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 .
Acknowledgment
This Office Action is responsive to amendment filed on 02/25/2026.
Claim Objections
Claim 12 is objected to because of the following informalities: the recitation of “the social” in line 1 is suggested to change to - - wherein the social - -. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5, 6, 13 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 5, the recitation of “scanning device is embedded in a wristband of the smartphone” is not supported by the specification, as originally filed.
Regarding claim 6, the recitation of “wherein the social media platform is configured to encrypt and secure data associated with the stored identifiers and associated contextual data for securing” is not supported by the specification, as originally filed.
Regarding claims 13 and 15, the recitation of “metrics of interactivities” is not supported by the specification, as originally filed.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welsh (US 2006/0143302) in view of Vatn (US 2020/0160009, previously cited).
Regarding claim 1, Welsh teaches system for tracking and recovery (fig. 1), the system comprising: a plurality of user computing devices (12, [0026]) configured to receive stored identifier (tag, [0010] and [0041]) and to communicate the received identifiers and associated contextual data ([0010] and [0040]); and a server (10, [0024] and [0025]) configured to manage a social media platform ([0013], [0025] and [0039]), wherein the server is configured to receive the communicated identifiers and associated contextual data from the user computing devices, and wherein the social media platform is configured to: post the received identifiers and associated contextual data; and manage user interactivities with the posted identifiers and associated contextual data for facilitating tracking and recovery of the animals (figs. 3-4 and [0036]-[0041]).
Welsh further teaches the system configured to receive, manually or electrically entering, identifier tags attached to the animals ([0010], [0030], [0034] and [0041]) but silent to using readers as claimed.
However, Vatn teaches system comprising a plurality readers (4, 5) configured to wirelessly read identifier tags (3) attached to animals, and to store read identifiers of the identifier tags, wherein the readers are distributed in different geographic locations (fig. 1 and [0041]-[0054]).
In view of Vatn’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Welsh by incorporating the teaching as taught by Vatn in order to arrive at the claimed invention.
Regarding claim 2, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Vatn further teaches wherein the readers are attachable to freestanding units that are placeable in a selected indoor or outdoor location to passively scan the identifier tags attached to the animals, thereby recording the contextual data ([0048]-[0050]).
Regarding claim 3, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein user interactivities includes search of the posted identifiers and associated data, search of ranges of distances from locations of readers ([0036]-[0040]).
Regarding claim 4, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Vatn further teaches wherein each user computing devices (4 and 5) is configured to enable handheld scanning of the animals such that an individual scans the animals, thereby recording data and initiating the functionality in a software application of the user computing device (fig. 1).
Regarding claim 5, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Vatn further teaches wherein the user computing device is a smartphone as a power source, and scanning device is embedded in a wristband of the smartphone, such that when the smartphone is in proximity to the animal the scan occurs, thereby recording data and initiating the functionality in a software application of the user computing device (fig. 1, [0045]-[0050] and [0057]-[0059]).
Regarding claim 6, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the social media platform is configured to encrypt and secure data associated with the stored identifiers and associated contextual data for securing personal contact information ([0034], [0040] and [0041]).
Regarding claim 7, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Vatn further teaches wherein the identifier tags are implanted within the animals ([0041]).
Regarding claim 8, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Vatn further teaches wherein the readers are distributed among a plurality of different geographic locations (Vatn: fig. 1).
Regarding claim 9, Welsh teaches a system (fig. 1) for animal tracking and recovery, the system comprising: at least one computer (10, 12, 16 and 18) configured to receive an identifier tag ([0038] and [0041]) attached to an animal, and to store a read identifier of the identifier tag ([0028]-[0034]); and a first computing device (10) comprising: a communication module (14) configured to receive the stored identifier ([0023]-[0026]); and application configured to: manage communication of the stored identifier and associated contextual data ([0030]) to a social media platform ([0013], [0025] and [0039]); manage, via a user interface (12), user interaction with the social media platform, wherein the user interaction includes: (a) load of the stored identifier and associated contextual data to the social media platform; (b) presentation of others’ publications of read identifiers and associated contextual data associated with identifier tags attached to animals; and (c) contribute additional contextual data to the others’ ([0026], [0034] and [0036]-[0040]).
Welsh further teaches the system configured to receive, manually or electrically entering, identifier tags attached to the animals ([0010], [0030], [0034] and [0041]) but silent to using at least one reader as claimed.
However, Vatn teaches system comprising a plurality readers (4, 5) configured to wirelessly read identifier tags (3) attached to animals, and to store read identifiers of the identifier tags, wherein the readers are distributed in different geographic locations (fig. 1 and [0041]-[0054]).
In view of Vatn’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Welsh by incorporating the teaching as taught by Vatn in order to arrive at the claimed invention.
Regarding claim 10, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Both Welsh and Vatn further teach wherein the animal is identifier as a cat or dog (Welsh: [0038]. Vatn: fig. 1).
Regarding claim 11, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the application is configured to store the received identifier in memory of the first computing device in response to receipt of the identifier ([0025] and [0034]).
Regarding claim 12, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the social media platform is configured to communicate at least a portion of the stored identifier and the associated contextual data to others ([0039] and [0042]).
Regarding claim 13, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the social media platform is configured to: determine metrics of interactivities of users with identifiers and/or associated contextual data posted on the social media platform, wherein the identifiers and/or associated contextual data are associated with a plurality of tagged animals; and promote communications identifying tagged animals based on the determined metrics of interactivities ([0012] and [0036]-[0038]).
Regarding claim 14, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the first computing device is configured to communicate the stored identifier and associated contextual data to the social media platform, and wherein the social media platform is configured to generate a post in response to receipt of the stored identifier and associated contextual data ([0036]-[0040]).
Regarding claim 15, Welsh as modified by Vatn teaches all subject matter claimed as applied above. Welsh further teaches wherein the social media platform is configured to: determine metrics of interactivities of users with identifiers and/or associated contextual data posted on the social media platform, wherein the identifiers and/or associated contextual data are associated with a plurality of tagged animals ([0036]-[0038]); and reward one or more of the users based on the determined metrics of interactivities ([0045]).
Response to Arguments
Applicant’s arguments, see Remarks, filed 02/25/2026, with respect to the rejection(s) of claim(s) 1-15 under 35 U.S.C 102 & 103 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 Welsh and Vatn.
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 Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM.
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/TUYEN K VO/ Primary Examiner, Art Unit 2876