DETAILED ACTION
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 .
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.
Claim 11, 17 and 19 are rejected under 35 U.S.C. 112(b), 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 11 recites the limitation “between the second computing device and the second computing device” in lines 2 and 3, which appears erroneous. For examination purposes, the examiner has interpreted this as being between the first and second computing devices.
Claim 17 recites the limitation "wherein the second location" in line 1. There is insufficient antecedent basis for this limitation in the claims. Claim 1 recites an identification of a geographic location and a location of a device and it is unclear which location applicant is referring to. For examination purposes, examiner has interpreted “the second location” as being the geographic location.
Claim 19 recites the limitation “causing a user interface to display on the first computing device enabling a recipient to communication with an entity associated with the second computing device”, which appears confusing and/or unclear. For further examination, the examiner has interpreted this to be enabling the first computing device to communicate with an entity associated with the second computing device.
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 1-6, 9-12, 14-18 and 20-25 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2010/0113066 to Dingler in view of U.S. Patent Pub. 2011/0269479 to Ledlie and U.S. Patent Pub. 2012/0072340 to Amron.
Regarding independent claims 1, 24 and 25, Dingler teaches a location-based method for communication, the method comprising:
identifying a geographic location in a geographical area (see Fig. 2 and sections [0032] through [0034] and [0050], where the sender 40 enters a location and associated geo-boundary for a message);
adding an unfound message to an unfound message list with a server, the server configured to identify location specific content for a plurality of computing devices based on the unfound message list that is stored on the server and the unfound message list associated with unfound messages for individual computing devices of the plurality of computing devices (see section [0062], where the message server receives the message, and stores the message along with the unique ID in a repository, e.g., storage system 22B. It also registers the trigger location and time into the location based service for scheduling. The “unfound” message is interpreted as the message waiting to be sent/not yet received by the destination device);
identifying a current location of a second device, the second device being a different device than the first computing device (see Fig. 4 and section [0069], where at step 405, the location-based service receives the location information from the recipient's device).
Regarding the feature in claims 1, 24 and 25 reciting:
“initiating transmission of data corresponding to the unfound message to a first computing device via a network that causes the first computing device to display an indication of the unfound message without displaying contents of the unfound message”, although Dingler teaches, as seen in Fig. 4, the delivery of a message based on the destination deceive crossing a boundary, as it does not explicitly indicate that the destination device is notified that there is a message pending delivery upon arrival within the boundary, Ledlie is added.
In an analogous art, Ledlie teaches a method for on-device positioning to estimate the physical distance between two or more devices and compiles a virtual map of the area surrounding the device, including messages about the area. See section [0083], which teaches the user can read the notification outside of the notification radius, but cannot read a message outside of the notification radius.
Therefore, as Dingler and Ledlie teach location based messaging, and as Ledlie explicitly teaches initiating transmission of data corresponding to the unfound message to a first computing device and displaying an indication of the message without its contents being displayed, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Dingler to transmit and display a notification of an unfound message on the destination device without showing the message contents, for reasons taught in Ledlie, to reduce potential signal interference and/or to prevent the respective mobile devices 10 from being overly burdened.
Regarding the feature in claims 1, 24 and 25 reciting:
“subsequent to determining that the current location of the second device is within the
geographic location, enabling a transaction between the first computing device and a second
computing device associated with the unfound message, the transaction including an exchange
between the first computing device and the second computing device”, although Dingler teaches, as seen in Fig. 4, the delivery of a message once the target device is within a predefined location, as it does not explicitly teach enabling a transaction between the source and destination devices, Amron is added.
In an analogous art, Amron teaches a method for establishing communication between mobile devices based on the destination devices location relative to a selected geo-special location. See Fig. 2, claim 1 and section [0036], which teach processing a message and establishing a peer-to-peer communication session between devices.
Therefore, as Dingler and Amron teach location based messaging, and as Amron explicitly teaches enabling a peer-to-peer communication session between the devices for monetary or information exchange purposes, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Dingler to facilitate a transaction between the devices, for reasons taught in Amron section [0006], enable users to consummate financial transactions and exchange multimedia content, text messages, and even voice conversations.
Regarding claim 2, which recites “wherein identifying the geographic location includes receiving, at the first computing device, a selection input identifying the geographic location, and marking the geographic location on a map of the geographical area”, see section [0077] of Ledlie, which teaches “markers (e.g., icons) of message notifications 1207 show up on the map 1203” where the message was placed by the sender.
Regarding claim 3, which recites “comprising: displaying a map interface on a touch screen of the second computing device; wherein the selection identifying the geographic location in the geographic location is made via the touch screen displaying the map interface”, see section [0031] of Ledlie, which teaches the user mobile may include any of a number of devices allowing the mobile device to receive data, such as a keypad 40, a touch display (not shown) or other input device, in addition to section [0081], which teaches the user can press a point on the map 1203 for a predetermined time period (e.g., 15 seconds) to open up a dialog box over the map 1203 to post a message.
Regarding claim 4, which recites “comprising: receiving a delivery radius input on the touch screen displaying the map interface, wherein the delivery radius defines, at least in part, a boundary of an area associated with the geographic location; and displaying a visual indicator of the selection input and the delivery radius on the touch screen display”, see section [0076] of Ledlie, which teaches a predetermined coverage area/radius, indicated by 1009, can be set by the user, in addition to section [0079], which teaches a circle is also shown on the map 1203 indicating a limited notification radius 1213 (as defined by the system and/or the user criteria/parameter) that the user can receive a notification of message and/or to read messages therein.
Regarding claim 5, which recites “further comprising: receiving, at the second computing device, a receipt notification in response to the determining that the first computing device is in the area associated with the geographic location”, see section [0034] of Dingler, which teaches the system and method can also provide a confirmation that a message has been delivered to the recipient (recipient must be in area to receive the message).
Regarding claim 6, which recites “further comprising: receiving, at the second computing device, an expiration input identifying an expiration time period”, see section [0034] of Dingler, which teaches the sender of the message has control over the starting time, ending time and location for the delivery of the geo-boundary message.
Regarding claim 9, which recites “wherein initiating transmission of the data further causes a message marker marking the geographic location to be displayed, the message marker comprising a characteristic indicating that the location based message was received”, see section [0078] of Ledlie, which teaches the markers for message notifications 1207 are presented with different colors according to their status … a grey circle represents a message "posted to the user--read."
Regarding claim 10, which recites “further comprising: causing display on the first computing device of the contents of the unfound message; initiating, to the first computing device, a request to initiate the transaction between the first computing device and the second computing device; and receiving, from the first computing device, an indication to complete the transaction between the first computing device and the second computing device”, see section [0030] of Amron, which teaches the user of a communication terminal as communication terminal 10a is preferably presented with the ability to direct an invitation to participate--in a peer-to-peer communication session--to the user of a second communication terminal 10b. See further section [0035] of Ledlie, which teaches at terminal 10B (destination device) a message is displayed prompting acceptance of the transmitted invitation.
Regarding claim 11, which recites “wherein enabling the transaction between the second computing device and the first computing device comprises facilitating a peer-to-peer payment between the (first) computing device and the second computing device”, see section [0029] of Amron, which teaches there is stored in the memory 18 of terminal 10a a session initiation management ("SIM") application program that is executable by processor 12 to initiate a peer-to-peer communication session with a second communication terminal as terminal 10b.
Regarding claim 12, which recites “wherein enabling the transaction between the first computing device and the second computing device comprises applying a discount on a product or service provided by the second computing device for purchase by the first computing device” see section [0014] of Amron, which teaches a communication session—which session may encompass a voice conversation, an exchange of text messages, delivery of information relating to special sales promotions such, for example, as electronic coupons, or an exchange of data needed to consummate a financial transaction--with or among one or more mobile communication terminals.
Regarding claim 14, which recites “further comprising notifying the first computing device, using a push message, of the location based message and wherein the location- specific content that is propagated to the second device or a third device in the geographical area is only received by computing devices of users that have opted into receiving public content, wherein opting into received public content comprises opting in as part of a registration or in response to a request from a user providing the location-specific content”, see section [0077] of Ledlie, which teaches the user registers with the system 100 to reach a user interface 1200 of FIG. 12A and set up a user ID and a password. After the registration, the user reaches a main screen 1201, including a map with message markers.
Regarding claim 16, which recites “further comprising: adding the unfound message to a local found list; outputting a found notification; and updating a status associated with the unfound message in response to the determining that the first computing device is in the area associated with the geographic location”, see section [0034] of Dingler, which teaches the system and method can also provide a confirmation that a message has been delivered to the recipient, and the location-based trigger can be disabled upon confirmation of the delivery.
Regarding claim 17, which recites “wherein the second location is a business location of an entity providing the location-specific content and the location-specific content comprises themed information about the entity”, see section [0074] of Ledlie, which teaches to trigger a notification only within a relatively limited radius (e.g., 25 feet) from the store.
Regarding claim 18, which recites “further comprising: enabling a payment from the first computing device to the second computing device”, see section [0019] of Amron, which teaches the execution of the session initiation management program by the first and second mobile communication terminals facilitates an e-commerce transaction in which a form of electronic payment is offered by the user of the first communication terminal and accepted by the user of the second communication terminal.
Regarding claim 19, which recites “further comprising: causing a user interface to display on the first computing device enabling a recipient to communication with an entity associated with the second computing device”, see claims 12 and 15 of Amron, which teach a communication device tendering a payment to a user or an establishment associated with another device.
Regarding claim 20, which recites “wherein the geographic location is based on a current location of the second computing device”, see section [0050] of Dingler, which teaches the sender 40 will enter a specific location in which the recipient 50, once at such location, can receive a message. The location may be the current location of the sender 40 or a location set by the sender 40 by entering latitude and longitudinal coordinates, a landmark or other known location.
Regarding claim 21, which recites “wherein the geographic location is based on a previous location of the second computing device, the previous location being the location of the second computing device at a previous time period”, see section [0050] of Dingler, which teaches the sender 40 will enter a specific location in which the recipient 50, once at such location, can receive a message. The location may be the current location of the sender 40 or a location set by the sender 40 by entering latitude and longitudinal coordinates, a landmark or other known location.
Regarding claim 22, which recites “wherein causing display of the contents of the unfound message is in response to both (1) determining that the current location of the second device or a third device is within the geographic location identified by the second computing device and (2) in response to a lapse of a time frame established by the second computing device, the time frame indicating the enablement of the viewing of the message after the time frame has elapsed”, see the abstract and section [0022] of Dingler, which teaches the method further comprises sending a message to the mobile user when the mobile user has crossed within the predefined geo-boundary during a predetermined time period set by an originator of the message.
Regarding claim 23, which recites “wherein the method further comprises: displaying a user interface element, the user interface element configured to toggle between (1) enabling display of an indication of the unfound message to the first computing device regardless of a current location of the first computing device and (2) enabling display of an indication of the unfound message to the first computing device based on the current location of the first computing device”, see section [0075] of Ledlie, which teaches if the one or more visiting users are within the predetermined radius, perform further limitation determinations and transmit the one or more messages to the one or more visiting users. Further see section [0083] of Ledlie, which teaches the user can read the notification outside of the notification radius, but cannot read a message outside of the notification radius.
Claims 7-8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Dingler, Ledlie and Amron, as applied to claim 1 above, and further in view of U.S. Patent No. 8,649,803 to Hamill.
Regarding claim 7, which recites “wherein adding the unfound message is by synchronizing the unfound message with the server, wherein the server is a cloud server, wherein the server is further configured to identify the location specific content from the cloud server by identifying the unfound message”, Dingler teaches in a message server receives a message, and stores the message along with the unique ID in a repository, e.g., storage system 22B. It also registers the trigger location and time into the location based service for scheduling. However, Dingler, Ledlie and Amron do not specifically classify the server as a cloud server. Because of this, Hamill is added.
In an analogous art, Hamill teaches an interactive tracking virtual world system for virtual environments. In section [0013], Hamill teaches a server for serving user information and, later in section [0033] indicates that this server can be implemented as a cloud of computing platforms.
Therefore, as Dingler, Ledlie, Amron and Hamill all teach location based services, it would be obvious to one ordinarily skilled in the art at the time of invention to modify Dingler, Ledlie and Amron with the classification of the server as a cloud server as taught by Hamill. This migration from local to cloud servers is well known in the art for reducing operating costs and equipment maintenance.
Regarding claim 8, which recites “wherein the unfound message list is accessible by a plurality of computing devices in order to identify the unfound messages for a particular computing device, the identifying of the unfound message being for the first computing device and being triggered based on the geographic location identified by the second computing device”, see section [0074] of Ledlie, which teaches determines whether the one or more users are within a predetermined radius of the geographic location.
Regarding claim 13, which recites “wherein the communicating of the location based message is via a cloud server computer”, see section [0013] of Hamill as applied to claim 7 above.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dingler, Ledlie and Amron, as applied to claim 1 above, and further in view of U.S. Patent No. 8,688,069 to Cazanas.
Regarding claim 15, which recites “further comprising measuring a location change of the first computing device and determining, based on the measuring of the location change, that the first computing device is in an area associated with the geographic location”, as Dingler, Ledlie and Amron all discuss location based messaging and services, but never explicitly state the determining that a destination device with within a target area is done by measuring the devices location change, Cazanas is added.
In an analogous art, Cazanas discloses a communication system for determining, updating and tracking locations for a plurality of mobile devices. In section [0035], Cazanas teaches updates (of location information) may be periodic, such as once every minute, and/or may take place each time there are changes in the location of the mobile radio or each time these location changes exceed a threshold distance.
Therefore, as Dingler, Ledlie, Amron and Cazanas teach retrieving location from user devices for later use, it would be obvious to one ordinarily skilled in the art at the time of invention to modify Dingler, Ledlie and Amron with the location change based method of Cazanas to determine a device’s proximity to an area. This would be a simple substitution between the methods described in Dingler, Ledlie and Amron to that of Cazanas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN SHAUN KELLEY whose telephone number is (571)272-5652. The examiner can normally be reached Mondays to Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeanette Parker can be reached at 571(270)-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S KELLEY/Primary Examiner, Art Unit 2646
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