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 .
1. Claims 21-40 are presented for examination.
Claims 1-20 have been canceled.
Double Patenting
The nonstatutory 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 nonstatutory 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
2. Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,212,537 B2 in view of Contreras, US 2022/0132267 A1.
Regarding claim 21, claim 1 of the above patent recites most of the claimed limitations of claim 21 of the instant application.
However, claim 1 of the above patent lacks providing to the client device of one of the trusted contacts data identifying the second user.
Contreras teaches providing to the client device of one of the trusted contacts data identifying the second user (i.e., the dating platform may provide identity and information about a safeguarded user and/or other users that engaged with the safeguarded user, page 1 paragraph [0013]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method recited in claim 1 of the above patent to provide to the client device of one of the trusted contacts data identifying the second user, as taught by Contreras because it was conventionally employed in the art for identifying the other user(s) engaged with the particular user.
Claim 2 of the above patent recites every element of claim 22 of the instant application.
Claim 3 of the above patent recites every element of claim 23 of the instant application.
Claim 4 of the above patent recites every element of claim 24 of the instant application.
Claim 5 of the above patent recites every element of claim 25 of the instant application.
Claim 6 of the above patent recites every element of claim 26 of the instant application.
Claim 7 of the above patent recites every element of claim 27 of the instant application.
Claim 8 of the above patent recites every element of claim 28 of the instant application.
Claim 9 of the above patent recites every element of claim 29 of the instant application.
Claim 10 of the above patent recites every element of claim 30 of the instant application.
Claim 11 of the above patent recites every element of claim 31 of the instant application
Claim 12 of the above patent recites every element of claim 32 of the instant application.
Claim 13 of the above patent recites every element of claim 33 of the instant application.
Claim 14 of the above patent recites every element of claim 34 of the instant application.
Claim 1 of the above patent recites every element of claim 35 of the instant application.
Claim 1 of the above patent recites every element of claim 36 of the instant application.
Claim 15 of the above patent recites every element of claim 37 of the instant application.
Claim 16 of the above patent recites every element of claim 38 of the instant application.
Claim 17 of the above patent recites every element of claim 39 of the instant application.
Regarding claim 40, claim 19 of the above patent recites most of the claimed limitations of claim 40 of the instant application.
However, claim 19 of the above patent lacks providing to the client device of one of the trusted contacts data identifying the second user.
Contreras teaches providing to the client device of one of the trusted contacts data identifying the second user (i.e., the dating platform may provide identity and information about a safeguarded user and/or other users that engaged with the safeguarded user, page 1 paragraph [0013]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the claim 19 of the above patent to provide to the client device of one of the trusted contacts data identifying the second user, as taught by Contreras because it was conventionally employed in the art for identifying the other user(s) engaged with the particular user.
Conclusion
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Berndtsson et al., US 2023/0230045 A1, discloses a meeting server for establishing tracking of a tracked person's scheduled meetings by a follower person comprising generate a notification to a device of the follower person based on the tracked person adding a scheduled meeting to a schedule of scheduled meetings maintained by a meeting scheduling program (i.e., abstract).
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OANH DUONG whose telephone number is (571)272-3983. The examiner can normally be reached Maxiflex Mon-Fri 6:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing Chan can be reached at (571)272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OANH DUONG/Primary Examiner, Art Unit 2459
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