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 .
This communication is in response to the application file on 7/3/24.
Claim 1 is rejected.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 9, and 17 of prior U.S. Patent No. 11641333. This is a statutory double patenting rejection.
Present Application
Patent No. 11641333
Claim 8
determining one or more attributes of a plurality of users of a messaging platform, said determining comprising identifying, based on a use of one or more messaging services associated with the messaging platform, a behavior associated with the plurality of users;
identifying, based on the one or more attributes, a first subset of the plurality of users and a second subset of the plurality of users;
associating a first message with the first subset of the plurality of users;
transmitting, via the one or more messaging services, the first message to each user of the first subset of the plurality of users;
determining a performance metric of the first message among the first subset of the plurality of users;
generating, based on the first message and the performance metric, a second message; and
transmitting, via the one or more messaging services, the second message to each user of the second subset of the plurality of users, wherein:
the second subset of the plurality of users comprises a first user and the first subset of the plurality of users does not comprise the first user, and
said transmitting the second message is associated with a durable long-code telephone number.
Claims 1, 9, and 17
determining one or more attributes of a plurality of users of a messaging platform, said determining comprising identifying, based on a use of one or more messaging services associated with the messaging platform, a behavior associated with the plurality of users;
identifying, based on the one or more attributes, a first subset of the plurality of users and a second subset of the plurality of users;
associating a first message with the first subset of the plurality of users;
transmitting, via the one or more messaging services, the first message to each user of the first subset of the plurality of users;
determining a performance metric of the first message among the first subset of the plurality of users; generating, based on the first message and the performance metric, a second message; and transmitting, via the one or more messaging services, the second message to each user of the second subset of the plurality of users, wherein:
the second subset of the plurality of users comprises a first user and the first subset of the plurality of users does not comprise the first user, and said transmitting the second message is associated with a durable long-code telephone number.
Conclusion
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/ANH NGUYEN/Primary Examiner, Art Unit 2442