DETAILED ACTION
Response to Amendment
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in reply to papers filed on 2026-07-01. Claims 1-18, 21-22 are pending, following Applicant's cancellation of claims 19-20 and addition of claims 21-22. Claims 1, 11 is/are independent.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
Response to Arguments
Applicant’s arguments have been fully considered but are moot in view of the new ground(s) of rejection.
With respect to claim(s) 1 (see page(s) 2-4 of Applicant’s Remarks), Applicant argues that the prior art of record (in particular, U.S. Publication 20190108353 to Sadeh et al. (hereinafter "Sadeh '353") in view of U.S. Publication 20130191481 to Prevost (hereinafter "Prevost '481")) does not disclose user preferences for dissemination or not of user data to marketers. Examiner agrees that Sadeh '353 is primarily directed to setting user permissions for an app and its publisher to have access to various user data stored on a device and the capabilities of the device, e.g. a user's contact list, a user's accumulated email, the take from a device sensor such as a microphone or camera. However, Sadeh '353 nevertheless has useful teachings concerning user consent and the use of data by marketers, such as the publishers of apps and their affiliates. Similarly, Applicant's attempt to dismiss Prevost '481 as fundamentally different from the instant claims is not persuasive. Prevost '481 lies squarely in the same field of endeavor and contains useful teachings about how to manage the use of user data, including email, text messages, etc. by marketers. Prevost '481 teaches user consent as the control on the sharing of these data [Prevost '481 ¶ 0108] with marketers.
Nevertheless, new grounds of rejection are presented below over U.S. Publication 20200302482 to Shakespeare (hereinafter "Shakespeare '482"). Shakespeare '482 discloses an installable app that collects user data and preferences and stores user consents [Shakespeare '482 ¶ 0069-0071, Fig. 13-15, ¶ 0057-0058]. While Shakespeare '482 withholds use non-verbal communication addresses, Prevost '481 collects consents for and shares such data [Prevost '481 ¶ 0108]. For the reasons detailed in the rejections below, it would have been obvious to have modified Shakespeare '482 in view of Prevost '481 to arrive at the claimed features.
Applicant’s arguments with respect to the remaining claim(s) is/are based on Applicant’s arguments with respect to claim(s) 1 and have been considered as detailed above.
Information Disclosure Statement PTO-1449
The Information Disclosure Statement(s) submitted by applicant on 2026-05-18 has/have been considered. The submission is in compliance with the provisions of 37 CFR § 1.97. Form PTO-1449 signed and attached hereto.
Summary of Claim Rejections under 35 U.S.C. § 103
The following table summarizes the rejections set forth in detail below of the claims over the prior art.
Claim No.
Shakespeare '482 in view of in view of Prevost '481
Shakespeare '482 in view of Prevost '481 in view of Sadeh '353
Shakespeare '482 in view of Prevost '481 in view of Shelton '575
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Claim Rejections - 35 U.S.C. § 103
The following is a quotation of the appropriate paragraphs of AIA 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.
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 AIA 35 U.S.C. 103 that 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-5, 7-11, 13-15, 17-20 is/are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Publication 20200302482 to Shakespeare (hereinafter "Shakespeare '482") in view of U.S. Publication 20130191481 to Prevost (hereinafter "Prevost '481"). Shakespeare '482 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2). Prevost '481 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 1 (independent):
Shakespeare '482 discloses a system for managing user data privacy (user determine how user's data will be used [Shakespeare '482 ¶ 0069])
Shakespeare '482 discloses the system a computer with one or more processor and memory, wherein the computer executes computer-readable instructions; and a network connection operatively connecting at least one user device to the computer; wherein, upon execution of the computer-readable instructions, the computer is configured to perform operations (user downloads and installs app to Android or Apple smartphone [Shakespeare '482 ¶ 0069]; processor(s), memory, computer readable media, storage, executable instructions [Shakespeare '482 ¶ 0040-0046])
Shakespeare '482 discloses initiate providing, via a graphical user interface of the at least one user device, a user software application to a user for installation on the at least one user device, wherein the at least one user device is configured to wirelessly communicate with the computer via the user software application (user downloads and installs app to Android or Apple smartphone [Shakespeare '482 ¶ 0069])
Shakespeare '482 discloses receive, via the user software application installed on the at least one user device, user data comprising personal information of the user (user inputs/edits user data [Shakespeare '482 ¶ 0069-0070, Fig. 13-15])
Shakespeare '482 does not disclose display, via the graphical user interface, a dashboard of the user software application based on the user data, wherein a first screen of the dashboard displays a menu listing of one or more preferences and a preference summary associated with each of the preferences, and wherein the menu listing of the preferences includes a data sharing preference option and a marketing preference option
However, Shakespeare '482 discloses display, via the graphical user interface, a dashboard of the user software application based on the user data, wherein a first screen of the dashboard displays a menu listing of one or more preferences and a preference summary associated with each of the preferences, and wherein the menu listing of the preferences includes a data usage preference option and a marketing preference option (user sets consents for marketing for each user attribute [Shakespeare '482 ¶ 0069-0071, Fig. 13-15, ¶ 0057-0058])
Shakespeare '482 does not disclose display, via the graphical user interface, a second screen of the dashboard based on a user selection of one of the preference options displayed on the first screen of the dashboard, wherein the second screen of the dashboard displays a plurality of non-verbal interaction preferences related to the user selection of one of the preference options, wherein each of the non-verbal interaction preferences comprises a consent choice governing distribution or downstream use of the user data by the computer, and wherein at least one of the non-verbal interaction preferences is an opt out preference
However, Shakespeare '482 discloses display, via the graphical user interface, a second screen of the dashboard based on a user selection of one of the preference options displayed on the first screen of the dashboard, wherein the second screen of the dashboard displays a plurality of data usage preferences related to the user selection of one of the preference options, wherein each of the data usage preferences comprises a consent choice governing distribution or downstream use of the user data by the computer, and wherein at least one of the data usage preferences is an opt out preference (subscreens for financial and household information have preferences / opt-outs [Shakespeare '482 ¶ 0069-0071, Fig. 13-15])
Shakespeare '482 does not disclose display, via the graphical user interface, a third screen of the dashboard in response to a setting of the non-verbal interaction preferences, wherein the third screen displays a confirmation that the non-verbal interaction preferences are submitted to the computer
However, Shakespeare '482 discloses display, via the graphical user interface, a third screen of the dashboard in response to a setting of the data usage preferences, wherein the third screen displays a confirmation that the data usage preferences are submitted to the computer (screens of app show updated state of user consent or non-consent [Shakespeare '482 ¶ 0069-0071, Fig. 13-15])
Shakespeare '482 does not disclose store the non-verbal interaction preferences in a unified consent master aligned to at least one user identifier of the user, wherein the at least one user identifier specifically identifies the user and comprises at least one of a user ID, a postal address, a phone number, and an email address
However, Shakespeare '482 discloses store the data usage preferences in a unified consent master aligned to at least one user identifier of the user, wherein the at least one user identifier specifically identifies the user and comprises at least one of a user ID, a postal address, a phone number, and an email address (each user has blockchain address correlated to profile, contact information, consents, etc. [Shakespeare '482 ¶ 0047, 0052-0058])
Shakespeare '482 does not disclose apply, by a consent/preference engine, one or more suppression rules to the user data based on the non-verbal interaction preferences stored in the unified consent master so as to control distribution of the user data to one or more downstream recipients, wherein applying the one or more suppression rules comprises filtering a marketing file of the user data to remove one or more records corresponding to the at least one opt out preference
However, Shakespeare '482 discloses apply, by a consent/preference engine, one or more suppression rules to the user data based on the data usage preferences stored in the unified consent master so as to control distribution of the user data to one or more downstream recipients, wherein applying the one or more suppression rules comprises filtering a marketing file of the user data to remove one or more records corresponding to the at least one opt out preference (matches user attributes to invitations/offers [Shakespeare '482 ¶ 0069-0071, Fig. 11, 17])
Further:
Prevost '481 discloses display, via the graphical user interface, a dashboard of the user software application based on the user data, wherein a first screen of the dashboard displays a menu listing of one or more preferences and a preference summary associated with each of the preferences, and wherein the menu listing of the preferences includes a data sharing preference option and a marketing preference option (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
Prevost '481 discloses display, via the graphical user interface, a second screen of the dashboard based on a user selection of one of the preference options displayed on the first screen of the dashboard, wherein the second screen of the dashboard displays a plurality of non-verbal interaction preferences related to the user selection of one of the preference options, wherein each of the non-verbal interaction preferences comprises a consent choice governing distribution or downstream use of the user data by the computer, and wherein at least one of the non-verbal interaction preferences is an opt out preference (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
Prevost '481 discloses display, via the graphical user interface, a third screen of the dashboard in response to a setting of the non-verbal interaction preferences, wherein the third screen displays a confirmation that the non-verbal interaction preferences are submitted to the computer (Dashboard GUI shows preferences after setting by user [Prevost '481 ¶ 0088-0090; Fig. 3E, 0108])
Prevost '481 discloses store the non-verbal interaction preferences in a unified consent master aligned to at least one user identifier of the user, wherein the at least one user identifier specifically identifies the user and comprises at least one of a user ID, a postal address, a phone number, and an email address (Dashboard GUI shows preferences after setting by user [Prevost '481 ¶ 0088-0090; Fig. 3E, 0108])
Prevost '481 discloses apply, by a consent/preference engine, one or more suppression rules to the user data based on the non-verbal interaction preferences stored in the unified consent master so as to control distribution of the user data to one or more downstream recipients, wherein applying the one or more suppression rules comprises filtering a marketing file of the user data to remove one or more records corresponding to the at least one opt out preference (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
It would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
display, via the graphical user interface, a dashboard of the user software application based on the user data, wherein a first screen of the dashboard displays a menu listing of one or more preferences and a preference summary associated with each of the preferences, and wherein the menu listing of the preferences includes a data sharing preference option and a marketing preference option
display, via the graphical user interface, a second screen of the dashboard based on a user selection of one of the preference options displayed on the first screen of the dashboard, wherein the second screen of the dashboard displays a plurality of non-verbal interaction preferences related to the user selection of one of the preference options, wherein each of the non-verbal interaction preferences comprises a consent choice governing distribution or downstream use of the user data by the computer, and wherein at least one of the non-verbal interaction preferences is an opt out preference
store the non-verbal interaction preferences in a unified consent master aligned to at least one user identifier of the user, wherein the at least one user identifier specifically identifies the user and comprises at least one of a user ID, a postal address, a phone number, and an email address
apply, by a consent/preference engine, one or more suppression rules to the user data based on the non-verbal interaction preferences stored in the unified consent master so as to control distribution of the user data to one or more downstream recipients, wherein applying the one or more suppression rules comprises filtering a marketing file of the user data to remove one or more records corresponding to the at least one opt out preference
A person having ordinary skill in the art would have been motivated to combine them at least because the data sharing of Prevost '481 would give advertisers greater ability to deliver targeted ads to individuals via particular channels such as email, text message, and social media. Meanwhile, the non-verbal communications channel preferences would give individuals some control over where the invitations/offers showed up. A person having ordinary skill in the art would have been further motivated to combine them at least because Prevost '481 teaches [Prevost '481 ¶ 0037-0040; ¶ 0088-0090; Figs. 3D, 3E] modifying a user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] such as that of Shakespeare '482 to arrive at the claimed invention; because Prevost '481 and Shakespeare '482 are in the same field of endeavor; because doing so constitutes use of a known technique (user interface screens and back-end data filtering controls [Prevost '481 ¶ 0037-0040; ¶ 0088-0090; Figs. 3D, 3E]) to improve similar devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) in the same way; because doing so constitutes applying a known technique (user interface screens and back-end data filtering controls [Prevost '481 ¶ 0037-0040; ¶ 0088-0090; Figs. 3D, 3E]) to known devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) ready for improvement to yield predictable results; and because the modification amounts to combining prior art elements according to known methods to yield predictable results. Here, (1) the prior art included each element (as detailed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods, and in this combination, each element merely performs the same function as it does separately (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] protects user personal information from external entity misuse via user interface screens and user preferences while permitting users to approve data sharing in limited circumstances [Prevost '481 ¶ 0037-0040; ¶ 0088-0090; Figs. 3D, 3E]); (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable; and (4) other considerations do not overcome this conclusion.
Per claim 3 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose , upon execution of the computer-readable instructions, the computer is further configured to filter the user data based upon the non-verbal interaction preferences; wherein, filtering comprises comparing the marketing file of the user data to solicitation non-verbal interaction preferences, deleting one or more non-verbal interaction preference profiles from the marketing file, and transmitting a filtered marketing file for use by a marketing module
However, Shakespeare '482 discloses , upon execution of the computer-readable instructions, the computer is further configured to filter the user data based upon the data usage preferences; wherein, filtering comprises comparing the marketing file of the user data to solicitation data usage preferences, deleting one or more data usage preference profiles from the marketing file, and transmitting a filtered marketing file for use by a marketing module (does not use any non-consented user data for matching user to invitations/offers [Shakespeare '482 ¶ 0069-0071, Fig. 11, 17])
Further:
Prevost '481 discloses , upon execution of the computer-readable instructions, the computer is further configured to filter the user data based upon the non-verbal interaction preferences; wherein, filtering comprises comparing the marketing file of the user data to solicitation non-verbal interaction preferences, deleting one or more non-verbal interaction preference profiles from the marketing file, and transmitting a filtered marketing file for use by a marketing module (sub-app sends personal information to multi-channel environment 102 to determine whether or not to share with various services that desire to communicate with user via one or more channels [Prevost '481 ¶ 0037-0040, 0108]; user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
upon execution of the computer-readable instructions, the computer is further configured to filter the user data based upon the non-verbal interaction preferences; wherein, filtering comprises comparing the marketing file of the user data to solicitation non-verbal interaction preferences, deleting one or more non-verbal interaction preference profiles from the marketing file, and transmitting a filtered marketing file for use by a marketing module
Per claim 4 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is received from at least one third-party system
However, Shakespeare '482 discloses at least one of the data usage preferences is received from at least one third-party system (obtains data from third-party sources [Shakespeare '482 ¶ 0037-0040; stores consents at blockchain address correlated to profile, contact information, consents, etc. [Shakespeare '482 ¶ 0047, 0052-0058])
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is received (Dashboard GUI shows preferences after setting by user [Prevost '481 ¶ 0088-0090; Fig. 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is received from at least one third-party system
Per claim 5 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is received from a customer information file
However, Shakespeare '482 discloses at least one of the data usage preferences is received from a customer information file (obtains data from personal files [Shakespeare '482 ¶ 0037-0040; stores consents at blockchain address correlated to profile, contact information, consents, etc. [Shakespeare '482 ¶ 0047, 0052-0058])
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is received (Dashboard GUI shows preferences after setting by user [Prevost '481 ¶ 0088-0090; Fig. 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is received from a customer information file
Per claim 7 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is an opt out of affiliate sharing
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is an opt out of affiliate sharing (user can opt out of communications from affiliates or from third parties [Prevost '481 ¶ 0108, 0126-0127, 0137, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is an opt out of affiliate sharing
Per claim 8 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is an opt out of third party sharing
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is an opt out of third party sharing (user can opt out of communications from affiliates or from third parties [Prevost '481 ¶ 0108, 0126-0127, 0137, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is an opt out of third party sharing
Per claim 9 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is an opt out of marketing emails for one or more email addresses of the user
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is an opt out of marketing emails for one or more email addresses of the user (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is an opt out of marketing emails for one or more email addresses of the user
Per claim 10 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is an opt out of marketing non-verbal interactions for one or more telephone numbers of the user
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is an opt out of marketing non-verbal interactions for one or more telephone numbers of the user (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is an opt out of marketing non-verbal interactions for one or more telephone numbers of the user
Per claim 11 (independent):
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 1 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 13 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 3 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 14 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 4 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 15 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 5 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 16 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 6 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 17 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 7 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 18 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is an opt out of at least one of third party sharing, marketing emails for one or more email addresses of the user, and marketing non-verbal interactions for one or more telephone numbers of the user
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is an opt out of at least one of third party sharing, marketing emails for one or more email addresses of the user, and marketing non-verbal interactions for one or more telephone numbers of the user (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is an opt out of at least one of third party sharing, marketing emails for one or more email addresses of the user, and marketing non-verbal interactions for one or more telephone numbers of the user
Per claim 21 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose the non-verbal interaction preferences control distribution or downstream use of the user data by one or more enterprise applications downstream of the user software application and are not permission settings that gate access by a third-party application to data residing on the at least one user device
However, Shakespeare '482 discloses the data usage preferences control distribution or downstream use of the user data by one or more enterprise applications downstream of the user software application and are not permission settings that gate access by a third-party application to data residing on the at least one user device (controls use of user attributes to match with invitations/offers [Shakespeare '482 ¶ 0069-0071, Fig. 11, 17]; user sets consents for marketing for each user attribute [Shakespeare '482 ¶ 0069-0071, Fig. 13-15, ¶ 0057-0058]; prevents downstream use of user attributes [Shakespeare '482 ¶ 0069-0071, Fig. 11, 17])
Further:
Prevost '481 discloses the non-verbal interaction preferences control distribution or downstream use of the user data by one or more enterprise applications downstream of the user software application and are not permission settings that gate access by a third-party application to data residing on the at least one user device (Dashboard GUI shows preferences after setting by user [Prevost '481 ¶ 0088-0090; Fig. 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
the non-verbal interaction preferences control distribution or downstream use of the user data by one or more enterprise applications downstream of the user software application and are not permission settings that gate access by a third-party application to data residing on the at least one user device
Per claim 22 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 21 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Claim(s) 2, 12 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Shakespeare '482 in view of Prevost '481 in view of U.S. Publication 20190108353 to Sadeh et al. (hereinafter "Sadeh '353"). Sadeh '353 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 2 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is dynamically updated based on a learning of a behavior of the user of the system
Further:
Sadeh '353 discloses at least one of the non-verbal interaction preferences is dynamically updated based on a learning of a behavior of the user of the system (recommends changing preferences using machine learning [Sadeh '353 ¶ 0044, 0060, 0057, 0079]; user grants/denies apps capability to send email and text messaging [Sadeh '353 ¶ 0024-0025])
It would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the user preferences suggestions of Sadeh '353 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is dynamically updated based on a learning of a behavior of the user of the system
A person having ordinary skill in the art would have been motivated to combine them at least because the user preferences suggestions of Sadeh '353 would reduce anomalies in user's choices by making preferences more uniform and provide users with the wisdom of crowds as to which preferences produce the best results. A person having ordinary skill in the art would have been further motivated to combine them at least because Sadeh '353 teaches [Sadeh '353 ¶ 0044, 0060, 0057, 0079, 0024-0025] modifying a user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] such as that of Shakespeare '482 to arrive at the claimed invention; because Sadeh '353 and Shakespeare '482 are in the same field of endeavor; because doing so constitutes use of a known technique (user preferences suggestions [Sadeh '353 ¶ 0044, 0060, 0057, 0079, 0024-0025]) to improve similar devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) in the same way; because doing so constitutes applying a known technique (user preferences suggestions [Sadeh '353 ¶ 0044, 0060, 0057, 0079, 0024-0025]) to known devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) ready for improvement to yield predictable results; and because the modification amounts to combining prior art elements according to known methods to yield predictable results. Here, (1) the prior art included each element (as detailed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods, and in this combination, each element merely performs the same function as it does separately (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] protects user personal information from external entity misuse using suggestions to set user preferences [Sadeh '353 ¶ 0044, 0060, 0057, 0079, 0024-0025]); (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable; and (4) other considerations do not overcome this conclusion.
Per claim 12 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 2 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Claim(s) 6, 16 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Shakespeare '482 in view of Prevost '481 in view of U.S. Publication 20150310575 to Shelton (hereinafter "Shelton '575"). Shelton '575 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 6 (dependent on claim 1):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Shakespeare '482 does not disclose at least one of the non-verbal interaction preferences is a global opt out of automatic decision making stored in the unified consent master
However, Shakespeare '482 discloses at least one of the data usage preferences is a opt out stored in the unified consent master (each user has blockchain address correlated to profile, contact information, consents, etc. [Shakespeare '482 ¶ 0047, 0052-0058])
Further:
Prevost '481 discloses at least one of the non-verbal interaction preferences is a opt out stored in the unified consent master (user preferences control whether entities can send offers via email or text message [Prevost '481 ¶ 0037-0039, 0108]; user sets email / text message preferences via Dashboard GUI [Prevost '481 ¶ 0088-0090; Figs. 3D, 3E, 0108])
For the reasons detailed above with respect to claim 1, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the non-verbal communications preferences and data sharing of Prevost '481 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is a global opt out of automatic decision making stored in the unified consent master
Further:
Shelton '575 discloses at least one of the data usage preferences is a global opt out of automatic decision making stored in the unified consent master (interface enables user to opt out of automatic decisions and be asked every time a particular scenario occurs for use of personal data [Shelton '575 ¶ 0080])
It would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Shakespeare '482 with the ask-me-every-time preference of Shelton '575 to arrive at an apparatus, method, and product including:
at least one of the non-verbal interaction preferences is a global opt out of automatic decision making stored in the unified consent master
A person having ordinary skill in the art would have been motivated to combine them at least because the ask-me-every-time preference of Shelton '575 would give users finer grained control of their information using the app of Sadeh '353. A person having ordinary skill in the art would have been further motivated to combine them at least because Shelton '575 teaches [Shelton '575 ¶ 0080] modifying a user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] such as that of Shakespeare '482 to arrive at the claimed invention; because Shelton '575 and Shakespeare '482 are in the same field of endeavor; because doing so constitutes use of a known technique (ask-me-every-time preference [Shelton '575 ¶ 0080]) to improve similar devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) in the same way; because doing so constitutes applying a known technique (ask-me-every-time preference [Shelton '575 ¶ 0080]) to known devices and/or methods (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15]) ready for improvement to yield predictable results; and because the modification amounts to combining prior art elements according to known methods to yield predictable results. Here, (1) the prior art included each element (as detailed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods, and in this combination, each element merely performs the same function as it does separately (user privacy manager [Shakespeare '482 ¶ 0069-0070, Fig. 13-15] protects user personal information on an ask-me-every-time basis where desired [Shelton '575 ¶ 0080]); (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable; and (4) other considerations do not overcome this conclusion.
Per claim 16 (dependent on claim 11):
Shakespeare '482 in view of Prevost '481 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 6 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication 20210390196 to Lavine et al. (hereinafter "Lavine '196") teaches an app for managing distribution of user data, collecting and revoking consent to the use of individual user attributes, and providing user data to marketers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE C PARSONS whose telephone number is (571)270-1475. The examiner can normally be reached on MTWRF 7:30-4:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jung Kim can be reached on (571) 272-3804. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE C PARSONS/Primary Examiner, Art Unit 2494
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