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 .
Double Patenting
The non-statutory 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 non-statutory obviousness-type 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); and 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 a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1, 3-4,7-10,15-16 and 18-19 of US Patent 12,219,193 B1 in view of US 2009/0024488 A1 to Romley. Although the conflicting claims are not identical, they are not patentably distinct from each other because the current application’s claim are only a feature in a way that slightly attempts to differ them from the claims of the Patent while still leading to the same inventive outcome.
Additionally, although the Patent discloses the majority of the currently claimed limitations, the Patent does not explicitly disclose wherein the characteristic comprises at least one geographic location associated with the portion of the multiple user accounts, demographic information shared by the portion of the multiple user accounts; wherein the characteristic comprises a type of interaction with the artist by the portion of the multiple user accounts, the type of interaction including at least one of: consuming a media content item associated with the artist; purchasing tickets for an event associated with the artist; purchasing merchandise associated with the artist; following the artist via one or more digital platforms; commenting on digital content associated with the artist; or sharing digital content associated with the artis, and wherein initiating performance of the at least one action item comprises sending an email, sending a notification, or publishing a post via one or more digital platforms.
However, in a related art, Romley discloses wherein the characteristic comprises at least one geographic location associated with the portion of the multiple user accounts, demographic information shared by the portion of the multiple user accounts (see page.5, ¶0043-¶0044, ¶0053¶); wherein the characteristic comprises a type of interaction with the artist by the portion of the multiple user accounts, the type of interaction including at least one of: consuming a media content item associated with the artist; purchasing tickets for an event associated with the artist; purchasing merchandise associated with the artist; following the artist via one or more digital platforms; commenting on digital content associated with the artist; or sharing digital content associated with the artis (see fig. 5; page.8,¶0073), and wherein initiating performance of the at least one action item comprises sending an email, sending a notification, or publishing a post via one or more digital platforms (see fig. 4A; page.6, ¶0054).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to combine the Patent and Romley to arrive at the claimed subject matter, by providing a networking system for multiple disparate parties or entities and a centralized workflow system that allows these disparate parties to transact business in a secure environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2015/0332384 A1 to Garcia- discloses provide media content by way of online markets. In particular, musicians, authors, filmmakers, actors, and the like may upload digital media content to an online marketplace for access other users, consumers, and fans.
US 2009/0024488 A1 to Romley -discloses provides a networking system for multiple disparate parties or entities and a centralized workflow system that allows these disparate parties to transact business in a secure environment.
US 2014/0359647 Ai to Shoemake et al.-discloses provides tools and techniques for implementing media content monitoring, trend estimation of media content, and/or recommendation generation for media content.
US 2013/0325525 A1 to Boyd, JR.-discloses providing an integrated online portal and marketplace for event-related items by relates to an integrated platform for ticket and merchandise sales, analysis of consumer behavior, and monetization of predicted behavior data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MULUGETA MENGESHA whose telephone number is (469)295-9212. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM ET.
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MULUGETA MENGESHA
Primary Examiner
Art Unit 2424
/Mulugeta Mengesha/ Primary Examiner, Art Unit 2424