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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the relationship between the system and the structural components of the system.
II. MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART
"[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.).
Claim 1 states the limitation “configured for” on line 6 of claim 1. The claim is directed to an apparatus (the “system”) and therefore must recite structural elements of the system in the limitations. However, the claim states steps that the system is “configured for” performing which does not further limit the scope of the structural elements of the system. The claim is directed to an apparatus, not a method, and therefore the limitations of the system must be structural.
Claims 1-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 8, 15, and 21-22 recite the limitation "first group" in line 6 of claim 1. There is insufficient antecedent basis for this limitation in the claim. The claim defines a “first group name” and “first unique identifier” as components of “first group data” without ever defining the “first group”.
Claim 5 recites the limitation "storing the first story" in line 2 of claim 5. There is insufficient antecedent basis for this limitation in the claim. The preceding claim only states that the first user is allowed to upload a first story; if the first user chooses to not upload a story, then a first story cannot be stored.
Claims 21-22 recite the limitation "one or more storage devices" in line 5 of claim 21. There is insufficient antecedent basis for this limitation in the claim. The one or more storage devices are not previously defined.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: determining that the set of first group members comprises the first user.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2-7 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. These claims recite steps the apparatus is “configured for” performing or manners of operating the device. The claims do not provide further structural limitations for the apparatus (“system”). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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, 6-10, 13-17, and 20-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by application US20230412553A1 by Boyd et al.
Regarding claim 1, Boyd et al. discloses a system ([0013] The description that follows includes systems, methods, techniques, instruction sequences, and computing machine program products that embody illustrative examples of the disclosure.) comprising: one or more storage devices (database server 120) comprising one or more databases (database server 120), data stores, memory components, computer readable media, and/or non-transitory computer readable media; one or more processors in communication with the one or more storage devices ([0137] The machine 1000 may include processors 1002, memory 1004, and input/output (I/O) components 1038, which may be configured to communicate with each other via a bus 1040.; [0136] The machine 1000 may comprise, but not be limited to, a server computer, a client computer, a personal computer (PC), a tablet computer, a laptop computer, a netbook, a set-top box (STB), a personal digital assistant (PDA), an entertainment media system, a cellular telephone, a smartphone, a mobile device, a wearable device (e.g., a smartwatch), a smart home device (e.g., a smart appliance), other smart devices, a web appliance, a network router, a network switch, a network bridge, or any machine capable of executing the instructions); the system configured for: storing first group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the first group data comprising: a first group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a first unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); allowing a first user (user) to join the first group ([0121] The community subgroup system 224 receives a request from a user to join a community by providing a school email address (or other account information). The community subgroup system 224 searches a list of communities to identify an individual community associated with a domain of the email address (or other portion of the account information)).
Regarding claim 2, Boyd et al. discloses further configured for: determining the first user (user) has joined the first group (community) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.).
Regarding claim 3, Boyd et al. discloses further configured for: in response to determining the first user has joined the first group (community), adding the first user (user) to a set of first group members (a given group) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.).
Regarding claim 6, Boyd et al. discloses further configured for: storing second group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the second group data comprising: a second group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a second unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain).
Regarding claim 7, Boyd et al. discloses further configured for: determining the first user (user) has joined the second group (community) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.); in response to determining the first user has joined the second group (community), adding the first user (user) to a set of second group members (a given group) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.).
Regarding claim 8, Boyd et al. discloses A method ([0013] The description that follows includes systems, methods, techniques, instruction sequences, and computing machine program products that embody illustrative examples of the disclosure.) comprising: storing first group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the first group data comprising: a first group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a first unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); allowing a first user (user) to join the first group ([0121] The community subgroup system 224 receives a request from a user to join a community by providing a school email address (or other account information). The community subgroup system 224 searches a list of communities to identify an individual community associated with a domain of the email address (or other portion of the account information)).
Regarding claim 15, Boyd et al. discloses a computer program product ([0013] The description that follows includes systems, methods, techniques, instruction sequences, and computing machine program products that embody illustrative examples of the disclosure.) comprising a computer readable storage medium having instructions encoded thereon that, when executed by a processor ([0137] The machine 1000 may include processors 1002, memory 1004, and input/output (I/O) components 1038, which may be configured to communicate with each other via a bus 1040.; [0136] The machine 1000 may comprise, but not be limited to, a server computer, a client computer, a personal computer (PC), a tablet computer, a laptop computer, a netbook, a set-top box (STB), a personal digital assistant (PDA), an entertainment media system, a cellular telephone, a smartphone, a mobile device, a wearable device (e.g., a smartwatch), a smart home device (e.g., a smart appliance), other smart devices, a web appliance, a network router, a network switch, a network bridge, or any machine capable of executing the instructions), cause the processor to: store first group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the first group data comprising: a first group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a first unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); allow a first user (user) to join the first group ([0121] The community subgroup system 224 receives a request from a user to join a community by providing a school email address (or other account information). The community subgroup system 224 searches a list of communities to identify an individual community associated with a domain of the email address (or other portion of the account information)).
Regarding claim 20, Boyd et al. discloses further cause the processor to: store second group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the second group data comprising: a second group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a second unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); determine the first user (user) has joined the second group (community) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.); in response to determining the first user has joined the second group (community), add the first user (user) to a set of second group members (a given group) ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.).
Regarding claim 21, Boyd et al. discloses a system (system) ([0013] The description that follows includes systems, methods, techniques, instruction sequences, and computing machine program products that embody illustrative examples of the disclosure.) comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for ([0137] The machine 1000 may include processors 1002, memory 1004, and input/output (I/O) components 1038, which may be configured to communicate with each other via a bus 1040.; [0136] The machine 1000 may comprise, but not be limited to, a server computer, a client computer, a personal computer (PC), a tablet computer, a laptop computer, a netbook, a set-top box (STB), a personal digital assistant (PDA), an entertainment media system, a cellular telephone, a smartphone, a mobile device, a wearable device (e.g., a smartwatch), a smart home device (e.g., a smart appliance), other smart devices, a web appliance, a network router, a network switch, a network bridge, or any machine capable of executing the instructions): storing first group data (account information in association with the individual community) in one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the first group data comprising: a first group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a first unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); allowing a first user (user) to join the first group ([0121] The community subgroup system 224 receives a request from a user to join a community by providing a school email address (or other account information). The community subgroup system 224 searches a list of communities to identify an individual community associated with a domain of the email address (or other portion of the account information)).
Regarding claim 22, Boyd et al. discloses a method ([0013] The description that follows includes systems, methods, techniques, instruction sequences, and computing machine program products that embody illustrative examples of the disclosure.) comprising: storing first group data (account information in association with the individual community) in the one or more storage devices ([0134] At operation 904, the community subgroup system 224 stores, by the server, the account information in association with the individual community), the first group data comprising: a first group name ([0126] The user interface 710 includes an identifier 714 of each community and/or group); a first unique group identifier ([0057] the community subgroup system 224 associates each community in the list of communities with a different domain); allowing a first user (user) to join the first group ([0121] The community subgroup system 224 receives a request from a user to join a community by providing a school email address (or other account information). The community subgroup system 224 searches a list of communities to identify an individual community associated with a domain of the email address (or other portion of the account information)).
Regarding claims 9 and claim 16, the limitations of claims 9 and 16 are rejected in the analysis of claim 2 above and these claims are rejected on that basis.
Regarding claims 10 and 17, the limitations of claims 10 and 17 are rejected in the analysis of claim 3 above and these claims are rejected on that basis.
Regarding claim 13, the limitations of claim 13 are rejected in the analysis of claim 6 above and this claim is rejected on that basis.
Regarding claim 14, the limitations of claim 14 are rejected in the analysis of claim 7 above and this claim is rejected on that basis.
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 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 nonobviousness.
Claim(s) 4, 11, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over application US20230412553A1 by Boyd et al. in view of application US20120036209A1 by Lewis et al.
Regarding claim 4, Boyd et al. teaches the limitations of claims 1-3. However, Boyd et al. does not teach in response to determining that the set of first group members comprises the first user, allowing the first user to upload a first story to the first group.
Lewis et al. discloses further configured for: in response to determining that the set of first group members comprises the first user ([0034] A role hierarchy which defines the specific duties and responsibilities associated with a given user is also provided to map an individual user into the inventive network system based on geographic location, organizational position, and role, as seen in FIG. 2A.), allowing the first user to upload a first story to the first group ([0049] An events tab as seen in FIG.16 allows for a story or briefing to be posted by any given user depicted in FIG.8. The story is optionally communicated to a given user or group based on permissivity, as shown in Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the subject matter of Boyd pertaining to a user on a social media platform joining a group of members and then subsequently joining a subgroup or a set of members of the group ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.) per Lewis to include the feature of allowing the user to post a story to the first group to allow the user to share a story containing social media content that is made visible to the group of members or the set of members of the group in Boyd.
Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over application US20230412553A1 by Boyd et al. in view of application US20120036209A1 by Lewis et al and further in view of Web content management system based on XML native database by Sokic et al.
Regarding claim 5, Boyd et al. teaches the limitations of claims 1-3 and Lewis et al. teaches the limitations of claim 4. However, Boyd and Lewis do not teach storing the first story in association with the first group data and in association with the first unique group identifier.
Sokic et al. teaches storing the first story (item) in association with the first group data (GROUP) and in association with the first unique group identifier (GROUP_ID) (Fig. 1 shows an item stored in a relational database which is associated with a Group containing a GROUP_ID field in the primary key and a NAME field in the foreign key enabling an item to be connected to a group stored in the relational database).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the subject matter of Boyd pertaining to a user on a social media platform joining a group of members and then subsequently joining a subgroup or a set of members of the group ([0126] The user interface 710 also includes an add community option 712. In response to detecting selection of the add community option 712, the community subgroup system 224 performs a set of operations similar to those discussed in relation to FIG. 6 above to add the user as a member of a given group.) and the subject matter of Lewis pertaining to sharing social media content to the group members or set of group members via posting a story ([0049] An events tab as seen in FIG.16 allows for a story or briefing to be posted by any given user depicted in FIG.8. The story is optionally communicated to a given user or group based on permissivity, as shown in Fig. 8) per Sokic to store the first story in association with the first group data to allow the modified invention to store the story posted by the user in a relational database as an item containing identifiers in various fields that designate which group of members or set of group members on the social media platform the story is intended for and serve the story to the mobile devices of the designated group members or designated set of group members.
Regarding claims 11 and 18, the limitations of claims 11 and 18 are rejected in the analysis of claim 4 above and these claims are rejected on that basis.
Regarding claims 12 and 19, the limitations of claims 12 and 19 are rejected in the analysis of claim 5 above and these claims are rejected on that basis.
Conclusion
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Referenced Patent Documents in this Office Action:
Boyd et al., US20230412553A1
Lewis et al., US20120036209A1
Referenced Non-Patent Documents in this Office Action:
Sokic et al., Web content management system based on XML native database, 2003-06-19, IEEE (Year: 2003)
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/NOAH BEAMON/Examiner, Art Unit 2454
/DOUGLAS B BLAIR/Primary Examiner, Art Unit 2454