DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 13/631,522 and 15/688,294, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Claims 5-7 and 15-17. Claims 5 and 15 recite cause “the electronic device to indicate an animation and the name in the communication to transmit in response to user selection.” Examiner finds insufficient support for the claimed limitation. Claim 6 and 16 (which depends upon claim 5 and 15 respectively) further recites cause “the electronic device to cause the touchscreen to display the animation and the name simultaneously.” Claims 7 and 17, recite cause “the electronic device to cause the touchscreen to display an image of a building associated with the location of the user.” Examiner finds no support in the originally filed specification for the claimed limitation.
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 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 3- 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 9 and 10 of U.S. Patent No. 12,105,928. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention of claims 1-4, 9 and 10 of the patent is in effect a “species” of the “generic” invention of the application claims 3-8. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 3-8 are anticipated by claims 1-4, 9 and 10 of the patent, it is not patentably distinct from claims 1-4, 9 and 10 of the patent.
18901738
2. (New) A data storage media comprising instructions that, when executed by processor circuitry of an electronic device, cause the electronic device to: access first location data corresponding to a location of a user of the electronic device, the first location data based on an output of a global positioning system (GPS) receiver of the electronic device; access second location data corresponding to locations of other users of remote electronic devices; cause a touchscreen of the electronic device to display a map of an area of the location of the user, an avatar of the user on the map, and avatars of the other users on the map; acquire user environment information from a user environment information acquiring module; determine if the user environment information exceeds a threshold; cause the touchscreen to display an indicator representing the location of the user; cause communication circuitry of the electronic device to transmit a communication to be accessed by another electronic device, the communication indicative of a user environment indicator based on the acquired user environment information and the indicator representing the location of the user.
3. (New) The data storage media of claim 2, wherein the indicator representing the location of the user is a name.
4. (New) The data storage media of claim 2, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the indicator representing the location of the user in response to user selection of an icon on the touchscreen.
5. (New) The data storage media of claim 3, wherein the instructions, when executed, cause the electronic device to indicate an animation and the name in the communication to transmit in response to user selection.
6. (New) The data storage media of claim 5, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the animation and the name simultaneously.
7. (New) The data storage media of claim 2, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display an image of a building associated with the location of the user.
8. (New) The data storage media of claim 2, wherein the instructions cause the electronic device to cause the communication circuitry to transmit the communication to a server to be accessed by the another electronic device.
12105928
1. A data storage comprising instructions that, when executed by processor circuitry of an electronic device, cause the electronic device to: access first location data corresponding to a location of a user of the electronic device, the first location data based on an output of a global positioning system (GPS) receiver of the electronic device; access second location data corresponding to locations of other users of remote electronic devices; cause a touchscreen of the electronic device to display a map of an area of the location of the user, an avatar of the user on the map, and avatars of the other users on the map; access images from a camera of the electronic device; detect a face of the user in the images; determine a motion of the face of the user exceeds a threshold; create an animation based on the motion of the face of the user exceeding the threshold; cause the touchscreen to display the animation in response to the motion of the face of the user exceeding the threshold; cause the touchscreen to display a name representing the location of the user; and cause communication circuitry of the electronic device to transmit a message to be accessed by another electronic device, the message indicative of the animation and the name representing the location of the user.
2. The data storage of claim 1, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the name representing the location of the user in response to user selection of an icon on the touchscreen.
3. The data storage of claim 1, wherein the instructions, when executed, cause the electronic device to indicate the animation and the name in the message in response to user selection of the animation and the name.
4. The data storage of claim 1, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the animation and the name simultaneously.
9. The data storage of claim 1, wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display an image of a building associated with the location of the user, the message indicative of the image.
10. The data storage of claim 1, wherein the instructions cause the electronic device to cause the communication circuitry to transmit the message to a server to be accessed by the another electronic device.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 2-19 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Pereira et al., U.S. Patent Publication number 2010/0004005 A1.
Regarding claim 2, Pereira discloses a data storage media comprising instructions that, when executed by processor circuitry of an electronic device, cause the electronic device to: access first location data corresponding to a location of a user of the electronic device, the first location data based on an output of a global positioning system (GPS) receiver of the electronic device (paragraph 0015, location data may be obtained from a GPS circuit; paragraph 0016, receive data indicative of its location); access second location data corresponding to locations of other users of remote electronic devices (paragraph 0015, another mobile device whose location has been identified (e.g. another portable computing device may have a GPS circuit and may be capable of sharing its location information with other devices in proximity to the other portable computing device; ); cause a touchscreen of the electronic device to display a map of an area of the location of the user, an avatar of the user on the map, and avatars of the other users on the map (paragraph 0014, a user’s location may be displayed; paragraph 0084, user may of device may be provided with a notification including a graphical map displaying the geographic location of device; if user of device request location data for any devices within distance, both devices may be displayed to the user; FIG. 6); acquire user environment information from a user environment information acquiring module (paragraph 0061, once locations are identified, a user may be notified of their proximity to a location where a task can be completed; ); determine if the user environment information exceeds a threshold (paragraph 0060, identifying location; when the user is traveling at high speeds; user of a location for completing the task if the user is traveling above a threshold (fixed or variable ) speed and /or based on other criteria; )); cause the touchscreen to display an indicator representing the location of the user (paragraph 0022, provide an input which is received to indicate the current location of the device); cause communication circuitry of the electronic device to transmit a communication to be accessed by another electronic device, the communication indicative of a user environment indicator based on the user environment information and the indicator representing the location of the user (paragraph 0061, an image on a graphical user display such as an icon, a map showing a location where the task can be completed, user controllable options such as to route to the location, and/or some other visual notification).
Regarding claim 3, Pereira discloses wherein the indicator representing the location of the user is a name (paragraph 0016, convert that location information to a non-specific and/or user-defined name that is representative of that location).
Regarding claim 4, Pereira discloses wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the indicator representing the location of the user in response to user selection of an icon on the touchscreen (paragraph 0020, user defined name may be selected from a limited set (e.g. which a user chooses from a list such as a drop-down list) of names (e.g. home, school, work, gym, grocery store, friend's, etc.). In other embodiments, the user defined name may be free from such that a user may enter any name that a user desires to enter (e.g. "pumping iron" for a gym, "bored to tears" for school, "home" for home, etc.). If a user defined name is free-form (i.e. the user can enter any text such as text of any length, any text of a certain length, a predefined text followed by a free-form text, etc.; paragraph 0086, a user may select (e.g. highlight, hover over, etc.) one of the devices displayed on image, and be provided with an overlay menu of options (e.g. “email,’ ”call,” “topics to be discussed when nearby,” etc.);
Regarding claim 5, Pereira discloses cause the electronic device to indicate an animation and the name in the communication to transmit in response to user selection (paragraph 0061, visual (e.g. a flashing light such as a flashing LED, an image on a graphical user display such as an icon; paragraph 0086, user of device may be provided with a notification including a map of location and the particular location of device and optionally directions (e.g. turn-by-turn, graphical, etc.) to location; paragraph 0016, convert that location information to a non-specific and/or user-defined name that is representative of that location; paragraph 0044, provide a current location; prompt a user which may be visual, audible, tactile, and/or may take some other form (e.g., with an alarm, displaying the note or task, by vibrating, etc.); user may set reminders to be played).
Regarding claim 6, Pereira discloses wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display the animation and the name simultaneously (paragraph 0044, provide a current location; prompt a user which may be visual, audible, tactile, and/or may take some other form (e.g., with an alarm, displaying the note or task, by vibrating, etc.); user may set reminders to be played when most likely to be acted on by the user; paragraph 0047, location for a note or task may be defined by non-specific and/or user-defined names; Examiner interprets visual prompt and location as animation and name, as Pereira discloses it may be played and further the location is a user-defined name representative of that location, paragraph 0016).
Regarding claim 7, Periera discloses wherein the instructions, when executed, cause the electronic device to cause the touchscreen to display an image of a building associated with the location of the user (paragraph 0020, user-defined name may comprise a graphical image (e.g. an icon) representing a location (e.g., a picture of a house for "at home", a picture of a schoolhouse for "at school", etc."), either alone or along with a textual user-defined name and/or a user-defined name in some other visual format).
Regarding claim 8, Pereira discloses wherein the instructions cause the electronic device to cause the communication circuitry to transmit the communication to a server to be accessed by the another electronic device
(paragraph 0021, a user input device that interfaces with a server which sends--pushes, makes accessible, etc.--information to the mobile computing device 10, etc.), some other user input device, and/or any combination of user input devices; paragraph 0045, may access information from a server (e.g. website), may access information over the Internet, may access information stored on a device with which the device 10 communicates, and/or may obtain the information from any other source).
Regarding claim 9, Pereira discloses wherein the user environment information includes an activity performed by the user (paragraph 0014, "at a restaurant" or "at dinner" to describe the location of the user; paragraph 0020, name may be descriptive (e.g. "at the gym"; paragraph 0026, if the point of interest is a restaurant, a generic name such as "eating" or "out to dinner" may be created).
Regarding claim 10, Pereira discloses wherein the user environment information includes movement of the user (paragraph 0030, determining whether location information is to be provided at block 414 may be controlled by any number of other criteria such as conditions monitored by or relating to the mobile computing device 10. For example, various criteria related to the mobile computing device (e.g. speed and direction) may be monitored to determine whether the mobile computing device is at a location or is merely passing near a location).
Regarding claim 11, Pereira discloses wherein the user environment information includes a direction of travel of the user (paragraph 0030, determining whether location information is to be provided at block 414 may be controlled by any number of other criteria such as conditions monitored by or relating to the mobile computing device 10. For example, various criteria related to the mobile computing device (e.g. speed and direction) may be monitored to determine whether the mobile computing device is at a location or is merely passing near a location; paragraph 0044, in addition to location, such as the direction device 10 is traveling).
Regarding claims 12-19, they are rejected based upon similar rational as above. Pereira further discloses a method for use in an electronic device (paragraph 0019).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pujol, U.S. Patent Number 8,559,980 B2
Pujol discloses access first location data corresponding to a location of a user of the electronic device, the first location data based on an output of a global positioning system (GPS) receiver of the electronic device (col. 5, lines 12-15, determining a location and/or orientation for the computing device; locations services module can include a global positioning service (GPS) components); access second location data corresponding to locations of other users of remote electronic devices (col. 5, lines 20-22, can determine a location of the computing device based on monitoring signal strength and triangulation of wireless signal sources); cause a touchscreen of the electronic device to display a map of an area of the location of the user, an avatar of the user on the map, and avatars of the other users on the map (col. 5, lines 45-48, render a mapping interface where a user of the computing device is displayed in a mapped location along with any other discoverable computing devices within the boundaries of a map to be rendered; col. 7, lines 39, icon or avatar that is displayed through the map interface); acquire user environment information from a user environment information acquiring module (col. 7, lines 3-7, discoverability settings ; located under specific defined circumstances (e.g., close proximity); );
determine if the user environment information exceeds a threshold (col. 7, lines 65-67, indicating that a computing device with enable discoverability is within a defined range of the computing device); cause the touchscreen to display an indicator representing the location of the user (FIG. 8);
cause communication circuitry of the electronic device to transmit a communication to be accessed by another electronic device, the communication indicative of a user environment indicator based on the acquired user environment information and the indicator representing the location of the user (col. 7, lines 15-30, communication module provides a mechanism and user interface for a user of the computing device to communicate with other users of the location, communication and coordination system).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Chan can be reached at 571-272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619
Prosecution Insights