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 Interpretation
Claim 15, limitation, in response to the user having entered into the geofence area, activating a link sent to a user device of the user to allow the user to attend the remote online processing through an audiovisual platform” This is contingent/conditional limitation(s). The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met.
[See, (MPEP 2111.04) II. CONTINGENT LIMITATIONS
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent is not met.]
In present claim 15, the active link would only be sent when the person will enter the geofence, otherwise, this step is not performed, and the prior art is not required to teach this element when the condition is not met. However, for compact prosecution, examiner has addressed this limitation.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1, discloses “defining a geofence area for a geofence-based remote online processing; collecting location information of a user attending to the geofence-based remote online processing; comparing the location information of the user with the geofence area to determine whether the user has entered into the geofence area; and in response to the user having entered into the geofence area, activating a link sent to a user device of the user to allow the user to attend the remote online processing through an audiovisual platform”.
Step 1, it’s a system claim.
Step 2A, prong 1, the steps of defining, comparing and provide notification claims were directed to the abstract idea of monitoring and controlling or providing notification to the user within defined geographic areas. Comparing location information (geofencing) with a user's device, which is Mental Processes (observation, evaluation, judgment, and/or opinion) and triggering a notification (activating a link) represents a concept of performing an automated action based on a person's physical location.
Step 2A, prong 2, the additional step of collecting information is insignificant extra solution activity of data gathering (MPEP 2106.05 (g)). The additional elements, when considered a whole, the claimed invention fails to recite any improvement in any technology or technical field (MPEP 2106.05(a)) or recite any meaningful limitations (MPEP 2106.05(e)). The limitations are no more than mere automation of a mental process to activating a link upon user entering the geofencing area. The additional element of defining the geofence can be done mentally or using general purpose computer which is abstract idea.
Step 2B, the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole.
under Step 2B, limitation(s) that are insignificant extra-solution activity under step 2A, Prong 2, need to be re-evaluated to determine whether they are well-understood, routine, conventional activities.
Specifically, the limitation, “collecting information,” is just receiving/transmitting data over a network, which is mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(d)(II).
When considered a whole, the claimed invention still fails amount to significantly more than applying a judicial exception using a generic computer.
Claim 2 describes triangulation is well known mathematical step and not significant than abstract idea of mathematical concept. Claims 3-6 are fundamental concept—performing an automated action based on a person's physical location. Claim 7 is collecting information which is data gathering and not significant. Claim 8 is location information of the user when the user is still is remote online processing is abstract idea can be done mentally. Claim 9, terminating remote online processing when the user left the geofence area is using generic computer components to perform the function and not significant. Claim 10, recording and saving the remote online processing is merely using generic computer functions and not significant. Claim 11 discloses what the geofence area is and not significant. Claim 12, reading plate number can be done manually and its abstract idea. Claim 13, verifying identity in geofence area is merely comparing information is mental concepts. Claim 14, again using the ID reader or biometric reader to verify identity and using generic components to perform action is abstract idea. Similarly, claims 15-20 are rejected for same reasons claims above are rejected.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Phillips et al. (US 2015/0148078)(hereafter Phillips) in view of to Triola et al. (US 2019/0319948)(hereafter Triola).
Regarding Claims 1 and 15, Phillips discloses a system for geofence-based application (Abstract; [0172] services may be linked to a geofence 900. For example, all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a ... application; [0073] The application based service may be provided to a user of the portable electronic facility via a Web interface such as a Web browser. In this case, embodiments may comprise the Web server 110 for delivering the service; [0145] the tracking 1200 may be associated with real estate) comprising: a processor (Fig 1); and a memory, coupled to the processor, configured to store executable instructions that, when executed by the processor, cause the processor to perform operations (Fig 1) and a computer-implemented method (Abstract), comprising:
defining a geofence area for a geofence-based application ([0022] methods and systems of defining a geofence on a portable electronic facility involving inputting the geofence using the portable electronic facility. The center and a radius of a geofence may be entered on the portable electronic facility; [0172] services may be linked to a geofence 900. For example, all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a ... application; [0073] The application based service may be provided to a user of the portable electronic facility via a Web interface such as a Web browser. In this case, embodiments may comprise the Web server 110 for delivering the service; Fig 9);
collecting location information of a user attending to the geofence-based application ([0013] The method may involve receiving location information on the portable electronic facility; [0024] sending location based alerts involving determining the location of a portable electronic facility and sending an alert based on the location of the portable electronic facility; [0145] In another application, the tracking 1200 may be associated with real estate);
comparing the location information of the user with the geofence area to determine whether the user has entered into the geofence area ([0024] sending location-based alerts involving determining the location of a portable electronic facility and sending an alert based on the location of the portable electronic facility. The alert may be in response to the location of a portable electronic facility with respect to a geofence; [0076] establishment of a geofence ( described below in detail) and the monitoring of the portable electronic facility with respect to its crossing the geofence);
in response to the user having entered into the geofence area, activating a link sent to a user device of the user to allow the user to attend the application through an audiovisual platform ([0172] services may be linked to a geofence 900. For example, all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services ... The service may be a ... application interpreted as activating a link sent to a user device of the user to allow the user to attend the real estate application through an audiovisual platform; [0145] In another application, the tracking 1200 may be associated with real estate; [0073] The application based service may be provided to a user of the portable electronic facility via a Web interface such as a Web browser. In this case, embodiments may comprise the Web server 110 for delivering the service interpreted as activating a link sent to a user device of the user to allow the user to attend the real estate application through an audiovisual platform; [0006] transmit a current location of a portable electronic facility, such as to another device or system and may receive an electronic storage file ... The file or message may contain code the enables a specific user interface capability for the portable electronic facility, so that it displays a version of the user interface based on the contents of the electronic storage file, message or other contents. The portable electronic facility may take various forms, such as, without limitation ... a mobile phone with a camera, a mobile phone with browser capabilities ... a laptop computer; [0124] The file or message may contain code the enables a specific user interface capability for the portable electronic facility 300, so that it displays a version of the user interface 1000 based on the contents of the electronic storage file 1004, message or other contents; [0007] The storage file may be transmitted from a remote location and may without limitation be in a format such as ... an application ...The storage file may contain user interface information, such as specific menus that may be for a specific location and/or specific allocations that may be for a specific location; [0008] an application that may only be available at certain locations; [0013] The method may involve receiving location information on the portable electronic facility and effecting a change on the portable electronic facility based on the location information. The change may involve ... starting an application ... The output may involve audio, video; [0014] The change may affect the availability of an application; [007 4] and/or a need of the third-party service provider 200 (such as, receiving data in a file that is formatted to facilitate automated processing); [0092] a software application 618 such as but not limited to ... a relationship management application; [0095] The portable electronic facility 300 may communicate with the other elements of the location services facility, for example and without limitation the application server 108, the Web server 110, the database 100, the third-party service provider 200, the first end user 202, the second end user 204, another portable electronic facility 300, the distributed database component 302, the peer-to-peer network 304, the database server 500, the Web/application server 502, the storage device 504, the dual internet connection 508, the Cisco 6509 510, the A-side network 512, and/or the B-side network 514. This communication may comprise two-way communication).
Phillips fails to explicitly disclose remote online processing.
Triola is also in the field of geofence-based remote online processing (Abstract; [0022] The remote notary may also include ... multi-factor identity proofing where more than one level of authentication occurs either
in a notary session or over multiple notary sessions ... GPS and geo-location tools) and teaches remote online processing ([0040] FIG. 4A illustrates a flow chart for an execution of a remote notary session. At 401, the system may receive information about a signatory. At 402-404, the system may validate the user, enable the user to login, and upload a file, respectively. In some embodiments, a link may be sent to a user without requiring a user to register or enter any credentials; [0048] FIG. 4H shows a process for a notary and signer to join a meeting 1100. At 1101, the participants to the remote notary receive a link to access the session in 1102 ... a link may be sent to a user without requiring a user to register or enter any credentials; [0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session; [0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal. .. It should also be noted that the sessions and transactions described herein can be applied any type of transaction, including, but not limited to, real estate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claims 2 and 16, Phillips further discloses wherein the location information is determined through communications between the user device associated with the user and a base station using techniques including trilateration or triangulation ([0099] The location information provided by the location services facility to the user may originate from the use of various methods incorporating data from a sensor facility such as, without limitation ... a plurality of cell phone towers (for example, for time and/or triangulation)).
Regarding Claim 3, Phillips fails to explicitly disclose wherein the remote online processing includes one or more of an online notarization session or a remote eclosing session.
Triola teaches the remote online processing includes one or more of an online notarization session or a remote eClosing session ([0048] FIG. 4H shows a process for a notary and signer to join a meeting 1100. At 1101, the participants to the remote notary receive a link to access the session in 1102 ... a link may be sent to a user without requiring a user to register or enter any credentials; [0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claim 4, Phillips fails to explicitly disclose wherein the online notarization session includes conducting a digital seal of a document.
Triola teaches the online notarization session includes conducting a digital seal of a document ([0024] The notary processes and systems may also include an online PDF editor to notarize, seal, and/or sign the electronic document; [0027] a tamper proof or tamper evident notary seal may be applied to the executed document).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the digital seal of a document taught in Triola, the motivation being to provide optimal security for the document (Triola [0018]).
Regarding Claim 5, Phillips fails to explicitly disclose wherein the digital seal is automatically generated in the online notarization session.
Triola teaches the digital seal is automatically generated in the online notarization session ([0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal; [0039] FIG. 3G illustrates an electronic seal 130 added to the electronic document; Fig 3G).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the digital seal automatically generated taught in Triola, the motivation being to provide optimal security for the document (Triola [0018]).
Regarding Claim 6, Phillips discloses unauthorized access or tampering ([0011] Access to the storage file or information may be password protected and the storage file or information may be encrypted; [0084] The database server 500 may also store information pertaining to the user's privacy or security. The user may be provided an option to choose if the location and/or velocity of the portable electronic facility associated with the user is recorded in the database 100. This enables privacy by allowing the user to determine the persistence of data associated with the user. The user may also be asked to provide a personal identification number (PIN), which may be entered into a handset that may be the portable electronic facility 300. This PIN, perhaps in conjunction with the handset's phone number, comprises an authentication code needed to access a service enabled by the present invention).
Phillips fails to explicitly disclose wherein the digital seal includes tamper evidence for preventing an electronic signature from unauthorized access or tampering.
Triola teaches wherein the digital seal includes tamper evidence for preventing an electronic signature from unauthorized access or tampering ([0027] a tamper proof or tamper evident notary seal may be applied to the executed document).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the tamper evidence for preventing an electronic signature from unauthorized access or tampering taught in Triola, the motivation being to provide optimal security for the document (Triola [0018]).
Regarding Claim 7 and 17, Phillips discloses wherein collecting the location information of the user includes consistently collecting the location information of the user while the user is still in the application ([0172] services may be linked to a geofence 900. For example, all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a ... application; [0145] In another application, the tracking 1200 may
be associated with real estate; [0015] The information may refresh continuously, in accordance with set preferences or in response to a request. The frequency of the requests may be varied in response to speed, location, specified preferences, proximity to a point of interest, or changes in a geofence ).
Phillips fails to explicitly disclose the remote online processing.
Triola teaches the remote online processing ([0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session; [0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal. ... It should also be noted that the sessions and transactions described herein can be applied any type of transaction, including, but not limited to, real estate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claim 8 and 18, Phillips discloses wherein the location information of the user is collected at a lower frequency when the user is still in the application when compared to the user not in the application session ([0172] services may be linked to a geofence 900. For example, all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a ... application; [0145] In another application, the
tracking 1200 may be associated with real estate; [0015] The information may refresh continuously, in accordance with set preferences or in response to a request. The frequency of the requests may be varied in response to speed, location, specified preferences, proximity to a point of interest, or changes in a geofence).
Phillips fails to explicitly disclose the remote online processing.
Triola teaches the remote online processing ([0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session; [0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal. ... It should also be noted that the sessions and transactions described herein can be applied any type of transaction, including, but not limited to, real estate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claims 9 and 19, Phillips discloses wherein the online application is terminated on the user device through the audiovisual platform when the user is determined to have left the geofence area while the user is still attending the application ([0013] The method may involve receiving location information on the portable electronic facility and effecting a change on the portable electronic facility based on the location information. The change may involve ... stopping an application or the output of information).
Phillips fails to explicitly disclose the remote online processing.
Triola teaches the remote online processing ([0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session; [0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal. ... It should also be noted that the sessions and transactions described herein can be applied any type of transaction, including, but not limited to, real estate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claims 10 and 20, Phillips discloses wherein the application is recorded and saved at a predefined location upon completion of the application ([0145] the tracking 1200 may be associated with real estate, such as, without limitation, tracking a location of a house for sale, which may be associated with a picture, directions, and/or tracking visitors to the real estate. For example, a portable electronic facility 300 may be associated with a digital camera, and the location of a picture or recording, as determined by the tracking facility 1200, may be embedded in the picture or recording for future retrieval of the location of the picture. Such a picture or recording location capability may be used to know the location of a real estate location).
Phillips fails to explicitly disclose the remote online processing.
Triola teaches the remote online processing ([0029] The computers 10, 20 and 50 may include audio and video equipment that may be used to provide a virtual, real-time remote notary session; [0017] A "notary" is a person or an automated process for performing a notary session and/or applying a notary seal. ... It should also be noted that the sessions and transactions described herein can be applied any type of transaction, including, but not limited to, real estate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the remote online processing taught in Triola, the motivation being to add robustness to the type of remote online real estate application methods that utilize geo-location tools (Triola [0022]).
Regarding Claim 11, Phillips discloses wherein the geofence area is equipped with one or more accessories for determining the location information of the user ([0099] The location information provided by the location services facility to the user may originate from the use of various methods incorporating data from a sensor facility such as, without limitation, a global positioning system (GPS), a radio frequency identification (RFID), a plurality of cell phone towers (for example, for time and/or triangulation); [0016] triggering the output of location-based information involving receiving information via a portable electronic facility and outputting location-based information based on the received information. The information may be received via a sensor, which may measure the parameters of a device, facility or vehicle).
Regarding Claim 12, Phillips discloses wherein the one or more accessories include a sensor for reading a vehicle associated with the user ([0016] triggering the output of location-based information involving receiving information via a portable electronic facility and outputting location-based information based on the received information. The information may be received via a sensor, which may measure the parameters of a device, facility or vehicle), but fails to explicitly disclose a plate reader for reading a plate number of a vehicle associated with the user. Furthermore, the type of sensor, "a plate reader for reading a plate number of a vehicle associated with the user", would have been well known in the art and would have involved ordinary skills in the art at the time of the invention. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Phillips with the plate reader for reading a plate number of a vehicle associated with the user, the motivation being to effectively sense and send an alert if the vehicle position is outside a boundary ( Phillips [0136]).
Regarding Claim 13, Phillips discloses wherein the geofence area is equipped with one or more accessories for verifying a user identity of the user ([0182] Referring to FIG. 23, methods and systems disclosed herein may include methods and systems for verifying a transaction using a portable electronic facility 300. In such embodiments, the location of a portable electronic facility 300 may be linked to a location of a transaction 2302, such as to verify the presence of a user in proximity to the use of the user's credit card, debit card).
Regarding Claim 14, Phillips discloses wherein the one or more accessories include one or more of a credit/debit card reader, an ID reader, or a biometric reader or scanner ([0182] Referring to FIG. 23, methods and systems disclosed herein may include methods and systems for verifying a transaction using a portable electronic facility 300. In such embodiments, the location of a portable electronic facility 300 may be linked to a location of a transaction 2302, such as to verify the presence of a user in proximity to the use of the user's credit card, debit card).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Malley (US 2026/0057365) discloses contactless payment for hospitality services.
Stupachenko (US 11875159) discloses portable application based virtualization.
Varentsov et al. (US 11755348) discloses direct and proxy remote form content provisioning methods and system.
Khalyapin (US 11683363) discloses re-directed folder access on remote volumes and drives.
Raina (US 11475230) discloses geofence based quick response codes.
Exner et al. (US 2020/0204945) discloses method for determining a geofence parameter of a geofence area related to point of interest and related electronic device.
Jensen et al. (US 2020/0107150) discloses distributing using geofence based triggers
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/DHAVAL V PATEL/Primary Examiner, Art Unit 2631
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