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
This communication is in response to the application filed on 11/11/2024 in which Claims 1-14 are presented for examination.
Drawings
The applicant’s drawings submitted on 11/112024 are acceptable for examination purposes.
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.
Claims 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because while Claim 1 is directed to a “A system for controlling a graphical user interface (GUI), the system comprising a processor configured to execute code for, there is no hardware described as being part of the controlling GUI system. While the GUI system includes the recitation of a processor, this may be interpreted as software per se, e.g. "software processor". Therefore, this claim cannot be an apparatus claim, which requires at least one piece of hardware. Due to claiming it as a system, it does not appear as though this claim should be placed in the method category. It is not a composition of matter or article of manufacture either. Therefore, claim 1 is non-statutory for failing to fall within a statutory category of invention. If Applicant intends for the claim to be directed to an apparatus, at least one piece of hardware will need to be included in the claim to be a statutory apparatus. For instance, Applicant could claim a “hardware processor”, or “microprocessor” as part of the system.
As to dependent claims 2-13, they are rejected under 35 U.S.C. § 101 for depending upon the non-statutory subject matter recited by independent claim 1.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by HELLED U.S. Patent Application Publication No. 20180063278 A1 (hereinafter "HELLED").
As to claim 1, HELLED teaches a system for controlling a graphical user interface (GUI), the system comprising a processor configured to execute code for: receiving indications from multiple users about profiles of interest presented to the users by a GUI executed on respective devices of the users, wherein each user has corresponding profile information presentable by the GUI; detecting couples of mutually interested users that indicated each other's profiles as profiles of interest; for each couple, once a predetermined condition, or more, is fulfilled, adding in the GUI an anonymous/alternative representation of a matched user in a match page of the other matched user, and initiating a conversation between the matched users by opening a conversation in the matches page in the GUI, wherein the anonymous/alternative representation conceals the represented user's full/public profile from the other user; and once a predetermined condition, or more, is fulfilled, changing the anonymous/alternative representation to a full representation by loading all the profile information and/or photos of the represented user to the match page (HELLED Pa. [0005-0114], claims 1 and 20) [A system for controlling a
graphical user interface (GUI), the system comprising a processor configured to execute code for: receiving indications from multiple users about profiles
of interest presented to the users by a GUI executed on respective devices of the users, wherein each user has corresponding profile information presentable by the GUI; detecting couples of mutually interested users that indicated each other's profiles as profiles of interest; for each couple, adding in the GUI an anonymous representation of a mutually interested user in a match page of the other mutually interested user, and initiating a discussion between the mutually interested users by opening a discussion page in the GUI, wherein the anonymous representation conceals the represented user's profile from the other user; and once a predetermined condition is fulfilled, changing the anonymous representation to a named representation by loading the profile information of the represented user to the match page.]
As to claim 2, HELLED teaches wherein the conversation is held in a voice call established between the matched users (HELLED claim 4) [wherein the discussion is held in a video call or an audio call established between the mutually interested users]; wherein the voice call is analyzed by an audio analysis to determine a compliance with at least one predetermined condition (HELLED claim 3) [wherein the video call is analyzed by an audio analysis to determine a compliance with at least one predetermined condition]
As to claim 3, HELLED teaches wherein the conversation is held in an audio call established between the matched users HELLED claim 4) [wherein the discussion is held in a video call or an audio call established between the mutually interested users]; wherein a video call is enabled based on a compliance with at least one predetermined condition or more (HELLED claim 3) [wherein the video call is analyzed by an audio analysis to determine a compliance with at least one predetermined condition]
As to claim 4, HELLED teaches wherein the processor is configured to count time and/or number of words by one or more of the users and/or number of messages and/or lead time between messages, and the conditions are combinations of these parameters, wherein the required number of words and/or messages is at least one of a list comprising varying dynamically based on predetermined conditions (HELLED Pa. [0006 and 0076]) [the processor is configured to count time, and the condition is lapse of a determined period of time. The length of the period of time is at least one of a list comprising varying dynamically based on predetermined conditions…whenever a message is sent or received, the anonymous period of time is reduced and the counter is lowered accordingly, in a certain amount of time or percentage of the original period], depending on a number of open conversations a user has with profiles of interest, depending on a sentiment of the conversation and depending on the continuousness of the conversation (HELLED Pa. [0006]) [The length of the period of time is at least one of a list comprising varying dynamically based on predetermined conditions, depending on a number of open discussions a user has with profiles of interest, depending on a sentiment of the discussion and depending on the continuousness of the discussion]
As to claim 5, HELLED teaches wherein the processor is configured to execute code for receiving a response by a user participating in the conversation to reveal his or her full profile, and deciding whether to reveal the participating users full profiles based on the mutual request to reveal, and instructing the presentation of the participating users full profiles (HELLED Pa. [0085-0086]) [may include the corresponding profile picture, such as picture 80 of the respective profile page 301, full name, and/or any other suitable revealing element. Once icon 88 changes to revealing icon 89, a user may view the respective full profile and/or return to conversation with a revealed profile at any time…elements of the profile may be revealed gradually and automatically until a full revealing of the profile when the anonymity period is lapsed. For example, an element of the profile are revealed in case the profile of interest appears by an icon 88 in matches page 302 but a discussion is not performed for a long time, for example a predetermined period of time. In some embodiments, the revealed element in each stage may be selected by the user. The gradual revealing may lure a user to start/continue a discussion with this profile of interest]
As to claim 6, HELLED teaches wherein the conversation page includes an anonymous Voice-Over Internet Protocol (VOIP) call (HELLED Pa. [0011]) t[he discussion page includes an anonymous Voice-Over Internet Protocol (VOIP) call]
As to claim 7, HELLED teaches wherein the conditions until revealing are reduced faster as the conversation is more active (HELLED Pa. [0012]) [wherein the time left until revealing is reduced faster as the discussion is more active]
As to claim 8, HELLED teaches wherein the conversation page includes a button for requesting revealing of the users participating in the conversation profiles (HELLED Pa. [0081]) [request to reveal the discussion's participating profiles before the anonymous discussion period of time lapses. Accordingly, page 304 may include a reveal button 96, which a participating user may use for requesting to reveal the participating profiles]
As to claim 9, HELLED teaches wherein the anonymous representation includes an icon representing an unrevealed profile of the other one of the matched users (HELLED Pa. [0017-0018]) [the anonymous representation includes an icon representing an unrevealed profile of the other one of the mutually interested users, wherein selection of the icon causes opening of the discussion page at the GUI for discussion between the mutually interested users.], wherein selection of the icon causes opening of the conversation page at the GUI for conversation between the matched users (HELLED Pa. [0020]) [adding an anonymous icon of a mutually interested user in a chats page, wherein selection of the icon opens a discussion page at the GUI for discussion between the mutually interested users. The chats page may include additional icons representing unrevealed profiles of other users mutually interested in the device's user, with which a discussion was initiated, the icons are presented on the chats page as a gallery of icons, enabling the user to review all his chats]
As to claim 10, claim recites the claimed that contain similar limitations as claims 1-9; therefore, it is rejected under the same rationale.
As to claim 11, HELLED teaches wherein the processor is configured to execute code for deciding which profiles are provided to the user to have a conversation based on at least one of a list comprising: user preferences, the profiles' users selections, selections of users with similar mindset mutually interested user characteristics and their values, popularity, number of users they speak with simultaneously on the system, number of messages exchanged with each user of interest, number of words exchanged with the each user of interest, number response time between the time a message was read and another message that was sent by the reading user, the mutually interest users behaviors on the system, any other suitable data and/or any calculations that use some or all of these (HELLED Pa. [0057]) [each user has a ranking score based on the user credibility, history of successful matches and/or scores provided by other users and/or according to the user's behavior. The ranking score of the user may be presented in his/her profile page]
As to claim 12, HELLED teaches wherein the processor is configured to execute code for dividing reviewed profiles in two groups of profile cards, one for profiles of interest and one for profiles of no interest, wherein the profiles of no interests may be reviewed again once a predetermined condition, or more, is fulfilled (HELLED Pa. [0058]) [profile page 301 includes buttons 84 and 86 for indication whether the profile interests the user or not, respectively. In other embodiments, one button may suffice for indication that the profile interests the user]
As to claim 13, HELLED teaches wherein the processor is configured to execute code for receiving location data from a user's device and for presenting to this user profiles according to the location data (HELLED Pa. [0024]) [the processor is configured to execute code for receiving location data from a user's device and for at least one of: presenting to this user profiles according to the location data and offering merchandise or services for sale according to the location data]
As to claim 14, claim 14 recite the claimed that respectively contain similar limitations as claim 1; therefore, it is rejected under the same rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVANS DESROSIERS whose telephone number is (571)270-5438. The examiner can normally be reached Monday -Friday 8:00 am - 5:30 pm.
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/EVANS DESROSIERS/Primary Examiner, Art Unit 2491
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