one item;
determining the location-based information based on the location estimate, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item; and
transmitting, on a wireless network, the location-based information to the mobile unit and for presentation on the mobile unit to the user.
Claim 39 of current application is disclosed by claim 31 of US patent 11,971,491, in view of Dupray (US 2004/0198386 A1). The italic portions are disclosed in different order by US patents 11,971,491.
The underlined portions are different, which are taught by Dupray (US 2004/0198386 A1).
Claims 9-41 and 43-344 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 30-31 of U.S. Patent No. 11,971,491 in view of Dupray (US 2004/0198386 A1).
Regarding independent claim 9 of the current application, (US patent 11,971,491) discloses all the claimed invention. US patent 11,971,491 does not explicitly disclose “geographic travel information “, “determined by the computational equipment using at least one location of the mobile unit”, “wherein after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit.”
Dupray (US 2004/0198386 A1) relates to complex network services such as location based services for locating people or objects, and in particular, to a system and method for locating wireless mobile stations. Dupray (US 2004/0198386 A1) teaches “geographic travel information (paragraph 37: location enhancement techniques were used such as snap an estimated MS location to a nearest likely roadway, e.g., given an MS direction of travel, speed and previous location estimates; paragraph 672: there may also be roaming services wherein the various portions of the user's profile and/or attachments thereto may become active depending on the geographic location of the user…for example, a hotel chain may offer regional and/or global wireless concierge services wherein local location based information, such as pre-selected restaurants, shopping areas, points of interest, entertainment, exercise areas, travel routes, bus (train or boat) schedules, parking areas (e.g., where may be subsidized by the hotel chain), sports equipment rentals, emergency services (police, fire, etc.), that is in a geographical area (such as a metropolitan area, a resort area, a theme park or other relatively local area) where the user is located is automatically activated as the "current" set of locations to receive priority when the user enters a request that can be satisfied by entities identified in such local location based information)“, “determined by the computational equipment using at least one location of the mobile unit (Figure 5)”, “wherein after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit (paragraph 677: the MS display may provide an area for entering an identification of a product/service name).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the method of the current application with the teaching of (US patent 11,971,491) for providing improved location-based information (US patent 11,971,491) – paragraph 2).
Regarding independent claim 38 of the current application, (US patent 11,971,491) discloses all the claimed invention. US patent 11,971,491 does not explicitly disclose “using data related to user access for one or more other items”, “after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit.”
Dupray (US 2004/0198386 A1) complex network services such as location based services for locating people or objects, and in particular, to a system and method for locating wireless mobile stations. Dupray (US 2004/0198386 A1) teaches “using data related to user access for one or more other items (paragraph 37: location enhancement techniques were used such as snap an estimated MS location to a nearest likely roadway, e.g., given an MS direction of travel, speed and previous location estimates; paragraph 672: there may also be roaming services wherein the various portions of the user's profile and/or attachments thereto may become active depending on the geographic location of the user…for example, a hotel chain may offer regional and/or global wireless concierge services wherein local location based information, such as pre-selected restaurants, shopping areas, points of interest, entertainment, exercise areas, travel routes, bus (train or boat) schedules, parking areas (e.g., where may be subsidized by the hotel chain), sports equipment rentals, emergency services (police, fire, etc.), that is in a geographical area (such as a metropolitan area, a resort area, a theme park or other relatively local area) where the user is located is automatically activated as the "current" set of locations to receive priority when the user enters a request that can be satisfied by entities identified in such local location based information)”, “after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit (paragraph 677: the MS display may provide an area for entering an identification of a product/service name).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the system of the current application with the teaching of (US patent 11,971,491) for providing improved location-based information (US patent 11,971,491) – paragraph 2).
Regarding independent claim 39 of the current application, (US patent 11,971,491) discloses all the claimed invention. US patent 11,971,491 does not explicitly disclose “a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information”, “geographic travel information (paragraph 37: location enhancement techniques were used such as snap an estimated MS location to a nearest likely roadway, e.g., given an MS direction of travel, speed and previous location estimates; paragraph 672: there may also be roaming services wherein the various portions of the user's profile and/or attachments thereto may become active depending on the geographic location of the user…for example, a hotel chain may offer regional and/or global wireless concierge services wherein local location based information, such as pre-selected restaurants, shopping areas, points of interest, entertainment, exercise areas, travel routes, bus (train or boat) schedules, parking areas (e.g., where may be subsidized by the hotel chain), sports equipment rentals, emergency services (police, fire, etc.), that is in a geographical area (such as a metropolitan area, a resort area, a theme park or other relatively local area) where the user is located is automatically activated as the "current" set of locations to receive priority when the user enters a request that can be satisfied by entities identified in such local location based information”, “after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit (paragraph 677: the MS display may provide an area for entering an identification of a product/service name)”.
Dupray (US 2004/0198386 A1) complex network services such as location-based services for locating people or objects, and in particular, to a system and method for locating wireless mobile stations. Dupray (US 2004/0198386 A1) teaches “a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information”, “geographic travel information (paragraph 37: location enhancement techniques were used such as snap an estimated MS location to a nearest likely roadway, e.g., given an MS direction of travel, speed and previous location estimates; paragraph 672: there may also be roaming services wherein the various portions of the user's profile and/or attachments thereto may become active depending on the geographic location of the user…for example, a hotel chain may offer regional and/or global wireless concierge services wherein local location based information, such as pre-selected restaurants, shopping areas, points of interest, entertainment, exercise areas, travel routes, bus (train or boat) schedules, parking areas (e.g., where may be subsidized by the hotel chain), sports equipment rentals, emergency services (police, fire, etc.), that is in a geographical area (such as a metropolitan area, a resort area, a theme park or other relatively local area) where the user is located is automatically activated as the "current" set of locations to receive priority when the user enters a request that can be satisfied by entities identified in such local location based information)“, “after the transmitting of the location-based information, data indicative of an identification and the location for the at least one item is presented via the mobile unit (paragraph 677: the MS display may provide an area for entering an identification of a product/service name).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the non-transitory computer-readable medium of the current application with the teaching of (US patent 11,971,491) for providing improved location-based information (US patent 11,971,491) – paragraph 2).
Allowable Subject Matter
Claims 9-25, 33-37, 40-41 and 43-44 are allowed if double patenting rejection is overcome.
Allowable subject matter:
“the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition and (ii) at least one non- geographical condition; wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information, wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and wherein the location estimate is substantially on the route R; wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item; wherein the at least one geographic related condition is evaluated using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information; determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item.”
Claims 38 and 26-32 are allowed if double patenting rejection is overcome.
Allowable subject matter:
“electronic computational equipment for determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences; wherein the preferences are for a user of the wireless communication mobile unit, and the preferences are indicative of (i) at least one geographic related condition and (ii) at least one non- geographical condition; wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information, wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and wherein the location estimate is substantially on the route R; wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item; wherein an evaluation of the at least one non-geographical condition determines, using data related to user access for one or more other items, whether the user is preferred for accessing the at least one item; and wherein the at least one geographic related condition is satisfied using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information; computational equipment for determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item.”
Claim 39 is allowed if double patenting rejection is overcome.
Allowable subject matter:
“determining a satisfaction of one or more preferences indicative of data in a persistent electronic data storage separate from the wireless communication mobile unit for providing information for accessing at least one item dependent upon the satisfaction of the preferences; wherein a satisfaction of the at least one geographic related condition is dependent upon data indicative of travelling between a location for the at least one item and a location for geographic travel information, wherein the geographic travel information includes data indicative of a route, R, determined by the computational equipment using at least one location of the mobile unit, and wherein the location estimate is substantially on the route R; wherein a satisfaction of the at least one non-geographical condition is dependent upon (i) non-geographical data for accessing the at least one item by the user as well as other users of wireless mobile units, and (ii) non-geographical preference data, obtained in accordance with user preference input from the user, for notifying the user for accessing to the at least one item; wherein an evaluation of the at least one non-geographical condition determines, using data related to user access for one or more other items, whether the user is preferred for accessing the at least one item; and wherein the at least one geographic related condition is satisfied using (a) information for a time of travel between the location for the at least one item, and the location for the geographic travel information, or (b) information for a distance of travel between the location for the at least one item, and the location for geographic travel information; determining the location-based information based on the location for geographic travel information, and on the location for the at least one item, the location-based information including identification information for identifying the at least one item, and location data for the location for the at least one item.”
Closest prior art found to be:
Dupray (US 2004/0198386) describes system and method for providing complex network services requiring interactions between various network accessible applications and/or services, and in particular where such complex services utilize or require the location of a wireless mobile station…a platform for enabling such complex services, and to identifying such novel services that may be provided by such a platform…complex network services such as location based services for locating people or objects, and in particular, to a system and method for locating wireless mobile stations…using a plurality of mobile station location estimators such as is provided by a wireless location gateway (paragraph 2).
Karr et al. (US 2003/0222820 A1) describes that the signal processing subsystem supports a variety of wireless network signaling measurement capabilities by detecting the capabilities of the mobile and base station through messaging structures provided at the location application programming interface…detection is accomplished in the signal classifier by referencing a mobile station database table within the signal processor database, which provides, given a mobile station identification number, mobile station revision code, other mobile station characteristics…the signal classifier/filter adds additional message header information that further classifies the measurement data which allows the digital signal processor and image filter components to select the proper internal processing subcomponents to perform operations on the signal measurement data, for use by the location estimate modules (paragraph 233).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Altman et al. (US 8,571,580 B2) describes embodiments of a location-based social network manager process are described…the process is executed on a server computer coupled to a plurality of mobile communication devices over a wireless network…at least some of the mobile devices are location-aware mobile communication devices…the process determines the geographic location of a mobile communication device operated by a user within an area, displays a map representation of the area around the mobile communication device on a graphical user interface of the mobile communication device, and superimposes on the map the respective locations of one or more other users of mobile communication devices coupled to the mobile communication device over the network…the user can build a database of friends among the one or more other users whose location can be displayed on each respective mobile communication device. Robust privacy features allow users to define who among his or her network of friends can view the location information on their mobile communication devices…messaging and alert functions using the communications capability of the mobile device can incorporate the location information resulting in interaction among users based on user identity as well as relative position to one another…other location-based items, such as places of interest, events, and the like can also be displayed on each respective user's mobile communication device (column 1 line 54-column 2 line 11).
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/NUZHAT PERVIN/Primary Examiner, Art Unit 3648