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
Claims 1-33 are pending.
Claim Rejections - 35 USC § 102
I. 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)(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.
II. CLAIMS 1-9, 11-24 and 26-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by TALAVERA (US 2024/0220324).
Per claim 1, TALAVERA teaches a method for obtaining an opt-in of a user, more particularly an opt-in of a user for providing a service to the user, the method to be implemented using a server system having a computation means which is configured to communicate with a user device, the method comprising the steps of:
providing service information including a server system address (paras 0022, 0165—service information provision including server number/address);
sending, by the user device, a message from a user address to the server system address by an instruction of the user (paras 0126, 0129, 0234, 0283—sending a message from user, sending user requests with negotiation instructions);
receiving, by the computation means, the message sent from the user address to the server system address (paras 0944, 1008, 0129, 0197—user sending message to server);
validating, by the computation means, whether the message represents an opt-in (paras 0078, 0080, 0082, 1035—opt-in options/decisions for selection) by the steps of:
evaluating whether the message includes an opt-in statement (paras 0247-248, 0331, 0361, 0667, 0717, 0779-780, 1012—determining opt-in statements); and
verifying whether the message was allowed to be sent from the user address (paras 0758, 0908, 0914, 1002—verification of user information).
Claim 16 contains limitations substantially equivalent to claim 1 and are therefore rejected under the same basis.
Per claim 2, TALAVERA teaches the method according to claim 1, wherein the step of verifying comprises: verifying, by the computation means configured to communicate with a first communication means of a first verification server providing a list of authorized processing units of sending servers with respect to addresses, whether a processing unit of a sending server used by the user device to transfer the message is allowed to send messages from the user address based on the list (paras 0172, 0303, 0458, 0491—list of verified location or verified approved locations to choose from).
Claim 17 contains limitations substantially equivalent to claim 2 and are therefore rejected under the same basis.
Per claim 3, TALAVERA teaches the method according to claim 1, wherein the step of verifying comprises: verifying, by the computation means configured to communicate with a second communication means of a second verification server providing public keys with respect to digital signatures of addresses, a digital signature of the message based on a public key of the user address (paras 0043, 0283—encryption key, encoding key, translation key and verifications of personal information, address and 3rd party verification; paras 1004, 1577—verification of data using a signature and/or fingerprint check for confirmation).
Claim 18 contains limitations substantially equivalent to claim 3 and are therefore rejected under the same basis.
Per claim 4, TALAVERA teaches the method according to claim 1, wherein the step of evaluating is performed by comparing, by the computation means, a content of the message with a predetermined content (paras 0273, 0342, 0383, 0413, 0807—comparing data and evaluating the type of content, dates or connections).
Claim 19 contains limitations substantially equivalent to claim 4 and are therefore rejected under the same basis.
Per claim 5, TALAVERA teaches the method according to claim 4, wherein, the provided service information further includes a content proposal corresponding to the predetermined content (paras 0331, 0361, 0486, 0811—date, time, location and content type proposals, video proposal).
Claim 20 contains limitations substantially equivalent to claim 5 and are therefore rejected under the same basis.
Per claim 6, TALAVERA teaches the method according to claim 1, wherein the step of providing the service information comprises: providing a machine-readable optical image readable by the user device and including partially the service information (paras 0977, 1023—QR code reading ability from the platform).
Claim 21 contains limitations substantially equivalent to claim 6 and are therefore rejected under the same basis.
Per claim 7, TALAVERA teaches the method according to claim 6, wherein the machine-readable optical image is a QR code (paras 0977, 1023—QR code).
Claim 22 contains limitations substantially equivalent to claim 7 and are therefore rejected under the same basis.
Per claim 8, TALAVERA teaches the method according to claim 1, wherein the step of providing the service information comprises: providing a digital reference to data retrievable by the user device, the data including partially the service information (paras 0476, 0507, 0646, 0758, 0941, 1230—providing digital reference links to retrieve data).
Claim 23 contains limitations substantially equivalent to claim 8 and are therefore rejected under the same basis.
Per claim 9, TALAVERA teaches the method according to claim 8, wherein the digital reference is a link (paras 0218, 0233, 0251, 0317, 0437, 0476—external links to social media, social networks, payment platform, 3rd party integrated platform, links to live events).
Claim 24 contains limitations substantially equivalent to claim 9 and are therefore rejected under the same basis.
Per claim 11, TALAVERA teaches the method according to claim 1, further comprising a step of creating a prepopulated message suitable to be sent as the message to the computation means, by the user device, based on the provided service information (paras 0099-100, 0234, 0286—providing subscription services for the user device and creating messages based on worldwide and entertainment services).
Claim 26 contains limitations substantially equivalent to claim 11 and are therefore rejected under the same basis.
Per claim 12, TALAVERA teaches the method according to claim 11, wherein creating the prepopulated message, by the user device, by a command included in the provided service information (paras 0571, 0573, 0782, 0875—commands made for providing services).
Claim 27 contains limitations substantially equivalent to claim 12 and are therefore rejected under the same basis.
Per claim 13, TALAVERA teaches the method according to claim 12, wherein creating the prepopulated message, by the user device, by a command included in the provided service information, so that the prepopulated message includes at least one of: -a content proposal corresponding to the predetermined content, -the server system address as recipient, and -the user address as sender (paras 0944, 1008—put in manual/auto address).
Claim 28 contains limitations substantially equivalent to claim 13 and are therefore rejected under the same basis.
Per claim 14, TALAVERA teaches the method according to claim 1, wherein the step of providing the service information comprises providing partially the service information by the computation means upon a request of the user by the user device communicated to the computation means (paras 0197, 0199, 0205, 0216, 0277—providing service information based upon requests made by the user).
Claim 29 contains limitations substantially equivalent to claim 14 and are therefore rejected under the same basis.
Per claim 15, TALAVERA teaches the method according to claim 14, wherein providing partially the service information by retrieving data via the digital reference (paras 0476, 0507, 0646, 0758, 0941, 1230—providing digital reference links to retrieve data).
Claim 30 contains limitations substantially equivalent to claim 15 and are therefore rejected under the same basis.
Per claim 31, TALAVERA teaches the opt-in system according to claim 16, wherein the computation means is further configured to use the user address in accordance with the obtained opt-in (paras 0071, 0082, 1002, 1054, 1495, 1502—opt-in decisions include location preferences and verification of user’s provided information).
Per claim 32, TALAVERA teaches the opt-in system according to claim 31, wherein the computation means is further configured to send a service message to the user address, wherein the user device is configured to receive the service message (paras 0234, 1035—receiving worldwide service messages).
Per claim 33, TALAVERA teaches opt-in system according to claim 16, the computation means is further configured to store at least one of: - the user address, - the message, and- validation results of the obtained opt-in in a storage means of the server system in accordance with the obtained opt-in (paras 0667, 0913-914, 1002—membership opt-in, confirmation and verification).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which 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, 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.
IV. CLAIMS 10 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over TALAVERA (US 2024/0220324) in view of DOUMAR (US 2024/0086955).
Per claim 10, TALAVERA teaches the method according to claim 6, with provisions for digital reference links and QR codes, yet fail to explicitly teach “wherein the step of providing the service information further comprises: providing a digital reference to data retrievable by the user device, the digital reference provided in the machine-readable optical image, the data including partially the service information”. However, DOUMAR teaches use of a scanned QR code and tapping a URL link for accessing content and ad services (paras 0181, 0183-184).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed the invention to combine the teachings of TALAVERA and DOUMAR for the purpose of providing a selectable/tappable link with the scanned QR code, which is well known in the art for providing access to links with QR codes.
Claim 25 contains limitations substantially equivalent to claim 10 and are therefore rejected under the same basis.
Conclusion
V. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2020/0210963; US 2019/0098504; US 2020/0357002.
VI. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTIE D SHINGLES whose telephone number is (571)272-3888. The examiner can normally be reached on Monday-Thursday 10am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamal Divecha can be reached on 571-272-5863. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTIE D SHINGLES/
Primary Examiner, Art Unit 2453
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