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 § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 8-11, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Nuss (U.S. Patent No. 11109186, hereinafter “Nuss”).
Claims 1 and 9:
Nuss discloses a computing device (Column 11, Line 19; Electronic device 700), comprising:
a memory (Column 11, Line 24; Memory 704) storing (i) a plurality of identifiers (Column 5, Lines 51-53; The user database 114 may store various types of information about the users of the proximity-based messaging system 100), (ii) a group configuration containing a subset of the identifiers, and (iii) a region associated with the group configuration (Column 3, Lines 3-6; Users of the proximity-based messaging system may be added to one or more proximity-based messaging groups that include users of user devices within an active area for the proximity-based messaging group);
a communication interface (Column 12, Lines 65-66; An input/output device or port can transmit electronic signals via a communications network); and
a processor (Column 11, Line 23; Processing unit 702) configured to:
receive, via the communication interface, a location of a client device (Column 7, Lines 10-11; The messaging engine determines a location of a user device) associated with a first identifier of the plurality of identifiers (Column 3, Lines 3-4; Users of the proximity-based messaging system may be added to one or more proximity-based messaging groups);
determine whether the location of the client device is within the region (Column 7, Lines 19-21; The messaging engine determines whether the location of the user device is within the active area);
based on the determination, update the subset of identifiers in the group configuration (Column 7, Lines 56-57; The messaging engine adds the user of the user device to the proximity-based messaging group); and
transmit group update data to the client device according to the updated subset of identifiers in the group configuration (Column 4, Lines 40-42; Members of a proximity-based messaging group may be presented with a list of other members of the group) by transmitting an instruction to the client device to discard an identifier corresponding to the group configuration (Column 4, Lines 26-28; Users may be presented with a list of other users with which they can communicate via the communication server 110. It is noted that if the user is removed from a particular proximity-based messaging group, then the presented list would not include the particular proximity-based messaging group) or by transmitting to the client device an identifier corresponding to the group configuration (Column 4, Lines 26-28 and 31-33; Users may be presented with a list of other users with which they can communicate via the communication server 110. The list may include one or more users that are members of a proximity-based messaging group that includes the user).
The method of claim 1 is implemented by the computing device of claim 9 and is therefore rejected with the same rationale.
Claims 2 and 10:
Nuss further discloses wherein the processor is further configured to:
receive a message including an identifier corresponding to the group configuration; and route the message to respective client devices associated with each of the updated subset of identifiers (Column 4, Lines 37-39; A message sent within a proximity-based message group may be group-side, meaning all members can see it).
Claims 3 and 11:
Nuss further discloses wherein the processor is configured to update the subset of identifiers in the group configuration by:
when the first identifier is included in the subset of identifiers and the location of the client device is outside the region, removing the first identifier from the subset of identifiers (Column 7, Lines 60-62; The messaging engine may remove the user from the proximity-based messaging group if the user device leaves the active area).
Claims 5 and 13:
Nuss further discloses wherein the processor is configured to update the subset of identifiers in the group configuration by:
when the first identifier is not included in the subset of identifiers and the location of the client device is within the region, adding the first identifier to the subset of identifiers (Column 5, Lines 48-50; The messaging engine 112 may add users associated with the user devices 102 that are newly within the active area to the proximity-based messaging group).
Claims 8 and 16:
Nuss further discloses wherein the processor is further configured to:
store, in association with a second identifier of the plurality of identifiers, an association with the region (Column 3, Lines 3-7; Users of the proximity-based messaging system may be added to one or more proximity-based messaging groups that include users of user devices within an active area for the proximity-based messaging group and/or users meeting other criteria for being added to the group); and
maintain the second identifier in the subset of the identifiers of the group configuration independently of a location of a second client device associated with the second identifier (Column 8, Lines 26-30; The messaging engine analyzes context information regarding the user device that may result in adding the user of the user device to the proximity-based messaging group even though the user device is not in the active area).
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.
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) 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nuss (U.S. Patent No. 11109186, hereinafter “Nuss”) in view of Russell et al. (U.S. Patent No. 9832539, hereinafter “Russell”).
Claims 7 and 15:
Nuss discloses the method as recited in claim 1 and the device as recited in claim 9.
Nuss does not appear to disclose wherein the processor is further configured to:
store a site record including a site identifier and the region; and
store the site identifier in association with the group configuration; and
when the location of the client device is within the region, identify the group configuration for updating based on the site identifier.
Russell discloses a method for communicating emergency information including:
storing a site record including a site identifier and the region (Column 3, Lines 27-29; The emergency response service can subdivide a county into a series of sub-regions, neighborhoods, and/or sections); and
storing the site identifier in association with the group configuration (Column 38-41; The emergency response service can create evacuation groups for residences and businesses in each division or subdivision of the geographic region); and
when the location of the client device is within the region, identifying the group configuration for updating based on the site identifier (Column 9, Lines 14-22; The mobile communication device 265 could be presently located within a geographic area that includes the first evacuation group 160. The EA server 130 can report this location for the mobile communication device 265 to the ERS server 120. The ERS server 220 can add the mobile communication device 265 to a listing of subscriber devices in the first evacuation group 160 that must be notified in the emergency situation).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Nuss’ messaging engine by integrating features of Russell’s emergency response service in order to provide emergency information (Russell, Column 1, Lines 40-42).
Response to Arguments
Applicant's arguments filed 05/18/2026 have been fully considered but they are not persuasive. Applicant argues on pages 1-3 that Nuss does not teach or suggest “an instruction to the client device to discard an identifier corresponding to the group configuration” or “an identifier corresponding to the group configuration” because Nuss merely discusses presenting users with a list of other members of a proximity-based messaging group at the messaging server side (i.e., server-side presentation of a member list within the messaging interface itself). Applicant further argues that the claimed transmission of group update data, in the form of either a discard instruction or a group identifier, enables a client device to dynamically update its locally-stored group data and that this is different from Nuss’ server-side messaging system where group membership is reflected only in lists generated and presented by the server itself. The examiner disagrees. Nuss’ communication server, through the transmission of updated group information data, reads on the claimed instruction to discard an identifier. A user that is no longer part of the proximity-based messaging group would not be included in updated group information and said updated group information would effectively serve as an instruction to the client device to discard the identifier of the user that is no longer part of the proximity-based messaging group. Even if Nuss’ messaging engine provides server-side presentation of a member list, it does not diminish the fact that the provided updated group information is used by the client device to update (i.e., add to or delete from) the member list that is displayed. Applicant’s argument that Nuss’ server-side messaging system where group membership is reflected only in lists generated and presented by the server itself ignores the fact that updated group information must still be transmitted to the client device in order for the client device to display the member list. For these reasons, the rejections of claims 1-3, 5, 8-11, 13, and 16 under 35 USC 102 and claims 7 and 15 under 35 USC 103 are respectfully maintained.
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 NAM T TRAN whose telephone number is (408)918-7553. The examiner can normally be reached Monday-Friday 7AM-3PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel Moise can be reached at 571-272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAM T TRAN/Primary Examiner, Art Unit 2455
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