DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 32 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
Claim 32 recites the limitation “identifier.” The applicant’s specification discloses multiple types of identifiers: request identifier (see [0007], [0031], [0061-[0063]), application identifier (see [0033]), alphanumeric identifier (see [0050]), and boundary identifier (see [0046]). The applicant’s claims are directed to all these identifiers since it simply recites “identifiers” without specifying what identifier is been claimed or used. However, in the context of the applicant’s specification, the identifier can only be the alphanumeric identifier. This is the only identifier that is associated with the applicant’s claim limitation. However, since the broadly claim identifier incorporates all possible identifiers, including application identifier, boundary identifier, and request identifier, the currently pending claim is not taught, suggested, or made obvious by the applicant’s specification and thus constitutes new matter. The applicant can amend the claim to specify the exact “identifier” that are being referred to in the claim (claim 33 already reflects the correct identifier).
Allowable Subject Matter
Claims 1-14, 16-28, 31, and 33 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 1, the combination of accessing and sending, as recited in the claims, are no taught, suggested, or made obvious by any prior art of record, alone, or in combination. Regarding claim 28, the combination of accessing and sending, as recited in the claims, are no taught, suggested, or made obvious by any prior art of record, alone, or in combination. Prior art references such as Yoon et al 20080270235 discloses storing advertisement registered by an advertiser, and transmitting the stored advertisement to a navigation terminal. Patel et al US 20070214040 discloses storing an advertisement along with coordinate location information and a radius, to be transmitted to a device that is within said radius of the coordinate location. However, Yoon, Patel, and any other prior art of record do not teach or suggest the combination of the limitations of claims 1 and 28 as recited.
Claims 2-14 and 16-27 are allowed by virtue of being dependent on claim 1. Claims 31 and 33 are allowed by virtue of being dependent on claim 28.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES N APPIAH can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUMIDE AJIBADE AKONAI/ Primary Examiner, Art Unit 3645