`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/213,800
`
`12/07/2018
`
`Gregory G. Raleigh
`
`RALEPO35D1C1C1
`
`9743
`
`Headwater Research LLC
`1011 Pruitt Place
`Tyler, TX 75703
`
`RUDY, ANDREW J
`
`PAPER NUMBER
`
`ART UNIT
`
`3687
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/08/2019
`
`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):
`
`patent @ headwaterllc.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Application No.
`Applicant(s)
`16/213,800
`Raleigh etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ANDREW JOSEPH RUDY
`3687
`No
`
`
`
`-- 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 December 7, 2018.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)(] This action is FINAL. 2b))This action is non-final.
`3)() An election was made bythe applicant in responseto a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4) Since this application is in condition for allowance except for formal matters, prosecution as to the meritsis
`closed in accordance with the practice under Exparfe Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`6 7
`
`Disposition of Claims*
`1 is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s)__ is/are withdrawn from consideration.
`C] Claim(s} _is/are allowed.
`Claim(s) 1 is/are rejected.
`8) ( Claim(s)__ is/are objected to.
`9)
`(4 Claim(s)
`are subject to restriction and/or election requirement
`* 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) The drawing(s) filed on __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)() Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)1) None of the:
`b)( Some**
`a)Q All
`1.1) 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 receivedin 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(7) Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20191105
`
`
`
`Application/Control Number: 16/213,800
`Art Unit: 3687
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`2.
`
`Claims 1
`
`is pending.
`
`Claim Rejections - 35 USC § 101
`
`3.
`
`Pursuant to Applicant's December 7, 2018 claim submission, no 35 U.S.C. 101
`
`rejection is deemed warranted.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically
`disclosed or described assetforth in section 102, if the differences
`between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the
`time the invention was made to a person having ordinary skill in the art to
`which said subject matter pertains. Patentability shall not be negatived by
`the manner in which the invention was made.
`
`5.
`
`Claim 1
`
`is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`US 7,742,961 issued to Aaron etal.
`
`Aaron discloses, e.g. Figs. 1-3 and related text, an end-user device, e.g. 140,
`
`associated with service plans, e.g. 145, having a limit on past usage of one or more
`
`network services, e.g. col. 7, lines 26-35, a notification action, e.g. 120, 216, notification
`
`
`
`Application/Control Number: 16/213,800
`Art Unit: 3687
`
`Page 3
`
`requests, e.g. 110, and a notification message, e.g. an alert or alarm. Aaron does not
`
`specifically disclose the notification message on a user interface of the end user device.
`
`Official Notice is taken that sending a notification message on a user device has been
`
`common knowledge in the network telephone device art To have provided such a
`
`notification message for Aaron’s device would have been obvious to one of ordinary skill
`
`in the art in view of this common knowledge. The motivation for doing such would beto
`
`have a network system using an end-user device associated therewith receive a
`
`common knowledge message.
`
`6.
`
`Further pertinent references of interest are noted on the attached PTO-892.
`
`7.
`
`Applicant’s six (6) Information Disclosure Statements (IDS’s) submitted April 29,
`
`2019 have been reviewed. Note the attached IDS’s.
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANDREW JOSEPH RUDYwhosetelephone number is
`
`(571)272-6789. The examiner can normally be reached on Mondaythru Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Nathan Uber, can be reached on 571-270-3923. The fax phone number for
`
`the organization where this application or proceeding is 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 may be obtained from either Private PAIR or Public PAIR.
`
`
`
`Application/Control Number: 16/213,800
`Art Unit: 3687
`
`Page 4
`
`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 accessto 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 automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Andrew Joseph Rudy/
`
`Primary Examiner
`
`Art Unit 3687
`
`