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
Claims 1-28 are canceled. Claims 29-34 are new and pending and are considered in this Non-Final Office action.
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, or 365(c) is acknowledged. Applicant has indicated in the Application Data Sheet that the present application claims the benefit of Provisional Application 62/156,723 filed 04 May 2015.
Continuation
This application is a continuation application of U.S. application no. 15/567,042 filed on 10/16/2017 and 17/231,800 filed on 04/15/2021 (“Parent Application”). See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also, in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2. Finally, Applicants are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/18/2024 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. The initialed and dated copy of Applicant’s IDS form 1449 is attached to the instant Office action.
Specification
The amendment made to the Specification 1/15/2026 is entered.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 29-34 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 29, 33, 34, 36 and 38-39 of prior U.S. Patent No. 12,148,002. This is a statutory double patenting rejection.
Allowable Subject Matter
Claims 29-34 are allowable over the prior art. However, claims 29-34 remain rejected under a double patenting rejection. The most closely applicable prior art of record is Roundtree et al. (United States Patent Application Publication, 2009/0124271, hereinafter referred to as Roundtree). Roundtree discloses a method that automatically sends a SMS message to an application installed on the SIM to receive feedback from a user. While Roundtree is similar to the instant application in many respects, there are clear patentable distinctions. Specifically, Roundtree and the other cited references, fail to disclose the bolded independent claim limitations: A mobile network system for automatically sending a binary class 2 SMS message, comprising instructions to create a plurality of user interfaces, to an application installed on a SIM card installed on a mobile device connected to a mobile network after a call from the mobile device to a destination address has disconnected, comprising: a server operably connected to the mobile network via an Operator Switch, Home Location Registry, or application programming interface, configured to receive a first communication indicating that (i) the mobile network has recognized a Call Disconnect event indicating that a call connected from the mobile device to the destination address has disconnected and (ii) the destination address is associated with a business, wherein the first communication comprises a Mobile Station International Subscriber Directory Number (MSISDN) of the mobile device, a device type of the mobile device, a date and time of the call, and the destination address; determine a survey campaign associated with the business; prepare a binary class 2 SMS message, formatted for the device type and configured to be processed by the application installed on the SIM card, comprising: a first message comprising a prompt comprising a request to answer a survey about the business and a first actionable response option configured to accept the prompt request, wherein the first message is configured to be displayed on a screen of the mobile device without user action; a second message comprising a survey based on the survey campaign, the survey comprising a plurality of actionable response options; a command configured to launch the application installed on the SIM card; and instructions configured to instruct the application to: create a first user interface comprising the first message; display the first user interface on a screen of the mobile device without user action; create a second user interface comprising the second message; and display the second user interface on the screen when the first actionable response option is selected in the first user interface displayed on the screen; send the binary class 2 SMS message to the application on the SIM card of the mobile device via a Short Message Service Center (SMSC) or Multimedia Message Service Center (MMSC) connected to the mobile network; and receive a second communication comprising an actionable response option selected from the plurality of actionable response options in the second user interface. While the additional cited reference, Long et al. (2011: Mechanism for generic purpose SIM card communication and its application), identifies SIM card communications as a result of a triggering event, Long also fails to identify a mobile network system for automatically sending a binary class 2 SMS message, comprising instructions to create a plurality of user interfaces, to an application installed on a SIM card installed on a mobile device connected to a mobile network after a call from the mobile device to a destination address has disconnected, comprising: a server operably connected to the mobile network via an Operator Switch, Home Location Registry, or application programming interface, configured to receive a first communication indicating that (i) the mobile network has recognized a Call Disconnect event indicating that a call connected from the mobile device to the destination address has disconnected and (ii) the destination address is associated with a business, wherein the first communication comprises a Mobile Station International Subscriber Directory Number (MSISDN) of the mobile device, a device type of the mobile device, a date and time of the call, and the destination address; determine a survey campaign associated with the business; and display the first user interface on a screen of the mobile device without user action.” Therefore, the specific ordered combination of the claim elements in independent claim 29 cannot be found in the prior art and can only be found as recited in Applicant’s Specification. Any combination of the cited references and/or additional references to teach all of the claim elements would not be obvious and would result in impermissible hindsight reconstruction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Roundtree et al. (US 2009/0124271): A method for intercepting calls from a remote or mobile device for customer self-support detects when users or subscribers send messages, such as text messages. If the message contains an address that corresponds to a predetermined address (such as a customer support address), the phone may intercept the message and display a list of potential solutions to the subscriber's problems. Various other features and embodiments are disclosed.
Long et al. (2011: Mechanism for generic purpose SIM card communication and its application): This paper presents a mechanism based on the event driven model of card application toolkit runtime environment (CATRE) to implement the generic purpose SIM access. The mechanism extends the development and deployment of high security mobile applications using SIM card as a security element in mobile devices that do not support JSR 177. Based on the mechanism, several methods are considered and discussed, and some applications in m-commerce, m-government and m-signature are also presented.
Krinsky et al. (US 8,587,630): A video quality monitoring system allows the operator of a user device to report on received video quality. The video quality monitoring system allows the device user to establish or accept a communication that includes video displayed on the user device via a communications network. The video quality monitoring system may provide a manual or automated user-feedback process for the user to specify information about the received video quality as perceived by the user. User feedback may be correlated with time, location, video server performance, call data records, network performance, road traffic and weather data to produce an association of network events and conditions that correspond to user quality ratings.
Jaggi et al. (US 2017/0004517): A system and method for providing reviews that includes a network, a first client device connected to the network, a second client device connected to the network, a survey server connected to the network, and a social media server connected to the network. The method includes the steps of sending a message with a portion of bio information sent by the second client device; receiving a message with a code; sending a message with a link to a social media selection page; and, sending the social media selection page, which comprises one or more portions of the social media information.
Medin et al. (US 2014/0156992): In some implementations, a computing device may download a campaign from a server. The campaign may include a trigger and one or more actions associated with the trigger. In response to detecting that the trigger occurred, the computing device may perform the one or more actions associated with the trigger. The trigger may comprise an event that occurs at the computing device or a short message service (SMS) message that originates from the server.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLISON MICHELLE NEAL whose telephone number is (571)272-9334. The examiner can normally be reached 9-2pm ET, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at 5712705389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLISON M NEAL/Primary Examiner, Art Unit 3625
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