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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
2. Claims 1, 8, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Beyer, JR. (2008/0076418) in view of Wong (2011/0191415) and further in view of Manroa et al. (US Patent 8,054,780).
As to claim 1, Beyer teaches a method of communication via an application (abstract, [0008-0009]) comprising:
a registration from each a plurality of users of the application wherein the registration associates a user, a telephone number of a communication device ([0010] – network participants data is of interest to all network participants and the server forward the data received from one participant to other participants thus providing the information necessary for all network participants to know the identity, location and status of all other network participants and participants database [0033-0034], hence it would have been obvious that the plurality of users information such as identity, location and status registered and store participants information in database), and a target telephone identifier (TTI) ([0038] – the symbol associated with phone number and upon receiving an indication that the phone number is being called the application code places a box around the symbol) that masks the telephone number from other registered users (abstract, [55-57, 63] – to initiate cellular phone calls by touching a symbol on the touch screen display; establishing an anonymous dating service that allows individual participants using their cell phones to identify and contact others for dating or social interaction without giving away their actual name and phone number);
receiving a request from a first register user operating a first communications device to initiate a communication session via the application with a second registered user operating a second communications device ([0010, 0057]) wherein the first registered user and the second registered user are identified to each other by their respective TTI during the communication session ([0015] – transmit symbol’s location and identity, [0061] – symbol associated with the name to be hooked on the display and the photograph if available and personnel data associated with the name to appear on the display); and
wherein the communication session allows for transfer of information between the first communication device and the second communication device ([0047-0048, 0051-0052);
wherein a GPS location of the second communications device is presented to the first user on the first communication device during the communication session ([0051-0052] - each advance communication software network participant receives the other user’s identity, status and location data and displays it).
Beyer does not explicitly discuss establishing the communication session via the application between the first communications device and the second communications device wherein the second registered user is selected based on a GPS location of at least the first communications device; receiving a registration from each a plurality of users.
Wong teaches using the system 100 with a matching application such as a computer application, mobile device application or networking application; the application allow a user to select a contact which may be a service, company, person or other contact; determining the user’s location using a global positioning device in the user device, selecting closest physical location to the user ([0062]); and the user and contact may be directly or indirectly known each other, socially or genetically related to each other or otherwise associated through friends, family, co-workers, interest groups, acquaintances, contact lists, on-line social networking services ([0028]).
Manroa teaches receiving registration requests from users and routes those requests to the appropriate services (col. 2, lines 9-11), service registration could be carried out and supporting both circuit based telecommunication services such cellular and landline voice calls (col. 5, lines 4-12); user register with a service or application before invoking or accessing that service (col. 11, line 35 through col. 12, line 18).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Wong into the teachings of Beyer for the purpose of selecting the one closest to you, for example, online dating services in order for the user and contact can conveniently meet one another; and incorporate the teachings of Manroa into the teachings of Beyer and Wong for the purpose of registering users with application or services before invoking or accessing the service.
Claim 8 is rejected for the same reasons discussed above with respect to claim 1. Furthermore, Wong teaches a memory storing instructions and a processor communicatively coupled to the communications interface and the memory wherein the processor executes the instruction to cause the apparatus to perform the steps of the claim (Fig. 4 and related texts – memory 420 and processor 410, [0040]).
Claim 15 is rejected for the same reasons discussed above with respect to claim 1. Furthermore, Manroa teaches submitting, by a user, a registration for an application to become a registered user of the application, accepting the request to establish the communication session with other register user (col. 2, lines 9-11 - receiving registration requests from users and routes those requests to the appropriate services); (col. 11, line 35 through col. 12, line 18 - user register with a service or application before invoking or accessing that service; (col. 5, lines 4-12 - service registration could be carried out and supporting both circuit based telecommunication services such cellular and landline voice calls).
3. Claims 2, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Beyer, Wong, and Manroa in view of Soelberg et al. (US Patent 8,565,780).
As to claims 2, 9, and 16 Beyer, Wong, and Manroa do not explicitly discuss the method of claim 1, the apparatus of claim 8, and the method of claim 15, wherein the GPS location of the second communication is displayed on a map.
Soelberg teaches GPS location of the communication is displayed on a map (Figs. 1 and 4; col. 5, line 47 through col. 6, line 37).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Soelberg into the teachings of Beyer, Wong, and Manroa for the purpose of providing map directions from geographical location that tell user how to the particular location.
4. Claims 3-6, 10-13, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Beyer, Wong, and Manroa in view of Fujita-Yuhas (2008/0240382).
As to claims 3, 10, and 17, Beyer, Wong, and Manroa do not explicitly discuss the method of claim 1, the apparatus of claim 8, and the method of claim 15, wherein the TTI is an icon.
Fujita-Yuhas teaches icon 78 associated with the called party 82 from a list of icons 74, each associated with a different called party (Fig. 3 and [0038-0040]).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Fujita-Yuhas into the teachings of Beyer, Wong, and Manroa for the purpose of placing a telephone call by clicking on a icon associated with the called party using a PC-based telephony service.
As to claims 4, 11, and 18, Fujita-Yuhas teaches the request for initiating the communication session is a selection of the icon (Fig. 3 and [0040] - the calling party 60 can request a pronunciation of a called party's name in any number of ways including placing a telephone call, clicking on an icon associated with the called party using a PC-based telephony service, requesting connection with the called party through a telephone directory service).
As to claims 5 and 12, Fujita-Yuhas teaches each of the icons in the list of icons 74 may be associated with presence information regarding the party associated with the icon. Such presence information could include for example whether the party is currently active on the network (e.g., signed-on)… the list of icons could be presented to the calling party 60 ([0039]); and the calling party 60 can request…placing a telephone call, clicking on an icon associated with the called party using a PC-based telephony service, requesting connection with the called party through a telephone directory service, or selecting a name from a list of names ([0040]); hence it is obvious that the registered user is selected based on availability.
As to claims 6, 13, and 19, Fujita-Yuhas teaches the method of claim 1, the apparatus of claim 8, and the method of claim 15, wherein the request for initiating the communication session is based on a selection of the TTI from a list (selecting an icon 78 associated with the called party 82 from a list of icons 74, each associated with a different called party [0039] and the calling party 60 can request…placing a telephone call, clicking on an icon associated with the called party using a PC-based telephony service, requesting connection with the called party through a telephone directory service, or selecting a name from a list of names [0040]).
5. Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Beyer, Wong, Manroa, and Fujita-Yuhas in view of Gravino et al. (2012/0063585).
As to claims 7 and 14, Beyer, Wong, and Manroa do not explicitly discuss the method of claim 6 and the apparatus of claim 13, wherein the list is dynamically updated.
Gravino teaches automatically creating and dynamically updating a list of a user's frequently called contacts from retrieved call usage data associated with one or more called phone numbers and for generating and maintaining a favorite calling numbers list ([0013]).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Gravino into the teachings of Beyer, Wong, and Manroa for the purpose of maintaining a favorite numbers list
.
6. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Beyer, Wong, and Manroa in view of Gravino et al. (2012/0063585).
Claim 20 is rejected for the same reasons discussed above with respect to claim 7.
Double Patenting
7. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
8. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,240,375 in view of Beyer, JR. (2008/0076418) and Wong (2011/0191415). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 11,240,375 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/807,426
U.S. Patent 11,240,375
1. A method of communication via an application , the method comprising:
1. A method of electronic communication using a system comprising: application software on a phone, and a telecommunications apparatus or computer communication network, the method comprising the following:
receiving a registration from each a plurality of users of the application, wherein the registration associates a user, a telephone number of a communications device, and a target telephone identifier (TTI) that masks the telephone number from other registered users;
initiating a communication by opening the application software as an app on a mobile phone;
making the communication as a caller by selecting an icon for a target telephone identifier (TTI) for an available callee;
receiving a request from a first registered user operating a first communications device to initiate a communication session via the application with a second registered user operating a second communications device, wherein the first registered user and the second registered user are identified to each other by their respective TTI during the communication session; and
establishing the communication session via the application between the first communications device and the second communications device, wherein the second registered user is selected based, at least in part, on a GPS location of at least the first communications device, and wherein the communication session allows for transfer of information between the first communication device and the second communication device,
wherein a GPS location of the second communication device is presented to the first user on the first communication device during the communication session.
receiving, from the app, the TTI for the available callee wherein the TTI is a data string; and
receiving a response to the communication, the response including a GPS location of a target telephone of the callee, the GPS location displayed on a telephone user interface of the mobile phone as a source telephone of the caller
wherein a numeric telephone identification number of the target telephone is masked by the system using the TTI,
wherein the numeric telephone identification number of the target telephone is associated with the TTI during a registration of the available callee, and
wherein the communication is between registered users of the application software so that the TTI masks the numeric telephone identification number between any registered users.
Claim 1 of U.S. Patent 11,240,375 does not teach the first registered user and the second registered user are identified to each other by their respective TTI during the communication session; and establishing the communication session via the application between the first communications device and the second communications device, wherein the second registered user is selected based on a GPS location of at least the first communications device, and wherein the communication session allows for transfer of information between the first communication device and the second communication device. Beyer teaches receiving a request from a first register user operating a first communications device to initiate a communication session via the application with a second registered user operating a second communications device ([0010, 0057]) wherein the first registered user and the second registered user are identified to each other by their respective TTI during the communication session ([0015] – transmit symbol’s location and identity, [0061] – symbol associated with the name to be hooked on the display and the photograph if available and personnel data associated with the name to appear on the display); and wherein the communication session allows for transfer of information between the first communication device and the second communication device ([0047-0048); and Wong teaches using the system 100 with a matching application such as a computer application, mobile device application or networking application; the application allow a user to select a contact which may be a service, company, person or other contact; determining the user’s location using a global positioning device in the user device, selecting closest physical location to the user ([0062]); and the user and contact may be directly or indirectly known each other, socially or genetically related to each other or otherwise associated through friends, family, co-workers, interest groups, acquaintances, contact lists, on-line social networking services ([0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Beyer and Wong into the teachings of claim 1 by specifically providing the first registered user and the second registered user are identified to each other by their respective TTI during the communication session; and establishing the communication session via the application between the first communications device and the second communications device, wherein the second registered user is selected based on a GPS location of at least the first communications device, and wherein the communication session allows for transfer of information between the first communication device and the second communication device for the purpose of selecting the one closest to you, for example, online dating services in order for the user and contact can conveniently meet one another.
Examiner also notes that claims 8 and 15 of the ‘426 Application respectively corresponds to Claim 9 and 16 of the ‘375 patent.
9. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,069,204. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 12,069,204 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/807,426
U.S. Patent 12,069,204
1. A method of communication via an application , the method comprising:
1. A method of communication via an application, the method comprising:
receiving a registration from each a plurality of users of the application, wherein the registration associates a user, a telephone number of a communications device, and a target telephone identifier (TTI) that masks the telephone number from other registered users;
receiving a registration from each a plurality of users of the application, wherein the registration associates a user, a telephone number of a communications device, and a target telephone identifier (TTI) that masks the telephone number from other registered users;
receiving a request from a first registered user operating a first communications device to initiate a communication session via the application with a second registered user operating a second communications device, wherein the first registered user and the second registered user are identified to each other by their respective TTI during the communication session; and
establishing the communication session via the application between the first communications device and the second communications device, wherein the second registered user is selected based, at least in part, on a GPS location of at least the first communications device, and wherein the communication session allows for transfer of information between the first communication device and the second communication device,
wherein a GPS location of the second communication device is presented to the first user on the first communication device during the communication session.
receiving a request from a first registered user operating a first communications device to initiate a communication session via the application with any one of the other registered user operating a second communications device, wherein the first registered user and the second registered user selected from the any one or the other registered users are identified to each other by their respective TTI during the communication session and wherein the request includes a selection of an icon for a TTI of the second registered user; and
establishing the communication session via the application between the first communications device and the second communications device, wherein the second registered user is selected from the any one of the other registered users based on based on an availability of the second registered user and a GPS location of at least the first communications device, and wherein the communication session allows for transfer of information between the first communication device and the second communication device,
wherein a GPS location of the second communication device is presented to the first user on the first communication device during the communication session.
Examiner also notes that claims 8 and 15 of the ‘138 Application respectively corresponds to claims 2 and 3 of the ‘204 patent.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is (571)272-7489. The examiner can normally be reached Monday-Friday 7:30AM-3:30PM.
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/QUYNH H NGUYEN/Primary Examiner, Art Unit 2693