Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Exhibit E

Interested in this case?

Current View

Full Text

3 Exhibit E 3 UNITED STA TES p ATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/059,192 10/21/2013 Sean Rad 083523.0118 1044 5073 7590 02/28/2017 EXAMINER BAKER BOTTS L.L.P. 2001 ROSS AVENUE CHOI, YUK TING SUITE 600 DALLAS, TX 75201-2980 ART UNIT PAPER NUMBER 2153 NOTIFICATION DATE DELIVERY MODE 02/28/2017 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): ptomaill@bakerbotts.com ptomai12@bakerbotts.com PTOL-90A (Rev. 04/07) Case 6:18-cv-00080-ADA Document 82-6 Filed 05/15/19 Page Application No. 3 of 23 Applicant(s) 14/059, 192 RAD ET AL. Office Action Summary Examiner Art Unit AIA (First Inventor to File) Status YUK TING CHOI 2153 No -- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -- Period for Reply A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE .J. MONTHS FROM THE MAILING DATE OF THIS COMMUNICATION. Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b). Status 1)~ Responsive to communication(s) filed on 113112017. 0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _ _. 2a)0 This action is FINAL. 2b)~ This action is non-final. 3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on _ _; the restriction requirement and election have been incorporated into this action. 4)0 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 Ex parte Quayle, 1935 G.D. 11, 453 O.G. 213. Disposition of Claims* 5)~ Claim(s) 23.25.26.30.32.33.37.39 and 40 is/are pending in the application. 5a) Of the above claim(s) _ _ is/are withdrawn from consideration. 6)0 Claim(s) _ _ is/are allowed. 7)~ Claim(s) 23. 25. 26. 30. 32. 33. 37. 39. 40 is/are rejected. 8)0 Claim(s) _ _ is/are objected to. 9)0 Claim(s) _ _ are subject to restriction and/or election requirement. * If any claims have been determined allowable, you may be eligible 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 PF'Hfeedback(wuspto.aov. Application Papers 10)0 The specification is objected to by the Examiner. 11)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O 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: a)O All b)O Some** c)O None of the: 1.0 Certified copies of the priority documents have been received. 2.0 Certified copies of the priority documents have been received in Application No. _ _ . 3.0 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 (PT0-892) 3) 0 Interview Summary (PT0-413) Paper No(s)/Mail Date. _ _ . 2) 0 Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) 4) 0 Other: _ _ . Paper No(s)/Mail Date _ _ . U.S. Patent and Trademark Office PTOL-326 (Rev. 11-13) Office Action Summary Part of Paper No./Mail Date 20170217 3 Application/Control Number: 14/059, 192 Page 2 Art Unit: 2153 DETAILED ACTION Continued Examination Under 37 CFR 1. 114 1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed 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 pursuant to 37 CFR 1.114. Applicant's submission filed on 01/3/2017 has been entered. Response to Amendment 2. In response to the last Office Action, claims no claims have been amended, added or canceled. As a result, claims 23, 25, 26, 30, 32, 33, 37, 39, 40 are pending in this office action. 3. The declaration of prior Invention under 37 CFR 1.131 filed on 01/31 /2017 has been considered but is ineffective to overcome the Janssens reference (US 2014/0040368 A 1). The affidavit filed on 1/31 /2017 was signed by Mr. Jonathan Baden on Jan. 30, 2017. Mr. Jonathan Baden was not one of the original inventors listed in the application. Applicant has not pay the fee set forth in 37 CFR 1.17 (i) for correction of inventorship. SEE MPEP 602.1 (c) for more information. Response to Arguments 4. Applicant's arguments with respect to claims 23, 25, 26, 30, 32, 33, 37, 39 and 40 have been fully considered but are not persuasive and the details are as follow: Applicant's argument states as "Not only Janssens teaches away from the argued limitations, but numerous passages in Janssens teach the opposite and allows users to 3 Application/Control Number: 14/059, 192 Page 3 Art Unit: 2153 communicate before the "linking" feature ... The cited portion of Benschop are directed to an emailed system wherein users can only email each other if they are in each other's address books. Benschop seeks to allow messaging between users that already known each other, but as detailed above, Janssens teaches away from enabling initial communication in the manner claimed because Janssens is directed to facilitating communication between users who do not know each other". In response to Applicant's argument, the Examiner disagrees because the Janssens discloses a bidirectional interaction or communication is created or enabled when two users indicate a "like" for the other. Both users can enable communication such as adding each other on their contact lists and/or they can sent a notification message, sound, graphic or the like (See para. [0053], para. [0064] and para. [0065] and para. [0094]). For instance, if user A "likes" user B, user B likes user A back, a link is created. User A and user B can communicate with each other by adding each other to the contact list and the system would send a message to both users saying "you both link" (See para. [0094] and para. [0095]). User A and user B can start their first or initial bidirectional interaction or communication after both of them received a message "you both link". The Janssens reference may not limit the users to initiate a communication only when both users indicate a "like" for each other, but that does not mean the Janssens reference teaches the opposite because it allows users to communicate before the "linking" feature. The Janssens reference still can allow user A and user B to start their first or initial bidirectional interaction or communication after both of them received a message "you both link" (See para. [0094] and para. [0095]). Thus, the Janssens reference still read on the argued features. The Benschop is only added to further support the argued feature "determining to enable initial communication between the first user and the second user in response to determining that both users have expressed interests or approvals". The 3 Application/Control Number: 14/059, 192 Page 4 Art Unit: 2153 Benschop reference discloses an approval module allows to establish or exchange a communication between a sender, e.g. the user of the first user device I, and an addressee, e.g. the user of the second user device llA only if both the sender and the addressee have signaled approval for the communication (See para. [0060]). Applicant further argues in para. [0060] of Benschop that the users can only email each other if they are in each other's address books. The Examiner disagrees because in para. [0060], the entries in the address book can be created or made only in response to mutual approval of users to exchange electronic messages, and the users do not know each other if they have not been engaged in electronic message exchange before (See Benschop, para. [0049] and para.[0057]). Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the enabling communication module of Janssens's system to include an approval module, as taught by Benschop, in order to filter out unwanted messages from users who do not have mutual approval of establishing a communication (See Benschop, para. [0060] and abstract). Applicant's argument states as "Multiples articles from different publications attest to the overwhelming success of Applicant's system that embodies the independent claims and the claimed inventions of the present application have been commercially successful, copied by others, and have received industry praise as the objective evidence discussed between demonstrates". In response to Applicant's argument, as mentioned in the communication mailed on 12/07/2016, the Examiner found that the evident does not provide a proper nexus between the claimed invention and commercial success. See MPEP 716.03(a). Objective evidence of nonobviousness including commercial success must be commensurate in scope with the claims. 3 Application/Control Number: 14/059, 192 Page 5 Art Unit: 2153 First the independent claim 23 recites "performing a first swiping gesture" and determining a positive or negative preference. The evidence Applicant provided, however, is about specifically swiping left and right. Secondly, MPEP 716.06 indicates " ... more than the mere fact of copying is necessary to make that action significant because copying may be attributable to other factors such as a lack of concern for patent property or contempt for the patentee's ability to enforce the patent. [ ... ] Evidence of copying was persuasive of nonobviousness when an alleged infringer tried for a substantial length of time to design a product or process similar to the claimed invention, but failed and then copied the claimed invention instead. [ ... ] copying is not persuasive of nonobviousness when the copy is not identical to the claimed product, and the other manufacturer had not expended great effort to develop its own solution." Finally, the articles in question represent the opinions of journalists, and have neither the weight of factual evidence nor expert opinion. Therefore, Applicant has not provide enough evidence to demonstrate that the claims are not obvious. 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 of this title, 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. 3 Application/Control Number: 14/059, 192 Page 6 Art Unit: 2153 5. Claims 23, 25, 26, 30, 32, 33, 35, 37, 39 and 40 are rejected under 35 U.S.C. 103 as being unpatentable by Janssens (US 2014/0040368 A 1) and in view of Bensch op et al. (US 2008/0196094 A 1). Referring to claims 23, 30 and 37, Janssens discloses a computer implemented method of profile matching (See para. [0005], a matching system identifies a plurality of matching users from a plurality users based at least in part on the received profile information), comprising: electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device (See Figure 9, para. [0041] and para. [0112] and para. [0113], receiving a request for a new card from a user device, a request for a profile card); determining a set of potential matches for the first user in response to receiving the first request (See para. [0115] and Figure 9, item 906, identifying a set of available cards by the system as potentially interesting to the viewing user); causing the display of a graphical representation of a first potential match of the set of potential matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user (See para. [0115]-para. [0117] and Figure 9, selecting and displaying a card from the set of available cards that is estimated or determined to be the highest rank or greater interest to the user); determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping gesture associated with the graphical representation to the first potential match on the graphical user interface (See Figure 5, para. [0005], para. [0052], para. [0053], para. [0064] and para. 3 Application/Control Number: 14/059, 192 Page 7 Art Unit: 2153 [0095], the system receives "like" expression from the first user or the A user on the card-feed pane, also See para. [0047] and para. [0068] and Figure 4, swiping across the interface using a finger on the card, user can swipe on the "like " feature, and the system maintain a history of which cards a given user has viewed and the user's interaction with a given card); in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match (See para. [0047] and para. [0118], the user of the card-feed may cycle through various cards or other potential matches beside the first potential match, the system records different forms of user interactions such as clicking, mouse dragging, hovering, swiping, gesturing and so on are used to indicate whether a new potential match or previously viewed potential match is to be displayed to the user, the feed of potential matches is automatically cycled periodically and the system uses information such as user settings and past interactions between users, e.g., the interactions such as a user liked another user and/or gave a gift to another user to determine and select which card to show next from a set of cards or potential matches, the user may go forward in the feed by selecting the forward control and the process may select the next card to display to the user in the card-feed, also when another user likes the user's profile card, the user may go forward in the feed by selecting the forward control, and the system automatically selects the card of the person that liked that user as the next card to display to the user in the card feed); 3 Application/Control Number: 14/059, 192 Page 8 Art Unit: 2153 determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match (See para. [0053], para. [0064], para. [0065] and para. [0094] and para. [0095], a bidirectional interaction or communication is created or enabled when two users indicate a "like" for the other, both users can enable communication such as adding each other on their contact lists and/or they can sent a notification message, sound, graphic or the like, for instance, if user A "likes" user B, user B likes user A back, a link is created, user A and user B can communicate with each other by adding each other to the contact list and the system would send a message to both users saying "you both link'?; determining to enable [ ... ] communication between the first user and the second user in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user (See para. [0053], para. [0064], para. [0065] and para. [0094] and para. [0095], a bidirectional interaction or communication is created or enabled when two users indicate a "like" for the other, both users can enable communication such as adding each other on their contact lists and/or they can sent a notification message, sound, graphic or the like, for instance, if user A "likes" user B, user B likes user A back, a link is created, user A and user B can communicate with each other by adding each other to the contact list and the system would send a message to both users saying "you both link'1; in response to determining to enable [ ... ] communication between the first user and the second user, causing the graphical user interface to display to the first user the graphical representation of the first potential match (See Figure 3, para. [0045] and para. [0056], if 3 Application/Control Number: 14/059, 192 Page 9 Art Unit: 2153 user A "likes" user B and user B "likes" user A back, a link is created, and the system adds user A to the contact list of user B and user B to the contact list of user A, user A enables communication with user B by clicking the chat button once the system has successfully placed user B on the contract list of user A after user A has indicated a positive indication such as the liked indication, clicking the chat button opens the chat pane is a text area enable the user to chat other users); determining that the first user expressed a negative preference indication regarding that the third potential match at least by determining that the first user performed a second swiping gesture associated with the graphical representation of the third potential match on the user interface, the second swiping gesture different than the first swiping gesture (See para. [0052], the system also provides a control via which the user can indicate a disinterest in another user which is different than the "like" gesture). prevent communication between the first user and the third after determining that the first user has expressed the negative preference indication regarding the third user (See para. [0052], preventing communication between the first user and the other user, e.g. if user B is a third potential match, user B is automatically be placed in ignored state and or any future communication because the first user dislikes the profile card for user B); determining that the first user expressed a positive preference indication regarding fourth potential match of the set of potential matches at least by determine that the first user performed the first swiping gesture associated with a graphical representation of a fourth potential match on the graphical user interface, the fourth potential match corresponding to a fourth user (See para. [0047] and para. [0118], the user of the card-feed may cycle through various cards or other potential matches beside the first potential match, the system records different forms of user interactions such as clicking, mouse dragging, 3 Application/Control Number: 14/059, 192 Page 1O Art Unit: 2153 hovering, swiping, gesturing and so on are used to indicate whether a new potential match or previously viewed potential match is to be displayed to the user, the feed of potential matches is automatically cycled periodically and the system uses information such as user settings and past interactions between users, e.g., the interactions such as a user liked another user and/or gave a gift to another user to determine and select which card to show next from a set of cards or potential matches, the user may go forward in the feed by selecting the forward control and the process may select the next card to display to the user in the card-feed, also when another user likes the user's profile card, the user may go forward in the feed by selecting the forward control, and the system automatically selects the card of the person that liked that user as the next card to display to the user in the card feed, also see Figure 5, para. [0005], para. [0047], para. [0052], para. [0053], para. [0064], para. [0068] and para. [0095], the system receives "like" expression from the first user or the A user on the card-feed pane, swiping across the interface using a finger on the card, user can swipe on the "like" feature, and the system maintain a history of which cards a given user has viewed and the user's interaction with a given card); and preventing communication between the first user and the fourth user after determining that the fourth user has expressed a negative preference indication regarding the first user (See para. [0052], preventing communication between the fourth user and the first user, e.g. if the first user is a first potential match, the first user is automatically be placed in ignored state and or any future communication because the fourth user dislikes the profile card for the first user). In additional to Janssens, Benschop explicitly disclose determining to enable initial communication between the first user and the second user in response to determining that 3 Application/Control Number: 14/059, 192 Page 11 Art Unit: 2153 both users have expressed interests or approvals (See Benschop, para. [0060], the approval module allows to establish or exchange a communication between a sender, e.g. the user of the first user device I, and an addressee,e.g. the user of the second user device /IA only if both the sender and the addressee have signaled approval for the communication). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the enabling communication module of Janssens's system to include an approval module, as taught by Benschop, in order to filter out unwanted messages from users who do not have mutual approval of establishing a communication (See Benschop, para. [0060] and abstract). As to claims 25, 32 and 39, Janssens discloses further comprising: in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user, causing the display of a graphical notification, on the graphical user interface of the first electronic device, that a match exists between the first user and the second user, the graphical notification comprising a user interface control enabling a text area to be presented to the first user (See Figure 3, text area 312, para. [0045] and para. [0056], if user A "likes" user B and user B "likes" user A back, a link is created, and the system adds user A to the contact list of user B and user B to the contact list of user A, user A enables communication with user B by clicking the chat button once the system has successfully placed user B on the contract list of user A 3 Application/Control Number: 14/059, 192 Page 12 Art Unit: 2153 after user A has indicated a positive indication such as the liked indication, clicking the chat button opens the chat pane is a text area enable the user to chat other users). As to claims 26, 33 and 40, Janssens discloses the set of potential matches for the first user comprises one or more potential matches that are each associated with a geographic location within a threshold distance of a geographic location associated with the first user, the threshold distance being a stored value (See para. [0055] and para. [0130], user can set preferences on the types of cards they want to receive, e.g. a user can specify limits on geographic range such as 10 miles from his/ her house, 20 miles from his/her work address and etc.). Conclusion 6. The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUK TING CHOI whose telephone number is (571)270- 1637. The examiner can normally be reached on 8:30 AM - 5:30 PM EST. 3 Application/Control Number: 14/059, 192 Page 13 Art Unit: 2153 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, Heather Herndon can be reached on (571) 272-4136. 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. 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. /YUK TING CHOI/ Primary Examiner, Art Unit 2153 3 Application/Control No. Applicant(s)/Patent Under Reexamination 14/059, 192 RAD ET AL. Notice of References Cited Examiner Art Unit Page 1 of 1 YUK TING CHOI 2153 U.S. PATENT DOCUMENTS Document Number Date * Country Code-Number-Kind Code MM-YYYY Name CPC Classification US Classification * A US-2005/0027707 A 1 02-2005 Syed, Omar A. G06Q30/02 707/999.009 * B US-2012/0088524 A 1 04-2012 Moldavsky; David G06Q30/02 455/456.3 * c US-2014/0074824 A1 03-2014 Rad; Sean G06Q50/01 7071722 * D US-8,566,327 82 10-2013 Carrico; Todd M. G06F17/30657 705/319 E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS Document Number Date * Country Code-Number-Kind Code MM-YYYY Country Name CPC Classification N 0 p Q R s T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) u v w x *A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20170217 EAST Search History 3 EASTSearchHistory. l 4059 l 92_Accessible Version.htm[2/l 7/2017 4: 16:24 PM] EAST Search History 3 swip$4 near10 (positive up left right upward) near20 (interest$3 loved like$3) and swip$4 near10 (negative down left right downard) and (match$3) near10 (profile$3 users) and dat$3 369 swip$4 near10 (positive up left right upward) near20 (interest$3 loved like$3) and swip$4 near10 (negative down left right downard) 8179 465 (initiate$3 enabl$3 allow$3 start$3 i U&PGPUB·i OR 2017/02/17! begin$3) near10 (communication U8PAT; 'j I conversation chat$3 messag$3) and USOCR; ! I (user$3) near10 (liked approved FPR8; ! I interested loved positive) near10 I EPO; JPO; i (match$3 porfile$3 list$3 result$3) and DERWENT; j I (click$3 select$3 indicat$3 swip$4) near10 1BM TDB ! I (like$3 positive love$3 interest$3) near10 I ! (profile$3 match$3 result$3 list) and ! I (disallow$3 dissaprove$3 prevent$3 ! I avoid$3) near10 (message communication! ! h t) t: ~=o.:~~ -~---~--------------------------------------------------------------------------------------__) """"""""""""" """"""""""""" 8178 408 (initiate$3 enabl$3 allow$3 start$3 U&PGPUB; ! OR I !2017/02/17j begin$3) near10 (communication U8PAT; ! I i 12: 11: conversation chat$3 messag$3) and i USOCR· i (user$3) near10 (liked approved FPR8· ' I i interested loved positive) near10 EPO· 'JPO· I i (match$3 porfile$3 list$3 result$3) and DERWENT; I l (click$3 select$3 indicat$3 swip$4) near10l 1BM_TDB ! (like$3 positive love$3 interest$3) near10 ! I (profile$3 match$3 result$3 list) and ! I (disallow$3 dissaprove$3 prevent$3 ! I ~=;;~~ ~~~-~~-~-~L~-~~~.l.QJ~~-~~-~-~!!?.~!.!~-~---~~-~!J ________L _____________________ J ___________________________________________ j --------------------------· 8177 I (initiate$3 enabl$3 allow$3 start$3 I U&PGPUB;i OR l 2017/02/17! Ibegin$3) near10 (communication I U8PAT· i l 11:51 ! Iconversation chat$3 messag$3) near10 I USOCR· i I (both users) near10 (liked approved I FPR8· ' i I interested) same (match$3 users) and I EPO· 'JPO· i I (user$3) near10 (liked approved IDERWENT; l I interested loved positive) and (match$3) I I BM TDB i I near10 (user$3 profile$3) and (click$3 I - Iselect$3 indicat$3 swip$4) near10 (like$3 I !,,',,, Ipositive love$3 interest$3) and (profile) I ____________ _) __________ ___! ~-~-~~1.Q..~~!.~~-~-~--------------------------------------------------------·J _________________________) ________________________) __________________J __________________________) r IIbegin$3) near10 (communication l2292 (initiate$3 enabl$3 allow$3 start$3 I conversation chat$3 messag$3) same I (match$3 users) and (user$3) EASTSearchHistory. l 4059 l 92_Accessible Version.htm[2/l 7/2017 4: 16:24 PM] near10 U&Pt?PUB;!.nR U8PAT; USOCR; FPR8; ! ! ! ! ! !:.IOFF ]i 2017/02117'. i ! 11:50 ! ! ! EAST Search History 3 I (liked approved interested loved positive) I EPO; JPO; ~ Iand (match$3) near10 (user$3 profile$3) I DERWENT; i Iand (click$3 select$3 indicat$3 swip$4) i IBM_TDB j,,,,1 I near10 (like$3 positive love$3 interest$3) I i i _____________, __________J ~~~--~E'L~!-~~~L~~~!.-~.9--.~-~!~-~~~----------------------------·J_________________________L_______________________, _________________J _________________________, 96 (initiate$3 enabl$3 allow$3 start$3 I U&PGPUB;j OFF l 2017/02/17! begin$3) near10 (communication I USPAT; ! conversation chat$3 messag$3) same I USOCR; ! (match$3 users) near10 (liked approved I FPRS; ! interested loved positive) and (match$3) I EPO; JPO; ! near10 (user$3 profile$3) and (click$3 I DERWENT;! select$3 indicat$3 swip$4) near10 (like$3 I BM_TDB ! 1 positive love$3 interest$3) and (profile) I ! ~-~-~~1.Q__~~!.~~-~-~--------------------------------------------------------·J _________________________] 2/ 17/2017 4:16:19 PM C:\ Users\ cchoi\ Documents\ EAST\ Workspaces\ 14059192_matching_process_system_method.wsp EASTSearchHistory. l 4059 l 92_Accessible Version.htm[2/l 7/2017 4: 16:24 PM] 3 Application/Control No. Applicant(s)/Patent Under Reexamination Search Notes 14059192 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 CPC-SEARCHED Symbol I Date I Examiner G06F17/30867 OR G06F17/3053 OR G06F17/30386 I 8/18/2016 I YC CPC COMBINATION SETS - SEARCHED Symbol I Date I Examiner I I US CLASSIFICATION SEARCHED Class I Subclass I Date I Examiner I I I SEARCH NOTES Search Notes Date Examiner G06F17/30867 OR G06F17/3053 OR G06F17/30386 and east text 8/18/2016 YC search, see attached search history East text search, see attached search history 2/17/2017 YC INTERFERENCE SEARCH US Class/ US Subclass I CPC Group Date Examiner CPC Symbol /YUK TING CHOI/ Primary Examiner.Art Unit 2164 U.S. Patent and Trademark Office Part of Paper No.: 20170217 3 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 14059192 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 Rejected Cancelled N Non-Elected A Appeal - Allowed Restricted Interference 0 Objected D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47 CLAIM DATE Final Original 08/12/2015 11/30/2015 06/14/2016 08/18/2016 02/17/2017 1 - - - - - 2 - - - - - 3 - - - - - 4 - - - - - 5 - - - - - 6 - - - - - 7 - - - - - 8 - - - - - 9 - - - - - 10 - - - - - 11 - - - - - 12 - - - - - 13 - - - - - 14 - - - - - 15 - - - - - 16 - - - - - 17 - - - - - 18 - - - - - 19 - - - - - 20 - - - - - 21 - - - - - 22 - - - - - 23,/,/,/,/,/ 24,/ - - - - 25,/,/,/,/,/ 26,/,/,/,/,/ 27,/,/ - - - 28,/,/ - - - 29,/ - - - - 30,/,/,/,/,/ 31,/ - - - - 32,/,/,/,/,/ 33,/,/,/,/,/ 34,/,/ - - - 35,/,/ - - - 36,/ - - - - U.S. Patent and Trademark Office Part of Paper No.: 20170217 3 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 14059192 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 Rejected Cancelled N Non-Elected A Appeal - Allowed Restricted Interference 0 Objected D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47 CLAIM DATE Final Original 08/12/2015 11/30/2015 06/14/2016 08/18/2016 02/17/2017 37,/,/,/,/,/ 38,/ - - - - 39,/,/,/,/,/ 40,/,/,/,/,/ 41,/,/ - - - 42,/,/ - - - 43,/ - - - - U.S. Patent and Trademark Office Part of Paper No.: 20170217 3 PTO/SB/30 (07-09) Approved for use through 07/31/2012. OMB 0651-0031 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE l Jnder the Panerwork Reduction Art of 1995 no oersons are renuired to r~onnnd to a collection of information unless it rnntains a valid n"B control number. Request Application Number 14/059,192 for October 21, 2013 Filing Date Continued Examination (RCE) Sean Rad Transmittal First Named Inventor Address to: 2153 Confirmation No. 1044 Art Unit Mail Stop RCE Commissioner for Patents Yuk Ting Choi Examiner Name P.O. Box 1450 Alexandria, VA 22313-1450 Attorney Docket Number 083523.0118 This is a Request for Continued Examination (RCE) under 37 CFR 1.114 of the above-identified application. Request for Continued Examination (RCE) practice under 37 CFR 1.114 does not apply to any utility or plant application filed prior to June 8, 1995, or to any desir:in application. See Instruction Sheet for RCEs (not to be submitted to the USPTO) on par:ie 2. 1. ISubmission reauired under 37 CFR 1.1141 Note: If the RCE is proper, any previously filed unentered amendments and amendments enclosed with the RCE will be entered in the order in which they were filed unless applicant instructs otherwise. If applicant does not wish to have any previously filed unentered amendment(s) entered, applicant must request non-entry of such amendment(s). a. D Previously submitted. If a final Office action is outstanding, any amendments filed after the final Office action may be considered as a submission even if this box is not checked. i. D Consider the arguments in the Appeal Brief or Reply Brief previously filed on Ii. D Other b. [2J Enclosed I. [Z] Amendment/Reply iii. D Information Disclosure Statement (IDS) ii. [Z] Affidavit(s)/ Declaration(s) iv. D Other 2. [Miscellaneous J Suspension of action on the above-identified application is requested under 37 CFR 1.103(c) for a a. D period of months. (Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) required) b. D other 3. (Fees] The RCE fee under 37 CFR 1.17(e) is required by 37 CFR 1.114 when the RCE is filed. The Director is hereby authorized to charge the following fees, any underpayment of fees, or credit any overpayments, to a. [{] Deposit Account No. 02-0384 i. [{] RCE fee required under 37 CFR 1.17(e) ii. [{] Extension of time fee (37 CFR 1.136 and 1.17) iii. D Other b. D Check in the amount of$ enclosed c. D Payment by credit card (Form PT0-2038 enclosed) WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card information and authorization on PT0-2038. / SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT REQUIRED Signature I ~~.,,,1-------· I Date IJanuary 31, 2017 Name (Printrrype) IRoshan S. Mansinghani I Registration No. 162,429 CERTIFICATE OF MAILING OR TRANSMISSION I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Mail Stop RCE, Commissioner for Patents, P. 0. Box 1450, Alexandria, VA 22313-1450 or facsimile transmitted to the U.S. Patent and Trademark Office on the date shown below. Signature I Name (Printffype) I I Date This collection of information 1s required by 37 CFR 1.114. The information 1s required to obtain or retain a benefit by the public which 1s to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SE ND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop RCE, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PT0-9199 and select option 2.