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 .
Information Disclosure Statement
The information disclosure statement submitted on 01/21/2026 has been considered by the Examiner and made of record in the application file.
Remarks
The present Office Action is in response to Applicant’s amendment filed on 01/21/2026. Claims 59-89 are still pending in the present application. This Action is made FINAL.
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.
Claims 59-88 are 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(s) 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 inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 59 recites, “monitoring the real-time updatable Global Positioning System-received location information of the first mobile computing device for a changed current location of the first mobile computing device, whereby the changed current location of the first mobile computing device is automatically included, via communications from the server, in an update of the graphical user interface of the second mobile computing device, and monitoring the real-time updatable Global Positioning System-received location information of the second mobile computing device for a changed current location of the second mobile computing device, whereby the changed current location of the second mobile computing device is automatically included, via communications from the server, in an update of the graphical user interface of the first mobile computing device”, (emphasis added). However, the current specification does not support the limitations.
Claim(s) 60-87 is/are also rejected by the virtue of it/their dependency on claim 59.
Claims 83-87 recite, “dynamically adjusting, in real-time, the graphical user interface of the mobile computing device, the dynamically adjusting based at least in part on current distance, velocity, or Bluetooth signal level indicative of proximity of the first mobile computing device to the second mobile computing device”, (emphasis added). However, the current specification does not support the limitations.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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) 59-76 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberg -US 20060227047 A1- (hereinafter Rosenberg) in view of Chen et al. -US 20070118415 A1- (hereinafter Chen) and further in view of Sivavakeesar -US 20120197967 A1- (hereinafter Sivavakeesar).
Regarding claim 59, Rosenberg an apparatus to facilitate proximity-based communication, the apparatus including:
a server that executes operations including (FIG. 1):
establishing proximity-based communication between a first mobile computing device and a mobile second computing device (par. 0035, “a meeting locator system may be implemented as a managed service (e.g., in an ASP model) using a locative server 100, which is connected or connectable to one or more networks”, par. 0042, par. 0053, “the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who is within a certain physical proximity of the user.”), including by instructing the first mobile computing device to provide real-time updatable Global Positioning System-received location information comprising a current location (par. 0036, “In addition, each of the first and second mobile phones 111 and 112 is equipped with a GPS transducer for determine a spatial location of that mobile phone with respect to the physical world.”; par. 0078, “a meeting locator system may be implemented as a managed service (e.g., in an ASP model) using a locative server 100, which is connected or connectable to one or more networks.”),
the first mobile computing device specifically programmed to communicate with the server including via a first graphical user interface (par. 0032, “embodiments exemplarily described herein provide the users of mobile phones equipped with spatial positioning capabilities with a user interface such that each user can view a graphical image that includes a map of their local environment”), and
by instructing the second mobile computing device to provide real-time updatable Global Positioning System-received location information comprising a current location, the second mobile computing device specifically programmed to communicate with the server including via a second graphical user interface, and (par. 0036, “each of the first and second mobile phones 111 and 112 is equipped with a GPS transducer for determine a spatial location of that mobile phone with respect to the physical world. The GPS transducer in each of the first and second mobile phones 111 and 112 repeatedly determines the spatial location of that phone by repeatedly accessing data from a plurality of orbiting satellites 120”, par. 0042-0043, “first and second mobile phones 111 and 112 are configured to repeatedly determine their spatial location with respect to the physical world… circuitry supported by the second mobile phone 112 (e.g., display routines running on the processor of second mobile phone 112) uses both the location of second mobile phone 112 and the location of first mobile phone 111 to provide a visual interface by which second user 109 may more easily meet up with first user 108.”);
facilitating a in in-person meeting involving the first mobile computing device and the second mobile computing device (par. 0014, “a meeting locator system that includes first and second mobile units each adapted to generate locative data representing its location.”), including:
sending a location for the meeting to the first mobile computing device; sending the location to the second mobile computing device (par. 0053, “the users engage the functionalities supported by the meeting locator system exemplarily described herein. The meeting locator system may be engaged when a user of one or both of the mobile phones engages a respective manual user interface. In some embodiments, the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who also has a mobile phone with spatial location tracking functionality”); and
sending a directions to the meeting to the first mobile computing device; and sending the directions to the meeting to the second mobile computing device (par. 0082, “the graphical line 312b is useful for the user for it represents the most likely route between the two users and it may therefore assist the user in visually planning a meeting location that lies between the two users.”);
monitoring the real-time updatable Global Positioning System-received location information of the first mobile computing device for a changed current location of the first mobile computing device, whereby the changed current location of the first mobile computing device is automatically , via communications from the server, included in an update of the graphical user interface of the second mobile computing device, and monitoring the real-time updatable Global Positioning System-received location information of the second mobile computing device for a changed current location of the second mobile computing device, whereby the changed current location of the second mobile computing device is automatically , via communications from the server, included in an update of the graphical user interface of the first mobile computing device (par. 0026-0027, “the estimated travel time is updated repeatedly as the users cover the distance between them, providing regular updates as to the remaining time expected to be required for the two users to reach each other at an intervening location… the users can accurately monitor their progress as they collectively cover the intervening distance...” par. 0045, “the first and second mobile phones 111 and 112 may access a geo-spatial image database supported by the locative server 100. The geo-spatial image database contains navigation-related information (e.g., geo-spatial imaging and/or mapping data, such as aerial photos, satellite photos, roadway data, exit data, and other data commonly supplied by navigation and mapping systems). For example, locative server 100 may be accessible over the internet and may retrieve navigation-related information from Yahoo Maps, Google Earth, or other mapping and/or navigation service that provides navigation-related information. In some embodiments, the navigation-related information may be downloaded and stored locally on the first and second mobile phones 111 and 112 and be updated only when the user changes his or her location substantially. In other embodiments, the navigation-related information may be downloaded regularly each time the user changes his or her location by some small increment. In many embodiments, the navigation-related information includes visual maps (e.g., geo-spatial mapping data) such that the user can view an overhead view and/or a perspective view of their current local environment in response to the accessed GPS coordinates for their current spatial position”; par. 0043, and par. 0073).
However, Rosenberg fails to disclose such that communications from the server maintain user anonymity with respect to the second mobile computing device, and such that communications from the server maintain user anonymity with respect to the first mobile computing device.
In the same field of Sivavakeesar discloses communications from the server maintain user anonymity with respect to the second mobile computing device, and such that communications from the server maintain user anonymity with respect to the first mobile computing device (FIG. 13B, par. 0098-0102, “the server application 160 will check whether the anonymous interaction/communication requires the parties involved to be online in 1374... the server application 160 will establish a communication channel in 1382 between a second registered entity and the server created profile corresponding to a second registered entity (Segment 1)… If the operation of 1382 is successful, the server application 160 will further establish a communication channel in 1384 between a first registered entity and the server created profile corresponding to a first registered entity (Segment 2)... If the operation of 1384 is successful, the server application 160 will subsequently link/map Segment 1 and Segment 2 in 1386”, par. 0046, for exchanging unique profile identifiers in order to enable anonymous interaction/communication among the registered users, “The server application 160 comprises a multitude of functionalities namely online profile creation/maintenance (e.g., editing/deleting) functionality 162 whereby the server application 160 liaises with the profile database 130 in order to assign unique profile identifiers (termed Profile-IDs) on a successful main profile creation and activation by any entity/user for the first time, virtual business card exchange and viewing functionality 166, pull service functionality 174 in case the server application 160 needs to accept various queries having one or plurality of search criteria/filters pertaining to directory entries and to return results satisfying the queries, proxy server functionality 164 in order to enable anonymous interaction/communication among the registered users who happen to be total strangers to each other and hence do not know each other's exact contact information”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate enabling anonymous interaction/communication between registered users of a server as taught by Sivavakeesar to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg for purpose of enabling anonymous communication between registered users.
Regarding claim 60, as applied to claim 59 above, Rosenberg discloses updating the first graphical user interface, including associating an indicator with a map to allow rendering a visual presentation showing the changed current location of the first mobile computing device and the changed current location of the second mobile computing device in association with the map (par. 0027, “the line segment is drawn as a graphical overlay upon the geo-spatial map. In some embodiments a numerical distance between the user's own location and the other user's location is computed and displayed upon the screen along with the view of the visual map”).
Regarding claim 61, as applied to claim 60 above, Rosenberg discloses updating the second graphical user interface, including associating an indicator with a map to allow rendering a visual presentation showing the changed current location of the first mobile computing device and the changed current location of the second mobile computing device in association with the map (par. 0027, “the line segment is drawn as a graphical overlay upon the geo-spatial map. In some embodiments a numerical distance between the user's own location and the other user's location is computed and displayed upon the screen along with the view of the visual map”).
Regarding claim 62, as applied to claim 60 above, Rosenberg discloses wherein the directions sent to the second mobile computing device include walking directions (par. 0069, “the mode-of-travel icon 335 indicates that the user is currently in a walking mode of travel. Other modes of travel may be specified by the user including jogging, bicycle riding, and driving modes of travel. Generally, these modes of travel may be specified by selecting an option from the manual user interface 208. Nevertheless, some embodiments may only support a walking mode of travel.”).
Regarding claim 63, as applied to claim 60 above, the claim is rejected for the same reason(s) as set forth claim 62 above.
Regarding claim 64, as applied to claim 61 above, the claim is rejected for the same reason(s) as set forth claim 62 above.
Regarding claim 65, as applied to claim 59 above, Rosenberg discloses wherein the server executes operations including: associating a communication, received from a location in a restaurant, with the meeting, and in response thereto, communicating to the graphical user interface of the first mobile computing device to carry out the meeting so as to include a delivery (par. 0053, “the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who is within a certain physical proximity of the user.” Meeting for use of delivering to a restaurant is an indented use which a description of how the claimed apparatus or method is to be used. Such intended use limitations would not distinguish a claimed apparatus from a prior art apparatus that satisfies all the structural limitations of the claimed apparatus. See MPEP MPEP 2111-II and 2111.04).
Regarding claim 66, as applied to claim 60 above, the claim is rejected for the same reason(s) as set forth claim 65 above.
Regarding claim 67, as applied to claim 61 above, the claim is rejected for the same reason(s) as set forth claim 65 above.
Regarding claim 68, as applied to claim 59 above, Rosenberg discloses a map overlay including traffic information with a map to allow rendering a visual presentation showing traffic conditions in association with the location of the meeting on the first graphical user interface (par. 0073-0074).
Claims 69-76, as applied to claims 59-76 above, are also rejected for the same reason(s) as set forth claim 68 above.
Claim(s) 77-82, 88 and 89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberg in view of Sivavakeesar as applied to claim(s) 59 above, and further in view of Maggenti et al. -US 20130150115 A1- (hereinafter Maggenti).
Regarding claim 77, Rosenberg as modified by Sivavakeesar disclose the claimed invention except wherein the first graphical user interface, the second graphical user interface, or both is configured to display an activatable toggle or icon to turn external monitoring on/off, the external monitoring including recording at the mobile computing device during the meeting.
In the same filed of endeavor, Maggenti discloses wherein the first graphical user interface, the second graphical user interface, or both is configured to display an activatable toggle or icon to turn external monitoring on/off, the external monitoring including recording at the mobile computing device during the meeting (FIG.1 and FIG. 5, par. 0070, “The talker may use one or more keys on the device to indicate that recording may commence. In various embodiments a dedicated recording key may be provided on the device, or a software key may be assigned as a "start to record" key”; par. 0064, “The recording may be implemented with various recording methods such as retaining the as-received message stream representing the voice segment, or decoding the stream and simultaneously reproducing the audio on the device's earpiece as well as retaining the decoded stream”; Par. 0046, “The device typically includes a display 505 that may comprise an LCD or OLED display. In some embodiments, the display may include touch screen capability.”).
It is well-known in the art and obvious to a person of ordinary skill in that the soft button functionalities to apply to the touch screen, as disclosed by Maggenti, to provide a key for preforming the functionality such as "start to record".
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate using a software key on a touchscreen of mobile communication device as taught by Maggenti to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg as modified by Sivavakeesar for purpose of storing the recorded the communication between users on the server.
Claims 77-82, as applied to claims 59-64 above, are also rejected for the same reason(s) as set forth claim 77 above.
Regarding claim 88, Rosenberg discloses an apparatus for multiple Global Positioning System directed meeting, the apparatus including:
at least one server that executes operations including (FIG. 1):
mediating electronic communications, over a network between a first mobile computing device and a second mobile computing device (par. 0042, “first and second mobile phones 111 and 112 may transmit locative data for each mobile phone to the other mobile phone (i.e., first mobile phone 111 has access to locative data representing the location of second mobile phone 112 and second mobile phone 112 has access to locative data representing the location of first mobile phone 111). This data transfer may be provided by direct messaging from phone to phone. This data transfer may be provided by locative server 100 acting to receive, store, and transmit data through a location tracking service.”), and
initiating, by said communications, the meeting involving the first mobile computing device and the second mobile computing device (par. 0035, “a meeting locator system may be implemented as a managed service (e.g., in an ASP model) using a locative server 100, which is connected or connectable to one or more networks”, par. 0042, par. 0053, “the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who is within a certain physical proximity of the user.”), including:
sending a location for the meeting to the first mobile computing device, and sending the location to the second mobile computing device (par. 0053, “the users engage the functionalities supported by the meeting locator system exemplarily described herein. The meeting locator system may be engaged when a user of one or both of the mobile phones engages a respective manual user interface. In some embodiments, the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who also has a mobile phone with spatial location tracking functionality”);
associating an indicator with a map, and communicating to the graphical user interface of the mobile computing device to allow rendering a visual presentation of said at least one in association with the map (par. 0055, “Upon receiving locative data from mobile phone 200', circuitry supported by mobile phone 200 is operative to overlay a graphical icon (or other indicator) of mobile phone 200' upon the visual map 202 displayed upon the screen of mobile phone 200. An exemplary embodiment of such an overlaid graphical icon is shown in FIG. 3A as a blue overlaid graphical element 310. Graphical element 310 is generated (e.g., drawn) as a graphical tab with a pointed end 310a having a tip 310b representing the current location of mobile phone 200' with respect to the visual map 202.”);
determining, based on real-time Global Positioning System received location information for the first mobile computing device and based on real-time Global Positioning System received location information for the second mobile computing device, driving directions to the location, walking directions to the location, or both (par. 0068-0069, “Dtotal may be estimated simply as the linear distance between the GPS coordinate for mobile phone 200 and the GPS coordinate for mobile phone 200'… the visual map 202 may include the spatial locations of roads and paths that lie in the intervening distance between mobile phone 200 and 200' and it may be assumed that the users will use these roads and paths… The mode of travel may be indicated by a mode-of-travel icon 335 upon the display screen 201. As shown, the mode-of-travel icon 335 indicates that the user is currently in a walking mode of travel. Other modes of travel may be specified by the user including jogging, bicycle riding, and driving modes of travel”); and
sending the directions to at least one of the first mobile computing device and the second mobile computing device to facilitate the meeting (par. 0082, “the graphical line 312b is useful for the user for it represents the most likely route between the two users and it may therefore assist the user in visually planning a meeting location that lies between the two users.”).
However, Rosenberg fails to disclose the communications from said at least one maintain first user anonymity with respect to the second mobile computing device, and electronically send an expected first user identity for the first mobile computing device to the second mobile computing device, and maintain second user anonymity with respect to the first mobile computing device, and electronically send an expected second user identity for the second mobile computing device to the first mobile computing device.
In the same field of endeavor, Sivavakeesar discloses the communications from said at least one maintain first user anonymity with respect to the second mobile computing device, and electronically send an expected first user identity for the first mobile computing device to the second mobile computing device, and maintain second user anonymity with respect to the first mobile computing device, and electronically send an expected second user identity for the second mobile computing device to the first mobile computing device (FIG. 13B, par. 0098-0102, “the server application 160 will check whether the anonymous interaction/communication requires the parties involved to be online in 1374... the server application 160 will establish a communication channel in 1382 between a second registered entity and the server created profile corresponding to a second registered entity (Segment 1) using the VoIP/V2IP/IM/SNS service used. If the operation of 1382 is successful, the server application 160 will further establish a communication channel in 1384 between a first registered entity and the server created profile corresponding to a first registered entity (Segment 2) using the VoIP/V2IP/IM/SNS service used... If the operation of 1384 is successful, the server application 160 will subsequently link/map Segment 1 and Segment 2 in 1386”, par. 0046, for exchanging unique profile identifiers in order to enable anonymous interaction/communication among the registered users, “The server application 160 comprises a multitude of functionalities namely online profile creation/maintenance (e.g., editing/deleting) functionality 162 whereby the server application 160 liaises with the profile database 130 in order to assign unique profile identifiers (termed Profile-IDs) on a successful main profile creation and activation by any entity/user for the first time, virtual business card exchange and viewing functionality 166, pull service functionality 174 in case the server application 160 needs to accept various queries having one or plurality of search criteria/filters pertaining to directory entries and to return results satisfying the queries, proxy server functionality 164 in order to enable anonymous interaction/communication among the registered users who happen to be total strangers to each other and hence do not know each other's exact contact information”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate enabling anonymous interaction/communication between registered users of a server as taught by Sivavakeesar to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg for purpose of enabling anonymous communication between registered users.
However, Rosenberg as modified by Sivavakeesar fail to disclose the first mobile computing device specifically programmed to communicate with said at least one server including via a graphical user interface configured to display an indicator of external monitoring in progress and configured to display an activatable toggle or icon to turn on/off recording, at the first mobile computing device during a meeting.
In the same field of endeavor, Maggenti discloses the first mobile computing device specifically programmed to communicate with said at least one server including via a graphical user interface configured to display an indicator of external monitoring in progress and configured to display an activatable toggle or icon to turn on/off recording, at the first mobile computing device during a meeting (FIG.1 and FIG. 5, par. 0070, “The talker may use one or more keys on the device to indicate that recording may commence. In various embodiments a dedicated recording key may be provided on the device, or a software key may be assigned as a "start to record" key”; par. 0064, “The recording may be implemented with various recording methods such as retaining the as-received message stream representing the voice segment, or decoding the stream and simultaneously reproducing the audio on the device's earpiece as well as retaining the decoded stream” ; Par. 0046, “The device typically includes a display 505 that may comprise an LCD or OLED display. In some embodiments, the display may include touch screen capability.”).
It is well-known in the art and obvious to a person of ordinary skill in that the soft button functionalities to apply to the touch screen, as disclosed by Maggenti, to provide a key for preforming the functionality such as "start to record".
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate using a software key on a touchscreen of mobile communication device as taught by Maggenti to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg as modified by Sivavakeesar for purpose of storing the recorded the communication between users on the server.
Regarding claim 89, Rosenberg discloses an apparatus for multiple Global Positioning System directed meeting, the apparatus including:
at least one server that executes operations including (FIG. 1):
mediating electronic communications, over a network between a first mobile computing device and a second mobile computing device (par. 0042, “first and second mobile phones 111 and 112 may transmit locative data for each mobile phone to the other mobile phone (i.e., first mobile phone 111 has access to locative data representing the location of second mobile phone 112 and second mobile phone 112 has access to locative data representing the location of first mobile phone 111). This data transfer may be provided by direct messaging from phone to phone. This data transfer may be provided by locative server 100 acting to receive, store, and transmit data through a location tracking service.”), and
initiating, by said communications, the meeting involving the first mobile computing device and the second mobile computing device (par. 0035, “a meeting locator system may be implemented as a managed service (e.g., in an ASP model) using a locative server 100, which is connected or connectable to one or more networks”, par. 0042, par. 0053, “the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who is within a certain physical proximity of the user.”), including:
sending a location for the meeting to the first mobile computing device, and sending the location to the second mobile computing device (par. 0053, “the users engage the functionalities supported by the meeting locator system exemplarily described herein. The meeting locator system may be engaged when a user of one or both of the mobile phones engages a respective manual user interface. In some embodiments, the users may configure their mobile phones to automatically engage the meeting locator system whenever a phone call is placed to another user who also has a mobile phone with spatial location tracking functionality”);
associating at least one of an annotation and an overlay with a map, and communicating to the graphical user interface of the mobile computing device to allow rendering a visual presentation of said at least one in association with the map (par. 0055, “Upon receiving locative data from mobile phone 200', circuitry supported by mobile phone 200 is operative to overlay a graphical icon (or other indicator) of mobile phone 200' upon the visual map 202 displayed upon the screen of mobile phone 200. An exemplary embodiment of such an overlaid graphical icon is shown in FIG. 3A as a blue overlaid graphical element 310. Graphical element 310 is generated (e.g., drawn) as a graphical tab with a pointed end 310a having a tip 310b representing the current location of mobile phone 200' with respect to the visual map 202.”);
determining, based on real-time Global Positioning System received location information for the first mobile computing device and based on real-time Global Positioning System received location information for the second mobile computing device, driving directions to the location, walking directions to the location, or both (par. 0068-0069, “Dtotal may be estimated simply as the linear distance between the GPS coordinate for mobile phone 200 and the GPS coordinate for mobile phone 200'… the visual map 202 may include the spatial locations of roads and paths that lie in the intervening distance between mobile phone 200 and 200' and it may be assumed that the users will use these roads and paths… The mode of travel may be indicated by a mode-of-travel icon 335 upon the display screen 201. As shown, the mode-of-travel icon 335 indicates that the user is currently in a walking mode of travel. Other modes of travel may be specified by the user including jogging, bicycle riding, and driving modes of travel”); and
sending the directions to at least one of the first mobile computing device and the second mobile computing device to facilitate the meeting (par. 0082, “the graphical line 312b is useful for the user for it represents the most likely route between the two users and it may therefore assist the user in visually planning a meeting location that lies between the two users.”).
However, Rosenberg fails to disclose the communications from said at least one maintain first user anonymity with respect to the second mobile computing device, and electronically send an expected first user identity for the first mobile computing device to the second mobile computing device, and maintain second user anonymity with respect to the first mobile computing device, and electronically send an expected second user identity for the second mobile computing device to the first mobile computing device.
In the same field of endeavor, Sivavakeesar discloses the communications from said at least one maintain first user anonymity with respect to the second mobile computing device, and electronically send an expected first user identity for the first mobile computing device to the second mobile computing device, and maintain second user anonymity with respect to the first mobile computing device, and electronically send an expected second user identity for the second mobile computing device to the first mobile computing device (FIG. 13B, par. 0098-0102, “the server application 160 will check whether the anonymous interaction/communication requires the parties involved to be online in 1374... the server application 160 will establish a communication channel in 1382 between a second registered entity and the server created profile corresponding to a second registered entity (Segment 1) using the VoIP/V2IP/IM/SNS service used. If the operation of 1382 is successful, the server application 160 will further establish a communication channel in 1384 between a first registered entity and the server created profile corresponding to a first registered entity (Segment 2) using the VoIP/V2IP/IM/SNS service used... If the operation of 1384 is successful, the server application 160 will subsequently link/map Segment 1 and Segment 2 in 1386”, par. 0046, for exchanging unique profile identifiers in order to enable anonymous interaction/communication among the registered users, “The server application 160 comprises a multitude of functionalities namely online profile creation/maintenance (e.g., editing/deleting) functionality 162 whereby the server application 160 liaises with the profile database 130 in order to assign unique profile identifiers (termed Profile-IDs) on a successful main profile creation and activation by any entity/user for the first time, virtual business card exchange and viewing functionality 166, pull service functionality 174 in case the server application 160 needs to accept various queries having one or plurality of search criteria/filters pertaining to directory entries and to return results satisfying the queries, proxy server functionality 164 in order to enable anonymous interaction/communication among the registered users who happen to be total strangers to each other and hence do not know each other's exact contact information”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate enabling anonymous interaction/communication between registered users of a server as taught by Sivavakeesar to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg for purpose of enabling anonymous communication between registered users.
However, Rosenberg as modified by Sivavakeesar fail to disclose the first mobile computing device specifically programmed to communicate with the server including via a graphical user interface configured to display an indicator of external monitoring in progress and configured to display an activatable toggle or icon to turn on/off recording, at the first mobile computing device during an in-person meeting.
In the same field of endeavor, Maggenti discloses the first mobile computing device specifically programmed to communicate with the server including via a graphical user interface configured to display an indicator of external monitoring in progress and configured to display an activatable toggle or icon to turn on/off recording, at the first mobile computing device during an in-person meeting (FIG.1 and FIG. 5, par. 0070, “The talker may use one or more keys on the device to indicate that recording may commence. In various embodiments a dedicated recording key may be provided on the device, or a software key may be assigned as a "start to record" key”; par. 0064, “The recording may be implemented with various recording methods such as retaining the as-received message stream representing the voice segment, or decoding the stream and simultaneously reproducing the audio on the device's earpiece as well as retaining the decoded stream” ; Par. 0046, “The device typically includes a display 505 that may comprise an LCD or OLED display. In some embodiments, the display may include touch screen capability.”).
It is well-known in the art and obvious to a person of ordinary skill in that the soft button functionalities to apply to the touch screen, as disclosed by Maggenti, to provide a key for preforming the functionality such as "start to record".
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate using a software key on a touchscreen of mobile communication device as taught by Maggenti to the meeting locator system and method for the first and second users of the first and second mobile phones as disclosed by Rosenberg as modified by Sivavakeesar for purpose of storing the recorded the communication between users on the server.
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.
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Claims 59-89 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of co-pending application 19/256,028; and U.S. Patent No. 11076271, 12363511, 12382256, 12010595, 12101698 and 12114236. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of the claims 59-89 are obviously similar and included in (alone or in combination) the claims of co-pending application 19/256,028; and U.S. Patent No. 11076271, 12363511, 12382256, 12010595, 12101698 and 12114236 with obvious wording or terminology variations.
Therefore, the current claims 59-89 obviously encompass the claimed invention of co-pending application 19/256,028; and U.S. Patent No. 11076271, 12363511, 12382256, 12010595, 12101698 and 12114236 and differ only in terminology. To the extent that the instant independent claims are generic to the claimed invention of claims 59-89 of co-pending application 19/256,028; and U.S. Patent No. 11076271, 12363511, 12382256, 12010595, 12101698 and 12114236, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a patent or co-pending application.
Response to Arguments
Applicant's arguments with respect to claims 59-89 have been considered but are moot in view of the new ground(s) of rejection necessitated by the new added limitation added to an of claims 59-89. See the rejections above for claims 59-89 for relevant citations found in disclosing the newly added limitations.
On pages 23-24 of the Applicant’s remarks, Applicant argues that Rosenberg, “not teach, suggest, or imply that the changed location of one user causes an automatic update of the other user's GUI via communications from the server nor that the system performs any cross-device, event-driven propagation of location changes. Rosenberg's updates occur solely through each device independently determining its own GPS location and redrawing its own map; it does not disclose the bilateral, event-driven monitoring and remote-GUI updating expressly required by the claim.” Examiner respectfully disagrees. Rosenberg discloses the limitation(s) in paragraph [0045] (in combination with the teachings of paragraphs [0026]-[0027], [0043] and [0073]).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the teachings of Sivavakeesar regarding enabling anonymous interaction/communication between registered users of a server combined with the teachings of Rosenberg related to the meeting locator system for the first and second users of the first and second mobile phones for making the communication between the first and second users of the first and second mobile phones anonymous.
On page 26m Applicant argues, “The NFOA's reasoning, boiled down, is that one could take Rosenberg's map update system and simply apply Sivavakeesar's anonymity to it - for a reason not indicated in Claim 59 and not in the applied art. However, this reasoning oversimplifies and mischaracterizes what the references teach. Neither reference hints at the other's specialized features, nor at the benefits or feasibility of such a combination. The only way to arrive at the claimed invention from these two pieces is to use the Claim 59 itself as a template - which is hindsight. The Applicant respectfully submits that the rejection does not meet the required standard of showing obviousness with "some articulated reasoning with rational underpinning" (as required by In re Kahn and KSR) to support combining Rosenberg and Sivavakeesar to reach the requirements of claim 59 and thus its dependent claims.” Examiner respectfully disagrees with Applicant’s interpretations of the teachings of the Rosenberg and Sivavakeesar. As described above, the teachings of Sivavakeesar regarding enabling anonymous interaction/communication between registered users of a server combined with the teachings of Rosenberg related to the meeting locator system for the first and second users of the first and second mobile phones for making the communication between the first and second users of the first and second mobile phones anonymous.
On pages 26 and 27 of the Applicant’s remarks, Applicant asserts, “Maggenti does not disclose any graphical user interface element configured to display an activatable toggle or icon… these soft keys are context-dependent buttons-not GUI elements presented as persistent toggleable icons…” Examiner respectfully disagrees. It is well-known in the art and obvious to a person of ordinary skill in that the soft button functionalities to apply to the touch screen, as disclosed by Maggenti, to provide a key for preforming the functionality such as "start to record".
Applicant further argues, “Maggenti's context is entirely different. As seen in paragraph [0046] and Figure 5 (page 11), the user interface consists of a push-to-talk environment for voice communication between networked group members-not for initiating or controlling external monitoring during an in-person meeting. The recording is limited to capturing PTT audio segments and is not linked to ambient or meeting-based recording through a mobile device interface.” In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Therefore, claim(s) 77-82, 88 and 89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberg in view of Sivavakeesar in view of Maggenti.
Applicant’s argument with respect to claims 83-87 (see pages 28-31 of the Applicant’s remarks) is respectfully traverses since the specification does not teach the newly added limitations.
Applicant’s arguments with respect to claim(s) 89 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Chen et al. - US 20070118415 A1- disclose Intelligent Meeting Scheduler.
Norriset al. - US 20160005003 A1- disclose Continuous Proximity And Relational Analysis Of User Devices In A Network.
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 ALLAHYAR KASRAIA N whose telephone number is (571)270-1772. The examiner can normally be reached Monday - Friday, 8:00 am - 5: 00 pm.
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/ALLAHYAR KASRAIA N/Primary Examiner, Art Unit 2642