www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/692,157
`
`08/31/2017
`
`Stephen Lee HODGE
`
`3210.1810000
`
`3316
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`JORDAN, KIMBERLY L
`
`2194
`
`08/07/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`e-office @ sternekessler.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-20 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200803
`
`Application No.
`Applicant(s)
`15/692 157
`HODGE, Stephen Lee
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KIMBERLY L JORDAN
`2194
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 4/7/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`2.
`
`3.
`
`This Office action is in response to the amendmentfiled April 7, 2020.
`
`Claims 1-20 are pending and have been examined.
`
`Claims 1, 11, and 17 have been amended.
`
`Continued Examination Under 37 CFR 1.114
`
`4,
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuantto
`
`37 CFR 1.114. Applicant's submission filed on 04/07/2020 has been entered.
`
`Notice of Pre-AIA or AIA Status
`
`5.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`Response to Amendment
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 3
`
`7.
`
`Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Plotkin (US
`
`
`2012/0079045), in view of Gabel (US 9,763,271), and further in view of Winawer (US
`
`2019/0020696).
`
`Regarding claim 1, Plotkin discloses:
`
`— receiving, from a client device, a login request to a presence based service, the login
`
`request including a client identifier associated with a client and a client credential;
`
`authenticating the client device based on the client identifier and the client credential
`
`(see at least paragraph 0111 and 0056);
`
`— setting a presence status of the client to available (see at least paragraph 0108, 0109,
`
`and figures 9a and 9b);
`
`— determining client information correspondingto the client based on the client
`
`identifier (see at least paragraph 0111 and 0056);
`
`HoweverPlotkin does not explicitly disclose, but Gabel discloses:
`
`— transmitting the client information to a kiosk device located in a booking facility
`
`based on the presence status; receiving a selection of the client from the kiosk device
`
`(see at least col 11: 6-27 and col 15: 43 — col 16: 11)
`
`It would have been obvious to one of ordinary skill in the art before the effective filing
`
`
`date of the claimed invention to modify Plotkin by adapting the teachings of Gabel to include the
`
`use of kiosk for service providers in a booking facility. The combination allows for service
`
`providers to offer services in an areathat is not readily accessible.
`
`HoweverPlotkin and Gabel do not explicitly disclose, but Winawerdiscloses:
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 4
`
`— andinitializing an out of band communication channel between the client device and
`
`the kiosk device, the out of band communication channel being independentof the
`
`presence based service (see at least paragraphs 0026 and 0034, user or host can
`
`initiate connection, user registers with presence system whichfacilitates establishing
`
`peer-to-peer personal, direct, personal, and secure real-time communication sessions
`
`with hosts)
`
`It would have been obvious to one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to modify Plotkin and Gabel by adapting the teachings of Winawer
`
`to allow a presenceservice to initiation a secure communication connection. The combination
`
`allows for secure, personal, and private communication sessions which would put a userat ease
`
`while communicating private information or having a personal conversation.
`
`Regarding claim 2, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— determining an integrity value of the client device, the integrity value representing an
`
`integrity of an operating system of the client device; identifying a user of the kiosk
`
`device; determining inmate information associated with the user; requesting creation
`
`of a secure memory location on the client device; requesting storage of the inmate
`
`information at the secure memory location; and transmitting the inmate information
`
`to the secure memory location (see at least paragraph 0111 and 0056)
`
`Regarding claim 3, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 5
`
`determining a fee associated with the client based on the client information;
`
`transmitting a payment request to the kiosk device, the payment request in an amount
`
`corresponding to the fee; receiving payment information from the kiosk device;
`
`verifying the payment information; and wherein theinitializing is based on the
`
`verifying of the paymentinformation (see at least Gabel col 11: 6-27 and col 15: 43 —
`
`col 16: 11)
`
`Regarding claim 4, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`identifying a user of the kiosk device; determining inmate information associated with
`
`the user; determining at least one of a fine or bond associated with the inmate
`
`information; transmitting a payment request to the kiosk device, the payment request
`
`in an amount correspondingto the at least one of the fine or bond; receiving payment
`
`information from at least one of the kiosk device or a user device associated with the
`
`user; and verifying the payment information (see at least Gabel col 11: 6-27 and col
`
`15: 43 — col 16: 11)
`
`Regarding claim 5, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`transmitting an installation executable to a user device associated with a user of the
`
`kiosk device, the installation executable associated with an application, receiving
`
`confirmation of installation of the application on the user device; and generating an
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 6
`
`association between the application on the user device and the client device (see at
`
`least paragraph 0175)
`
`
`Regarding claim 6, the rejection of claim 5 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— receiving, from the user device, current location information determined by the
`
`application; and transmitting the current location information to the client device
`
`based on the association (see at least Gabel col 11: 6-27 and col 15: 43 — col 16: 11)
`
`Regarding claim 7, the rejection of claim 6 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— receiving historic location information from the user device; and generating a
`
`geographic boundary based on the historic location information, the geographic
`
`boundary including a historic location frequented by the user device (see at least
`
`Gabel col 11: 6-27 and col 15: 43 — col 16: 11)
`
`
`Regarding claim 8, the rejection of claim 7 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— determining that a current location of the user device is outside of the geographic
`
`boundary based on the current location information; and transmitting a warning
`
`communicationto the client device based on the determining (see at least Gabel col
`
`11: 6-27 and col 15: 43 — col 16: 11)
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 7
`
`
`Regarding claim 9, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— wherein the client information includes at least one of a client name, client contact
`
`information, a client biography,client affiliations, or client fees (see at least Gabel
`
`col 11: 6-27 and col 15: 43 — col 16: 11)
`
`Regarding claim 10, the rejection of claim 1 is incorporated, and Plotkin as modified
`
`further discloses:
`
`— wherein the out of band communication channelincludes at least one of a videocall,
`
`telephonecall, or text based communication (see at least paragraph 0184)
`
`Regarding claims 11-20, the scope of the instant claims does not differ substantially from
`
`that of claims 1, 2,5, 6, 9, and 10 and are rejected for the same reasons, respectively, and claims
`
`17-20 are rejected for the same reasons fond in claims 1-10.
`
`8.
`
`Rejection of claims under $103:
`
`Response to Arguments
`
`Applicant’s arguments are directed to newly added limitations which are addressed in the
`
`rejections above.
`
`

`

`Application/Control Number: 15/692,157
`Art Unit: 2194
`
`Page 8
`
`Conclusion
`
`9.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KIMBERLY L JORDAN whose telephone numberis (571)270-
`
`5481. The examiner can normally be reached on Monday-Friday 9:30am-5:30pm.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Dennis Chow can be reached on (571) 272-7767. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/KIMBERLY L JORDAN/
`Examiner, Art Unit 2194
`
`