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 filed on 09/20/2024.
Claims 21-40 are pending and are rejected. Claims 1-20 have been canceled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/14/2025, 04/07/2025, and 05/07/2025 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 21-40 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-12, 15, and 18 of Patent No. 12107932.
Present Application 18/890937
Co-pending Application Patent No. 12107932
Claims 21, 28, and 35
providing, to a first user of an online dating service, a view of a profile including a photo, the profile being of a second user in the online dating service;
soliciting the first user to pay a fee for the online dating service;
providing a feature to the first user on the online dating service, at least in part based on the fee; and
delivering a communication from the first user to the second user via the online dating service.
Claims 24, 37, and 31
wherein the feature is defined by permitting the first user to communicate more frequently with the second user, at least in part based on the fee.
Claims 27, 34, and 40
wherein the feature is defined by permitting the first user to receive preferential positioning in the context of being matched to the second user, at least in part based on the fee.
Claims 1, 8, and 15
creating a first profile for a user in an online dating service;
providing, to the user, a view of a second profile, the second profile including a photo and being of another user in the online dating service;
soliciting the user to pay a fee for the online dating service;
permitting the user to receive preferential positioning in the context of being matched to the other user, at least in part based on the fee;
delivering a communication with the other user's profile; and
permitting the user to communicate more frequently with the other user, at least in part based on the fee.
Claims 22, 29, and 36
the communication is defined by a message.
Claims 2 and 9
delivering a message to the other user via the online dating service.
Claims 23 and 30
the fee is for a subscription-based service.
Claims 3 and 10
the online dating service includes a subscription-based service.
Claims 25, 38, and 32
the feature is defined by providing an additional match to the first user, at least in part based on the fee .
Claims 4, 7, and 11
providing an additional match to the user, at least in part based on the fee.
Claims 26, 33, and 39
the feature is defined by permitting the first user to target a search based on a criterion, at least in part based on the fee.
Claims 5, 12, and 18
permitting the user to target a search based on a criterion, at least in part based on the fee.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of Patent No. 12107932 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of Patent No. 12107932.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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 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 21-23 , 28-30, 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20150058423 A1 ), hereafter Chen in view of Khaef et al. (US 20140372290 A1), hereafter Khaef.
Regarding claim 21, Chen teaches a method, comprising:
providing, to a first user of an online dating service, a view of a profile including a photo, the profile being of a second user in the online dating service ([0044], fig. 1, the action logger 146 populates the activity log 142 with information about user actions. Any action that a particular user takes with respect to another node on the social networking system 130 may be associated with each user's profile, through information maintained in the activity log 142; [0082] notifications concerning the photos category may be provided to the user when, for example, the user is "tagged" in a photo, another comments on a photo in which the user appears or is "tagged", the user uploads a photo to the social networking website);
delivering a communication from the first user to the second user via the online dating service [0069] if User A and User B are friends, there may be an additional path that indirectly connects User A to the article through User B, who posted the article; ([0072] how often User A views the profile or content associated with User B may be determined and expressed as an observation coefficient).
Chen does not explicitly teach
soliciting the first user to pay a fee for the online dating service; and
providing a feature to the first user on the online dating service, at least in part based on the fee.
Khaef teaches
soliciting the first user to pay a fee for the online dating service ([0073] A sponsor may offer the (online dating) site a discount or special offer for users that pre-purchase gift certificates); and
providing a feature to the first user on the online dating service, at least in part based on the fee ([0102] acknowledger may be required to pay a small fee to accept (i.e., acknowledge) the invitation from Initiator (the first user);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a fee dating system, as taught by Khaef. One would be motivated to do so for enhanced user experience and lead to more revenue generation opportunities for operators and advertising sponsors of such sites.
Regarding claims 22, 29, and 36, Chen and Khaef teach all limitations of parent claims 21, 28, and 35, wherein Chen further teaches the communication is defined by a message ([0042] The web server may include a mail server or other messaging functionality for receiving and routing messages between the social networking system and one or more user devices).
Regarding claims 23 and 30, Chen and Khaef teach all limitations of parent claims 21 and 28, wherein Khaef further teaches the fee is for a subscription-based service ([0037] an application service provider--an individual person, business, or other entity--may allow access, on a free registration, paid subscriber).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a fee for a subscription, as taught by Khaef. One would be motivated to do so for enhanced user experience and lead to more revenue generation opportunities for operators and advertising sponsors of such sites.
Regarding claim 28, Chen teaches a non-transitory, computer-readable medium that includes code for execution and that, when executed by a processor, is operable to perform operations comprising:
providing, to a first user of an online dating service, a view of a profile including a photo, the profile being of a second user in the online dating service ([0044] The action logger 146 populates the activity log 142 with information about user actions. Any action that a particular user takes with respect to another node on the social networking system 130 may be associated with each user's profile, through information maintained in the activity log 142; [0082] notifications concerning the photos category may be provided to the user when, for example, the user is "tagged" in a photo, another comments on a photo in which the user appears or is "tagged", the user uploads a photo to the social networking website);
delivering a communication from the first user to the second user via the online dating service ([0069] if User A and User B are friends, there may be an additional path that indirectly connects User A to the article through User B, who posted the article; [0072] how often User A views the profile or content associated with User B may be determined and expressed as an observation coefficient).
Chen does not explicitly teach
soliciting the first user to pay a fee for the online dating service; and
providing a feature to the first user on the online dating service, at least in part based on the fee.
Khaef teaches
soliciting the first user to pay a fee for the online dating service ([0073] A sponsor may offer the (online dating) site a discount or special offer for users that pre-purchase gift certificates); and
providing a feature to the first user on the online dating service, at least in part based on the fee ([0102] acknowledger may be required to pay a small fee to accept (i.e., acknowledge) the invitation from Initiator (the first user);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a fee dating system, as taught by Khaef.
Regarding claim 35, Chen teaches an apparatus, comprising:
a memory that stores at least one instruction; and
a processor configured to execute the at least one instruction to cause the apparatus to
provide, to a first user of an online dating service, a view of a profile including a photo, the profile being of a second user in the online dating service ([0044] The action logger 146 populates the activity log 142 with information about user actions. Any action that a particular user takes with respect to another node on the social networking system 130 may be associated with each user's profile, through information maintained in the activity log 142; [0082] notifications concerning the photos category may be provided to the user when, for example, the user is "tagged" in a photo, another comments on a photo in which the user appears or is "tagged", the user uploads a photo to the social networking website)
deliver a communication from the first user to the second user via the online dating service ([0069] if User A and User B are friends, there may be an additional path that indirectly connects User A to the article through User B, who posted the article; [0072] how often User A views the profile or content associated with User B may be determined and expressed as an observation coefficient).
Chen does not explicitly teach
solicit the first user to pay a fee for the online dating service;
provide a feature to the first user on the online dating service, at least in part based on the fee; and
solicit the first user to pay a fee for the online dating service ([0073] A sponsor may offer the (online dating) site a discount or special offer for users that pre-purchase gift certificates); and
provide a feature to the first user on the online dating service, at least in part based on the fee ([0102] acknowledger may be required to pay a small fee to accept (i.e., acknowledge) the invitation from Initiator (the first user);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a fee dating system, as taught by Khaef. One would be motivated to do so for enhanced user experience and lead to more revenue generation opportunities for operators and advertising sponsors of such sites.
Claims 24-25, 37-38, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Khaef and further in view of Giordani et al. (US 8332418 B1), hereafter Giordani.
Regarding claims 24, 37, and 31, Chen and Khaef teach all limitations of parent claims 21, 35, and 28, Chen does not explicitly teach
wherein the feature is defined by permitting the first user to communicate more frequently with the second user, at least in part based on the fee.
Giordani teaches
wherein the feature is defined by permitting the first user to communicate more frequently with the second user, at least in part based on the fee (col. 3, lines 19-21, a matching service agrees to provide 10 matches and additional matches can be made for additional fees).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, an addition fee after user exceeds the free service, as taught by Giordani. One would be motivated to do so to maintain the processes and databases for a number of different users, or it may represent a distributed set of computers located in different geographic regions, each serving a different group of users.
Regarding claims 25, 38, and 32, Chen and Khaef teach all limitations of parent claims 21, 28, and 35, Chen does not explicitly teach
wherein the feature is defined by providing an additional match to the first user, at least in part based on the fee.
Giordani teaches
wherein the feature is defined by providing an additional match to the first user, at least in part based on the fee (col. 3, lines 20-21, additional matches can be made for additional fees).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, an addition fee after user exceeds the free service, as taught by Giordani. One would be motivated to do so to maintain the processes and databases for a number of different users, or it may represent a distributed set of computers located in different geographic regions, each serving a different group of users.
Claims 26-27, 33-34, and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of in view of Khaef and further in view of Thomas (US 20110252340 A1).
Regarding claims 26, 33, and 39, Chen and Khaef teach all limitations of parent claims 21, 28, and 35, Chen does not explicitly teach wherein the feature is defined by permitting the first user to target a search based on a criterion, at least in part based on the fee.
Thomas teaches
the feature is defined by permitting the first user to target a search based on a criterion, at least in part based on the fee ([0094] once an account is set up and the required membership fee is paid, the user is then allowed to begin his/her search).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a membership fee to search for other members, as taught by Thomas. One would be motivated to do so to maintain the processes and databases for a number of different users, or it may represent a distributed set of computers located in different geographic regions, each serving a different group of users.
Regarding claims 27, 34, and 40, Chen and Khaef teach all limitations of parent claims 21, 28, and 35, Chen does not explicitly teach
wherein the feature is defined by permitting the first user to receive preferential positioning in the context of being matched to the second user, at least in part based on the fee.
Thomas teaches
wherein the feature is defined by permitting the first user to receive preferential positioning in the context of being matched to the second user, at least in part based on the fee ([0071] As indicated, certain witnesses may be granted a limited membership, e.g., without search or hosting capabilities or other capabilities, but with a free or discounted membership to watch auditions or dates open to the public, limited public, or designated group, and so on).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Chen disclosure, a membership fee to search for other members, as taught by Thomas. One would be motivated to do so to maintain the processes and databases for a number of different users, or it may represent a distributed set of computers located in different geographic regions, each serving a different group of users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Leibu (US 8478757 B2) and Pierce (US 8458153 B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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/ANH NGUYEN/ Primary Examiner, Art Unit 2458