Match Group, LLC v. Bumble Trading Inc.

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

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78 Exhibit G Part 1 of 2 78 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. ISSUE DATE PATENT NO. ATTORNEY DOCKET NO. CONFIRMATION NO. 15/016,662 05/01/2018 9959023 083523.0117 9869 5073 7590 04/11/2018 BAKER BOTTS L.L.P. 2001 ROSS AVENUE SUITE 700 DALLAS, TX 75201-2980 ISSUE NOTIFICATION The projected patent number and issue date are specified above. Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29, 2000) The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include an indication of the adjustment on the front page. If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA. Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair.uspto.gov). Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management (ODM) at (571)-272-4200. APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants): Sean Rad, Los Angeles, CA; Tinder, Inc., West Hollywood, CA; Jonathan Badeen, North Hollywood, CA; The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for business investment, innovation, and commercialization of new technologies. The USA offers tremendous resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation works to encourage and facilitate business investment. To learn more about why the USA is the best country in the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov. IR103 (Rev. 10/09) Ex. G-1 Case 6:18-cv-00080-ADA-JCM PART BDocument 30-12 Filed 10/11/18 Page 3 of 278 - FEE(S) TRANSMITTAL Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 or Fax (571)-273-2885 INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications. Note: A certificate of mailing can only be used for domestic mailings of the Fee(s) Transmittal. This certificate cannot be used for any other accompanying CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address) papers. Each additional paper, such as an assignment or formal drawing, must have its own certificate of mailing or transmission. Certificate of Mailing or Transmission 5073 7590 02/27/2018 I hereby certify that this Fee(s) Transmittal is being deposited with the United BAKER BOTTS L.L.P. States Postal Service with sufficient postage for first class mail in an envelope addressed to the Mail Stop ISSUE FEE address above, or being facsimile 2001 ROSS AVENUE transmitted to the USPTO (571) 273-2885, on the date indicated below. SUITE 700 (Depositor's name) DALLAS, TX 75201-2980 (Signature) (Date) APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 TITLE OF INVENTION: Matching Process System And Method APPLN. TYPE ENTITY STATUS ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE DATEDUE nonprovisional UNDISCOUNTED $1000 $0 $0 $1000 05/29/2018 EXAMINER ART UNIT CLASS-SUBCLASS CHOI, YUK TING 2153 707-005000 1. Change of correspondence address or indication of "Fee Address" (37 2. For printing on the patent front page, list CFR 1.363). 1 Baker Botts L.L.P. (1) The names of up to 3 registered patent attorneys 0 Change of correspondence address (or Change of Correspondence or agents OR, alternatively, Address form PTO/SB/122) attached. (2) The name of a single firm (having as a member a 0 "Fee Address" indication (or "Fee Address" Indication form registered attorney or agent) and the names of up to PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer 2 registered patent attorneys or agents. If no name is Number is required. listed, no name will be printed. 3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment. (A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY) Match.Com, L.L.C. Dallas, Texas Please check the appropriate assignee category or categories (will not be printed on the patent): 0 Individual es.J Corporation or other private group entity 0 Government 4a. The following fee(s) are submitted: 4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above) es.J Issue Fee 0 A check is enclosed. 0 Publication Fee (No small entity discount permitted) 0 Payment by credit card. Form PT0-2038 is attached. 0 Advance Order - #of Copies _ _ _ _ _ _ _ _ __ ~The director is hereby authorized to charge \)12 r5~14d fee(s), any deficiency, or credits any overpayment, to Deposit Account Number - (enclose an extra copy of this form). 5. Change in Entity Status (from status indicated above) 0 Applicant certifying micro entity status. See 37 CFR 1.29 NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue fee payment in the micro entity amount will not be accepted at the risk of application abandonment. 0 Applicant asserting small entity status. See 37 CFR 1.27 NOTE: If the application was previously under micro entity status, checking this box will be taken to be a notification of loss of entitlement to micro entity status. 0 Applicant changing to regular undiscounted fee status. NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro entity status, as applicable. NOTE: This form must be signed in accordance with 37 CFR 1.31and1.33. See 37 CFR 1.4 for signature requirements and certifications. /Chad Authorized Signature _ _ ___ C._Walters/ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date _ _M_a_rc_h_2_2_,2_0_1_8__________ Typed or printed name _Chad _ _ _C. _ Walters _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Registration No. ___4_a_,0_2_2___________ Page 2 of3 Ex. G-2 PTOL-85 Part B (10-13) Approved for use through 10/31/2013. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 1 lN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of: Sean Rad et al. Serial No.: 15/016,662 Filed: February 5, 2016 Group No.: 2153 Examiner: Yuk Ting Choi Notice of Allowance Mailed: February 27, 2018 Confirmation No.: 9869 Title: MATCHING PROCESS SYSTEM AND METHOD Mail Stop Issue Fee Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Dear Sir: RESPONSE TO REASONS FOR ALLOWANCE Applicant appreciates the Examiner's allowance of Claims 44, 45, 49, 53, 54 and 58. Pursuant to 37 C.F.R. § 1.104, Applicant respectfully issues a statement commenting on the Examiner's reasons for allowance. Applicant respectfully disagrees with the Examiner's reasons for allowance to the extent that they are inconsistent with applicable case law, statutes, and regulations. Furthermore, Applicant does not admit to any characterization or limitation of the claims or to any characterization of a reference by the Examiner, particularly any that are inconsistent with the language of the claims considered in their entirety and including all of their constituent limitations. Respectfully submitted, BAKER BOTTS L.L.P. Attorneys for Applicant /Chad C. Walters/ Chad C. Walters Registration No. 48,022 Date: ~~~~~~~~~~~ CUSTOMER NO. 05073 DALO 1:594456 Ex. G-3 78 Electronic Patent Application Fee Transmittal Application Number: 15016662 Filing Date: 05-Feb-2016 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Filer: Barton E. Showalter/Karen Langford Attorney Docket Number: 083523.0117 Filed as Large Entity Filing Fees for Utility under 35 USC 111 (a) Sub-Total in Description Fee Code Quantity Amount USO($) Basic Filing: Pages: Claims: Miscellaneous-Filing: Petition: Patent-Appeals-and-Interference: Post-Allowance-and-Post-Issuance: UTILITY APPL ISSUE FEE 1501 1 1000 1000 Ex. G-4 78 Sub-Total in Description Fee Code Quantity Amount USO($) Extension-of-Time: Miscellaneous: Total in USO($) 1000 Ex. G-5 78 Electronic Acknowledgement Receipt EFSID: 32129174 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Barton E. Showalter/Karen Langford Filer Authorized By: Barton E. Showalter Attorney Docket Number: 083523.0117 Receipt Date: 22-MAR-2018 Filing Date: 05-FEB-2016 Time Stamp: 14:48:23 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment yes Payment Type DA Payment was successfully received in RAM $1000 RAM confirmation Number 0323181NTEFSVl/00001122020384 Deposit Account Authorized User The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: Ex. G-6 78 File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 115039 1 Issue Fee Payment (PT0-85B) 11 ?if.pdf no 1 dacc09c416b09491e36867b1 dae0cd669aa aOeeS Warnings: Information: 101602 Post Allowance Communication - 2 11 ?Comments.pdf no 1 Incoming ea043a511158497063c8ec3cb9029a5c156 2cad Warnings: Information: 29987 3 Fee Worksheet (SB06) fee-info.pdf no 2 895767aeef32a6e486d1 0920ec1 b58Sc38a 2f5Se Warnings: Information: Total Files Size (in bytes) 246628 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Agglications Under 35 U.S.C. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Agglication under 35 U.S.C. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.C. 371 and other applicable requirements a Form PCT /DO/E0/903 indicating acceptance of the application as a national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course. New International Agglication Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application. Ex. G-7 78 UNITED STAIBS p AIBNT 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 NOTICE OF ALLOWANCE AND FEE(S) DUE EXAMINER 5073 7590 02/27/2018 BAKER BOTTS L.L.P. CHOI, YUK TING 2001 ROSS AVENUE SUITE 700 ART UNIT PAPER NUMBER DALLAS, TX 75201-2980 2153 DATE MAILED: 02/27/2018 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 TITLE OF INVENTION: Matching Process System And Method APPLN. TYPE ENTITY STATUS ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE DATEDUE nonprovisional UNDISCOUNTED $1000 $0 $0 $1000 05/29/2018 THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS. THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308. THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE. HOW TO REPLY TO THIS NOTICE: I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that entity status still applies. If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above. If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled "Change in Entity Status (from status indicated above)". For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity fees. IL PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office (USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing the paper as an equivalent of Part B. III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail Stop ISSUE FEE unless advised to the contrary. IMPORTANT REMINDER: Maintenance fees are due in utility patents issuing on applications filed on or after Dec. 12, 1980. It is patentee's responsibility to ensure timely payment of maintenance fees when due. More information is available at www .uspto.gov/PatentMaintenanceFees. Page 1of3 PTOL-85 (Rev. 02/11) Ex. G-8 Case 6:18-cv-00080-ADA-JCM PART BDocument 30-12 Filed 10/11/18 Page 10 of 278 - FEE(S) TRANSMITTAL Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 or Fax (571)-273-2885 INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications. Note: A certificate of mailing can only be used for domestic mailings of the Fee(s) Transmittal. This certificate cannot be used for any other accompanying CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address) papers. Each additional paper, such as an assignment or formal drawing, must have its own certificate of mailing or transmission. Certificate of Mailing or Transmission 5073 7590 02/27/2018 I hereby certify that this Fee(s) Transmittal is being deposited with the United BAKER BOTTS L.L.P. States Postal Service with sufficient postage for first class mail in an envelope addressed to the Mail Stop ISSUE FEE address above, or being facsimile 2001 ROSS AVENUE transmitted to the USPTO (571) 273-2885, on the date indicated below. SUITE 700 (Depositor's name) DALLAS, TX 75201-2980 (Signature) (Date) APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 TITLE OF INVENTION: Matching Process System And Method APPLN. TYPE ENTITY STATUS ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE DATEDUE nonprovisional UNDISCOUNTED $1000 $0 $0 $1000 05/29/2018 EXAMINER ART UNIT CLASS-SUBCLASS CHOI, YUK TING 2153 707-005000 1. Change of correspondence address or indication of "Fee Address" (37 2. For printing on the patent front page, list CFR 1.363). (1) The names of up to 3 registered patent attorneys 0 Change of correspondence address (or Change of Correspondence or agents OR, alternatively, Address form PTO/SB/122) attached. (2) The name of a single firm (having as a member a 0 "Fee Address" indication (or "Fee Address" Indication form registered attorney or agent) and the names of up to PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer 2 registered patent attorneys or agents. If no name is Number is required. listed, no name will be printed. 3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment. (A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY) Please check the appropriate assignee category or categories (will not be printed on the patent): 0 Individual 0 Corporation or other private group entity 0 Government 4a. The following fee(s) are submitted: 4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above) 0 Issue Fee 0 A check is enclosed. 0 Publication Fee (No small entity discount permitted) 0 Payment by credit card. Form PT0-2038 is attached. 0 Advance Order - #of Copies _ _ _ _ _ _ _ _ __ 0 The director is hereby authorized to charge the required fee(s), any deficiency, or credits any overpayment, to Deposit Account Number (enclose an extra copy of this form). 5. Change in Entity Status (from status indicated above) 0 Applicant certifying micro entity status. See 37 CFR 1.29 NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue fee payment in the micro entity amount will not be accepted at the risk of application abandonment. 0 Applicant asserting small entity status. See 37 CFR 1.27 NOTE: If the application was previously under micro entity status, checking this box will be taken to be a notification of loss of entitlement to micro entity status. 0 Applicant changing to regular undiscounted fee status. NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro entity status, as applicable. NOTE: This form must be signed in accordance with 37 CFR 1.31and1.33. See 37 CFR 1.4 for signature requirements and certifications. Authorized Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Typed or printed name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Registration No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Page 2 of3 Ex. G-9 PTOL-85 Part B (10-13) Approved for use through 10/31/2013. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 78 UNITED STAIBS p AIBNT 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. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 EXAMINER 5073 7590 02/27/2018 BAKER BOTTS L.L.P. CHOI, YUK TING 2001 ROSS AVENUE SUITE 700 ART UNIT PAPER NUMBER DALLAS, TX 75201-2980 2153 DATE MAILED: 02/27/2018 Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (Applications filed on or after May 29, 2000) The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance. Section l(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process outlined in 37 CPR 1.705. Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200. Page 3 of 3 PTOL-85 (Rev. 02/11) Ex. G-10 78 OMB Clearance and PRA Burden Statement for PTOL-85 Part B The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and Budget approval before requesting most types of information from the public. When OMB approves an agency request to collect information from the public, OMB (i) provides a valid OMB Control Number and expiration date for the agency to display on the instrument that will be used to collect the information and (ii) requires the agency to inform the public about the OMB Control Number's legal significance in accordance with 5 CFR 1320.5(b). The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 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, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. 2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m). 5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. 6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)). 7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. 8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent. 9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation. Ex. G-11 78 Application No. Applicant(s) 15/016,662 RAD ET AL. Examiner Art Unit AIA (First Inventor to File) Notice of Allowability Status YUK TING CHOI 2153 No -- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-- Al I claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 1. ~This communication is responsive to 0112212018. DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___. 2. D 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. 3. ~The allowed claim(s) is/are 44.45.49.53.54 and 58. As a result of the allowed claim(s), 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 PPHfeedback@uspto.gov. 4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). Certified copies: a) D All b) D Some *c) D None of the: 1. D Certified copies of the priority documents have been received. 2. D Certified copies of the priority documents have been received in Application No. _ _ . 3. D 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)). * Certified copies not received: _ _ . Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted. D including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No./Mail Date _ _ . Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d). 6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. Attachment(s) 1. D Notice of References Cited (PT0-892) 5. ~ Examiner's Amendment/Comment 2. D Information Disclosure Statements (PTO/SB/08), 6. ~ Examiner's Statement of Reasons for Allowance Paper No./Mail Date _ _ 3. D Examiner's Comment Regarding Requirement for Deposit 7. D Other _ _ . of Biological Material 4. ~ Interview Summary (PT0-413), Paper No./Mail Date 20180212. /YUK TING CHOI/ Primary Examiner, Art Unit 2153 U.S. Patent and Trademark Office PTOL-37 (Rev. 08-13) Notice of Allowability Part of Paper No./Mail Date 20180212 Ex. G-12 78 Application/Control Number: 15/016,662 Page 2 Art Unit: 2153 DETAILED ACTION Response to Amendment 1. This office action is in response to applicant's communication filed on 01 /22/2018 in response to PTO Office Action mailed on 10/20/2017. The Applicant's remarks and amendments to the claims and/or the specification were considered with the results as follows. 2. In response to the last Office Action, claims 44, 49 and 54 have been amended. Claims 48, 52 and 57 are canceled. As a result, claims 44-47, 49-51, 53-56 and 58 are pending in this office action. EXAMINER'S AMENDMENT 3. An examiner's amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee. Authorization for this examiner's amendment was given in a telephone interview with Mr. Clarke W. Stravinoha on 02/12/2018. The application has been amended as follows: In the claim: 44. (Currently Amended) A method of navigating a user interface, comprising: Ex. G-13 78 Application/Control Number: 15/016,662 Page 3 Art Unit: 2153 presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information, the first item of information comprising a graphical representation of a first online dating profile associated with a first user. wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information, the positive preference indication associated with the first item of information comprising an expression of approval for the first user associated with the first online dating profile, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a right swiping direction associated with the gesture; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture, the second item of information comprising a graphical representation of a second online dating profile associated with a second user; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 46. (Cancelled) 47. (Cancelled) 49. (Currently Amended) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information, the first item of information comprising a graphical representation of a first online dating profile associated with a first user, wherein the Ex. G-14 78 Application/Control Number: 15/016,662 Page 4 Art Unit: 2153 interface is further operable to present the graphical representation of the first item of information of the plurality of items of information as a first card of a stack of cards; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information, the positive preference indication associated with the first item of information comprising an expression of approval for the first user associated with the first online dating profile, wherein the processor is further operable to detect a right swiping direction associated with the gesture; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture, the second item of information comprising a graphical representation of a second online dating profile associated with a second user; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Cancelled) 51. (Cancelled) 54. (Currently Amended) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information, the first item of information comprising a graphical representation of a first online dating profile associated with a first user.i Ex. G-15 78 Application/Control Number: 15/016,662 Page 5 Art Unit: 2153 wherein the plurality of instructions are configured to present the graphical representation of the first item of information of the plurality of items of information as a first card of a stack of cards; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information, the positive preference indication associated with the first item of information comprising an expression of approval for the first user associated with the first online dating profile. wherein the plurality of instructions are further configured to detect a right swiping direction associated with the gesture; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture, the second item of information comprising a graphical representation of a second online dating profile associated with a second user; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Cancelled) 56. (Cancelled) Reason for Allowance The following is an examiner's statement of reasons for allowance: The closest references cited in the record fail to anticipate or render obvious the recited features in the independent claims 44, 49 and 54. For example, the closest cited references do not explicitly teach detecting a right swiping direction gesture corresponding to a positive Ex. G-16 78 Application/Control Number: 15/016,662 Page 6 Art Unit: 2153 preference associated with a graphical representation of a first online dating profile associated with a first user; automatically presenting a graphical representing of a second dating profile associated with a second user in response to detecting the gesture and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture and as well as the previous intervening limitations in order to remove irrelevant entities to the searcher which costs the user of the service time. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reason for Allowance." Conclusion 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. 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 Ex. G-17 78 Application/Control Number: 15/016,662 Page 7 Art Unit: 2153 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 Ex. G-18 78 Application No. Applicant(s) 15/016,662 RAD ET AL. Examiner-Initiated Interview Summary Examiner Art Unit YUK TING CHOI 2153 All participants (applicant, applicant's representative, PTO personnel): (1) YUK TING CHOI. (3) _ _ . (2) Clark Starvinoha. (4) _ _ . Date of Interview: 211212018. Type: ~ Telephonic 0 Video Conference 0 Personal [copy given to: 0 applicant ~applicant's representative] Exhibit shown or demonstration conducted: 0 Yes ~No. If Yes, brief description: _ _ . Issues Discussed 01 01 0112 01 02 ~1 03 OOthers (For each of the checked box(es) above, please describe below the issue and detailed description of the discussion) Claim(s) discussed: 44. Identification of prior art discussed: NONE. Substance of Interview (For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc ...) The Examiner suggested Applicant to incorporate some of the important features in the claims to expedite the prosecution process. Applicant agreed and authorized the Examiner to make changes through the Examiner's Amendemnt. Applicant recordation instructions: It is not necessary for applicant to provide a separate record of the substance of interview. Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised. 0 Attachment /YUK TING CHOI/ Primary Examiner, Art Unit 2153 U.S. Patent and Trademark Office PTOL·413B (Rev. 8/11/2010) Interview Summary Paper No. 20180212 Ex. G-19 78 Application/Control No. Applicant(s)/Patent Under Reexamination Search Notes 15016662 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 CPC-SEARCHED Symbol I Date I Examiner H04L67/306 OR G06F17/30011 OR G06F17/3053 I 2/12/2018 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 * See search history printout included with this form or the SEARCH NOTES box below to determine the scope of the search. SEARCH NOTES Search Notes Date Examiner H04L67/306 OR G06F17/30011 OR G06F17/3053, see attached search 2/12/2018 history Google NPL Search 2/12/2018 YC East text search, see attached search history 2/12/2018 YC Assignee and Inventor search 2/12/2018 YC Counsulted Paul Rodriguez for 101 MQAS TC2100 4/25/2017 YC INTERFERENCE SEARCH US Class/ US Subclass I CPC Group Date Examiner CPC Svmbol H04L67/306 OR G06F17/30011 OR G06F17/3053, see 2/12/2018 YC attached search history /YUK TING CHOI/ Primary Examiner.Art Unit 2164 U.S. Patent and Trademark Office Ex. G-20 Part of Paper No.: 20180212 78 Bibliographic Data Application No: 15016662 Foreign Priority claimed: 0 Yes @No 35 USC 119 (a-d) conditions met: 0Yes ~~~~~~~~~~ ~No D Met After Allowance Verified and Acknowledged: Examiner's Signature Initials Title: IMatching Process System And Method FILING or 371(c) DATE CLASS GROUP ART UNIT ATTORNEY DOCKET NO. 02/05/2016 707 2153 083523.0117 RULE APPLICANTS Tinder, Inc., West Hollywood, CA, INVENTORS Sean Rad, Los Angeles, CA, UNITED STATES Jonathan Badeen, North Hollywood, CA, UNITED STATES CONTINUING DATA This application is a CON of 14059192 10/21/2013 PAT 9733811 14059192 has PRO of 61793866 03/15/2013 14059192 is a CIP of 1233930112/19/2008 PAT 8566327 FOREIGN APPLICATIONS IF REQUIRED, FOREIGN LICENSE GRANTED** 02/19/2016 STATE OR COUNTRY UNITED STATES ADDRESS BAKER BOTTS L.L.P. 2001 ROSS A VENUE SUITE 700 DALLAS, TX 75201-2980 UNITED STATES FILING FEE RECEIVED $1,600 Ex. G-21 EAST Search History 78 EAST Search History EAST Search History (Prior Art} IEJE:J1~:::::~::~~::r:~:::::::::::::::::::::::::::::::::::::::::::::::::::J1~:~::::::::::::::::::::J~;~~~~;]EJ~i;;~:::::::J I8223 ! 17 ! (present$3 display$3 provid$3) near20 i ! U&PGPUB; ! OR ! OFF 2018/02/12! I ! ! (profile user match person) same ! USPAT; ! ! l 14:35 ! I ! ! (approve approval deny disapproval ! USOCR; ! ! l ! I ! ! disapprove) near10 (button swip$5 ! FPRS; EPO; ! ! l ! I ! ! gesture) and (dating match social) ! JPO; ! ! l ! I ! ! near10 (network) AND ((H04L67/306 ! DERWENT; ! ! l ! i i !ORG06F17/30011 OR !IBM TDB i i i i I: jG06F17/3053).CPC.):: !: -: IS2'22"j 2"""""'"j ~~-i-~$3"~~~~-1'0"('~-i~-ht---i~t·t--d~-~-~--~-~-)""""'"j 'u&'ffiPUB~-----j OR"""""""""j OFF"""""i 2'()'1'8i'a'2/'1'2j i i ! near20 (remove$3 delet$3 rej ect$3) i USPAT · i i i 14 ·35 i I i ! near20 (item$3 profile$3 content$3 i USOCR· i i l. i I l ! media) AND ((H04L67/306 OR FPRS; EPO; l l l ! l I: !G06F17/300110RG06F17/3053).CPC.!JPO;:: l: i i i) i DERWENT· i i i i I_ _ _ _ _ _J ______________ __! ______________________________________________________________________________________ _J L!?~=I~-~---:__ J_ _ _ _ _ _ _ _ _ _ _ _J _________________J_ _ _ _ _ _ _ _ _ _ _ _ __! l~~~;;;w~~~~~~~~;:06 If~, IOR I~ 1;~1:~om2I Ex. G-22 EASTSearchHistory .150 l 6662_Accessible Version.htm[2/21/2018 4: 18:48 PM] EAST Search History 78 i USPAT· l 16:55: USOCR; ~ j FPRS; EPO; !,, lb~ENT; i I BM TDB,, I. i ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~::::~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ j swip$5 near20 like$3 loved (approv$5 interest$3) satisf$5 near20 (! U&PGPUB; USPAT; i,,',,',,',, OR ! profil$3 user$3) and (dating matching) ! USOCR; ! and (social) ! FPRS; EPO;: !JPO· I:DERWENT; !swip$5 near20 like$3 loved (approv$5 interest$3) satisf$5 near20 (li U&PGPUB· USPAT; ' !, ',,',,',, _OR ! profil$3 user$3) and (dating matching) ! USOCR; j j FPRS; EPO; j jJPO; i j DERWENT; ~Ol 2721:;1~t~~~~=!~~~;~~~f~~ofil$3 I~:; IOR I Cff I;~1:;021011, 1 !swip$5 same (approv$5 loved interest$3) profil$3 like$3 ! U&PGPUB; same (satisf$5 USPAT; 11~~~=·, i,,', ',,', _ OR, J I ! user$3) and (dating matching) ! USOCR; j j FPRS; EPO; j jJPO; i i DERWENT· i i IBM TDB, 8206 1 "15016662" and swip$5 U&PGPUB; OR OFF !2018/02/01 USPAT;: 14:48 USOCR; FPRS; EPO; JPO; DERWENT; I Ex. G-23 EASTSearchHistory .150 l 6662_Accessible Version.htm[2/21/2018 4: 18:48 PM] EAST Search History 78 2/21/2018 4:18:46 PM C:\ Users\ cchoi\ Documents\ EAST\ Workspaces\ 15016662_matching_process_system_and_method.wsp Ex. G-24 EASTSearchHistory .150 l 6662_Accessible Version.htm[2/21/2018 4: 18:48 PM] 78 Application/Control No. Applicant(s)/Patent Under Reexamination Issue Classification 15016662 RAD ET AL. Examiner Art Unit CAROL CHOI 2153 CPC Symbol Type Version G06F ii]] 3 IM 04842 F 2013-01-01 G06F ii]] 17 IM 30554 2013-01-01 G06F ii]] 17 IM 30657 2013-01-01 G06Q ii]] 10 IM 10 2013-01-01 G06Q ii]] 30 IM 02 2013-01-01 G06Q ii]] 50 Im 10 2013-01-01 G06Q i]]i 50 Im 01 2013-01-01 G06F i]]i 3 Im 0482 2013-01-01 G06F i]]i 3 Im 0488 2013-01-01 Im Im Im Im Im Im CPC Combination Sets Symbol Type Set Ranking Version NONE Total Claims Allowed: 6 (Assistant Examiner) (Date) /CAROL CHOI/ Primary Examiner.Art Unit 2153 02/12/2018 O.G. Print Claim(s) O.G. Print Figure (Primary Examiner) (Date) 44 Figs 6-9 U.S. Patent and Trademark Office Part of Paper No. 20180212 Ex. G-25 78 Application/Control No. Applicant(s)/Patent Under Reexamination Issue Classification 15016662 RAD ET AL. Examiner Art Unit CAROL CHOI 2153 US ORIGINAL CLASSIFICATION INTERNATIONAL CLASSIFICATION CLASS SUBCLASS CLAIMED NON-CLAIMED G 0 6 F 17 I 30 (2006.01.01) CROSS REFERENCE(S) CLASS SUBCLASS {ONE SUBCLASS PER BLOCK) NONE Total Claims Allowed: 6 (Assistant Examiner) (Date) /CAROL CHOI/ Primary Examiner.Art Unit 2153 02/12/2018 O.G. Print Claim(s) O.G. Print Figure (Primary Examiner) (Date) 44 Figs 6-9 U.S. Patent and Trademark Office Part of Paper No. 20180212 Ex. G-26 78 Application/Control No. Applicant(s)/Patent Under Reexamination Issue Classification 15016662 RAD ET AL. Examiner Art Unit CAROL CHOI 2153 D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47 Final Original Final Original Final Original Final Original Final Original Final Original Final Original Final Original 1 44 2 45 46 47 48 3 49 50 51 52 4 53 5 54 55 56 57 6 58 NONE Total Claims Allowed: 6 (Assistant Examiner) (Date) /CAROL CHOI/ Primary Examiner.Art Unit 2153 02/12/2018 O.G. Print Claim(s) O.G. Print Figure (Primary Examiner) (Date) 44 Figs 6-9 U.S. Patent and Trademark Office Part of Paper No. 20180212 Ex. G-27 78 PTOISB/30 (01-14) .<\ppr<Mlti for UBI> through ()7131120'16 OMB 055'·1Xl31 U.S. Pate,1; f.lr:<J Tr;,;rJr;rnflfk Offic;,, U.S. DEPARTMENT OF COMMERCE. t in.:-.t~.;(~~~f1 P.~:>tJfg:i....•{Jr,k ~~Hdu~:t§~~.~n l'.!".1 ~)~ ·18·~:~. n~:..< ~~~cif.~~ns· tn~i. ~i=inuit"~i ~:->::t<,sr:;:m~~LW is ~~;:.~il}-,f:fo.1n <.;f in~l-irfn~"J:fa1n {,m!f~$:s ll ~-:.:..xi:~:.=t~~l~'i ~~ vz~1i~1 t'J~~~t '.J~;. · ~r01. ~~'ltnt;·':'r .. ~#-''''~ -- ... >;> N' ~:.» >~N i':.m"''-'~ --~~~~~»~........... ""'"""T........................"""""""'.....~'-..,...,..,......,..y.,-_~v;;., Refqourest ./~PPE?~:~.1g:i.~!~.rnber __........... l~-~~~1 e_._~~~------------------------- ................................. Filing Date ''"''l"' 1<' "" 0"''' ',,-u.-:- Continued Exa mi nation (RC E) ~;~~~--~~~~~·-;·~~~-~~~-~--------·1;~~;;·~~~---------- ................................................... Transmittal ...........................................................)............................................................................... Ackifess to: Art Unit ~'153 Cont1rmation No. 9889 Mail Stop RCE ...........................................................1----------···························································---------- Comrnissioner for Patents Examiner Name i'·fok Ting Cho' P.O. Box 1450 ......... ..........................................t ............................................... ~ ~~--· .Alexandria, VA22313-1450 Ntonwv Docket Number ~W?;~>Z~'>.0117,, ~===~===""'"=~==· .. . ..... """""" ' '" . . ""-'"""" ' "_...,...,This is a Retiuai>tfor CQntl1)tled E~aininati~n {RGE) ull'Cler 37 CFR 1.114 of the ab(We-identifl~id ~f)pll£;~timi. l '""'"]" Requsst for·c~)~f~in:.:.H$~.; t~J~rnir:at.·lop;·.~RCE) prai..~~fr~~: under 37 (~i::;f.;:.. ·. J.:·'1:",14 ~:J.:.es net B:Jply to ~.my:Jttl~ty or plB~~:. ar;p!k:qti::i~ fl:i?d p:·k')~· te ..,kJr:~:1 8. 1995; ~c B:"·1·y ..... . i:i;;,r:iiltional;ipp:icat:on !hat dc'3s not cmnpy w•tt1 the require,11e:1;r; of 35 lJ.S.C 371, er tc B:1y design app:i·:at:or.. See lnstrudcr. Sheet for RCEo (r:r;t to be r;~b~it;r,rj tr; n1;, USPTO nn p;,g<31.) "1'~""""'s'~b~ ission reo uired"~d;·;~;-cfrrT1-,~'4)'Not~~~ th:· RCE i;; prope1~,:~~~;'vious:y ~ile:;;::~:·:~~:~~;;~~~::""" <irner\(frnents ~iri<.:f~iel'~<.t With th'~ HGf~~lffo'1°'info:r'i-;l(fh~ the order in whk:h they wem ii;ed unless app:icant iflstructs othe,,,vise. If app:ir.<inl doe& not wish to hive any previously filed unentered an1endmer:!(:>) f:nlr,rnd. applican! must request;ion-en!1y of such mr.endrnent(;;). F.i, !""""] Prev:ously submitted. If a firnil Office aclion is outstanding, any amer:rJments filed aflsr the final Ottlcf: aclk;n mr:y br, considered es a submisskm even if this box is not ctmcked. L Ccnsider lhe mgurrninis in the A.ppeai Brief or Reply Brief previously filed en ii, b. [2] Enclosed L,<\rnendrnenURepi>' HL CJ lnforrnatior: Disd::isure Statement (IDS) iL Nlidavit(s)/ Declaraticr.(s) !v. D Other ~-·-...........,,,,,,,,....................................................... 2, f"M·i~~~·i;~-~~~-~~-,1 ··:----y:::.·--····;s;;;;i~j;;sk:n of action on the above-identit1ed Bpplication is rnqur:sted unam 37 CFR 1 i03(c) for a ~. 1,.........,... psrk.xi of···············-~ rnonths. {Pe:·ici.i oi" .::;t;spen~kJ:1 $~i:a:; r:ot 0x(.f!fld 3 mcnt1"'i&; Fae:..mder:17 c1:1:.t ·~, 1 ?'{:; rGqt..=imd) b, LJ Olher ..,,,,,,........................,......................................................................~~~~~~~ 3. Th~;RCE fee under 37 CFR 1.17(e) is requi,ed by 37 CFR '1.114 when \hr: RCE is filed. The Director is hemtiy authorized to charge the fnllowir;g fees, any underpayment nf fees, or credi!;my overpaymr:nl:s, to Deposit Account No. _0_2_0_3_8_4_________ i. [?] RCE fee required under 37 CFR 1 17(e) [.... J ----~ lL Extension of time fee (37 CFR U36 ~r:rJ 1.17) iii. 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Any r;om1m,,,;s on the amaun! nf time ynu rnqu:r0 tc wmp:etri !'",is iorm Bnd/oJi su;mestlor;s for reducing thi3 bu,den. should be si;;r,t to !he Chiel lnfo•mmbn Officer. U,:;;, Pe;er:t and T'atian1:ork Offi<:r>, ll.S. Dr;p~rlm;,nt oi Ct;1111110'<'6, P.O. Bc7. i450, .U.l<ixBn,1:i<i, VA 22313-1460. DO NOT SEND FEES OR COMP'-.ETED !'ORMS TO 'i·l:S ADORESS, $ENO fO: M<1il $top ACE, C"mm!;;;;kmar for floi!j)nt!O, P.O. Box H:W, A!mrnndd:i, VA:.!:.!31l-1450. Jf yo!J need s,ssis~'7nGf! in completing fflfJ fo(m, coi! 1-800-PT0-9199 and .wdecf cpt!on 2, Ex. G-28 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.rn 17 USSN 15/016,662 l of 14 First Named lnve:ntor: Sean Rad Filed: February 5, 2016 Serial Number: 15/016,662 Group Art Unit 2153 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and Afetlwd Commissioner for Patents P.O. Box 1450 A lexandrfa, Virginia 223 U-1450 Dear Sir: Rcs[!om;e Accompanying Request for Continued Eumhrnfo:n:i ("RCE"} In response to the Final Office Action dated October 20, 2017 (the "Office Action"), and in connection v1hh a requested fbr continued examination ("RCE"), Applicant respectfuily requests the Examiner to reconsider the rejection of the claims in view of the following amendments and remarks. Please amend the application as follows. Ex. G-29 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 2of14 ~n JhiL£Iatm Claims 1-43 (Canceled) 44. (Currently Amended) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information, the fi:n;;t item of info:nnation comprising g_g.f~lphl.cHl n.'J?rNK~11tatkm !)f <;Ult~L~1!!lhHU1~~ting prnfl:fo ~wsi:~cfat~d ~iJJh <~ f:k:<itJ,!tH.~r; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information~ the positive _nreforen£!Li!!Ui£&1tQn,~S§Od{ated with the first item DJ..L~t!l!nmithm t.oni.~)d~•iitg,~l!Lt1€1t~I~lit!mL~t£.i~JWLm::aLfui· .th\~ tk~l m&r a~Q£l1~J.~tft1~d!!! the first onHne dating profile; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gt:sture,~,JlW ..f&fQmL!!f~m (?Il!lli!f1mili1.>~Cf'.c~1&!1!I!:!.!ltK"tLK!:~nlrk~~l. n~JU't'senfa~~~m. of~~. ('!~_fQKtQ.».!!li!lc q_~!timt. m:s~me a,1~E~f.J~rniLTI'.!!h..~.:~ti,:.fmd mH.~i·; and automatically removing the graphical representation of the first item of information from the graphical user interface Jn response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Clairn 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. Ex. G-30 78 A TTOR!'<'EY'S DOCKET PATENT APPLICATION 083523.0H7 USSN l 5/016,662 3of14 4 7, (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of inforrnatlon of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48, (CanceHecl) Ex. G-31 78 ATTORNEY'S DOCKET PATENT APPLICATION 083 523 JH 17 1JSSN 15i0J6,662 4of14 49. (Currently Amended) A system, cornprising: an interface operable to: present a graphical representation of a firsl item of information of a plurality of items of information, the first item of information cmnprising a gnmhical n~ ptl~~{~n t~~JJ&~1uKitfirn1-~~,!\Et!tJfa!!tmr_1~.rnfil{~ ~~ss~~(~int:ed w!_mJ~_Jl~:ItJ~~i~r:: a processor coupkd to the interface and operable to: detect a gesture associated '"'ith the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated '-Vith the first item of inforrnation.JJ!tJli~&!!h£.JH~f{T~1~'~~ lli~Jlrntfo~! as}li:1datN.L!Y!iltJhiUJ!~LH:rm of h1forn1•~th~,~L£W11tl!:!nJillL!H~ exRtt<i~hw n.f •i..n.rmrnil. ft>!:. ..i!tiUJJ:liLWW.:.L asMifhlkd with the firnt online dating nrnfik; store the positive preference indication associated Vlith the first item of information in:response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the pluralify of items of information in response to the processor detecting the gesture, Hs({__ltt~~!:~~..!5..LJ..t~tm ...r~f..JR~~~wrn1~tfou th~11pri;;.;fog {LgflU?Jlc!i:f!.I. . .rt.m:g~fTl:!i~JioJl of <~ second onHne dating Qrnfik a~rnodated with a second user; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is fmther operable to detect a swiping direction associated with the gesture. 5L (Previously Presented) The system of Claim 49, wherein the interface is further operabk to present the first item of information as a first card of a stack of cards. 52. (Cancdkd) Ex. G-32 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 CSSN 15/016,662 5of14 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that aH user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item ofinfbrmatfon. Ex. G-33 78 ATTOfu"lEY'S DOCKET PATENT APPLICATION 083523.0117 USSN l 5/016,662 6of14 54. (Currently Amended) At k:ast one non-transitory computer~readabk medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items ofinformationi the first item of information comprising ~1.&!:m!!tltt~.LrtPr~$(~nfatlon i:1f ~1 fk~Bm!J~t~__tlttH!~kU!f.!tFfo Hssm'fah~d with:i fit~!I~B&!z; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information$..;,tJw !JOSitive pref('H~lWf im:~g_~Iil&!tl!~'it1di~fod "!(ithJhti'fr~t l!!m .!~tLH!It~X!t!t~L!!Jn ('mupd~iiig ~n tX~)r(~~~imu:tLUIHntxalfo.Lths::JltlL~a5>('r assnci:~t~<L1Ylth !Jl~..JJl'St on.line dating lf fOfit~; store the positive preference indication associated wlth the first item of information in response to detecting the gesture; amomatically present, on the graphical user interface, a graphical representation of a second itern of information of the plurality of items of information in response to detecting the gesture.~t~iUmt-lWiLJ.t~!JL!!f iHf(it'fHHJion eMi:tm:t~Jn.K..tLKGWhi£f!l n~prc:wnfa~!i~1l of ~t second m1Hne dating profile associated with a second usc1·; and automatically remove the E,'TaphicaJ representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 560 (Previously Presented) The at least one non-transitory computer-readable medium of Clairn 54, wherein the plurality of instructions are configured to present the first item of information as a first c:ard of a stack of cards. 57. ((_:ancelled) Ex. G-34 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 7of14 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that aH user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated \Vith performing an action on the first item of information, Ex. G-35 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 8of14 11t~~:M:!~$~ This Application has been reviewed carefully in light of the Office Action. Applicant appreciates the Examiner's consideration of the Application. At the time of lhe Office Action, Claims 44~58 were pending. The Ofike Action rejects these claims. Although Applicant believes all claims are allowable without amendment, to advance prosecution Applicant has made clarifying amendments to Claims 44, 49, and 54, and has cancelled Claims 48, 52, and 57 without pr«_judice or disclaimer. At !east certain of these amendments are not considered narrowing, and none are considered necessary for patentability, Fmihermore, Applicant does not admit that these amendments or cancellations are necessitated by or made in response to any cited reference or combination of cited references. Applicant respectfully requests reconsideration and favorable action in this case. Reguest for Examiner Interview Tf the Examiner intends to issue a new Office Action in response to this submission, in the interest of compact and efficient prosecution, Applicant respectfully requests that the Examiner contact Applicant's attorney prior to issuing the new Office Action to discuss a possible resolution to any outstanding issues. Claim Rejections under 35 U.S.C, § 101 The Office Action rejeds Claims tltl-58 under 35 U.S.C. § l 01 as allegedly being directed w non-statutory sul::ject matter. Applicant respectfully disagrees, and discusses amended independent Clalm 44 as an ex.ample. Applicant's earlier responses have demonstrated that: (1) the claims are not directed to an abstract idea; (2) even if the claims are directed to an abstract idea ('v11hich they are not), the claims recite an inventive concept; and (3) that the Office Action has not established a prima facie case of ineligibility under 35 USC. § 101. See, e.g, Response filed with Request for Continued Examination filed April 20, 2017, Response Pursuant to 37 C.F.R § 1.111 filed August 22, 2017. To avoid burdening the record, Applicant incorporates by refermce the arguments set forth in Applicant's earlier responses with respect to the rejection under section 35 USC § 101. As described in more detail below, the rejection under 35 U .S.C. § 101 maintained by the Office Action remains deficient Ex. G-36 78 i"TTORNEY'S DOCKET PATENT APPUCATION 083523.0117 USSN 15/016,662 9 of l tJ 1. Ihg;J)ffice /-\g!i.Q!Lll£@__ng_t__~!?1~R_U.~h~-~Lth!ittbe claims are Q_t!:~-~t~fLtfLWJ §,R_~trn&J)de~ The rejection, and the O:t11ce Action's response to Applicant's previous arguments, fail w make up for the deficiencies identified by Applicant in its previous responses_ With respect to step l of the Alice analysis, the Office Action continues to oversimply the claims, vvhich are direcled to a specific technical improvement related to navigating a user interface, not the abstract idea of ''identi(ying related infrinnation and returning a. record after receiving a preforence response from a user," as alleged. Office Action at 6. This is the same kind of oversimplification that the Federal Circuit has cautioned against. See McRO, 337 F.3d at 1313 ("We have previously cautioned that courts "mu;:;t be careful to a.void oversimplifying the claims" by looking at them generally and failing to account for the specific requirements of the claims."). In response to Applicant's arguments regarding the Office Action's failure to establish a prima facie case of ineligibility, the Office Action suggests that "the examiner has met this burden by identifYing that the recited steps of the claim describe 'detecting ll gesture corresponding to a positive indication associated with the first item of infbrmation ... ' and explaining thllt this is an abstract idea that is not meaningfi.llly different than the abstract ideas drnvm to abstract concepts identified in Int. llentures;>_ Erie Indemnity Co." Office Action at 3. But this is not the case. .For the reasons explained in the Response Pursuant to 37 C. F.R. § l.111 filed August 22, 2017, the Office Action does not provide the requisite explanation to establish a prima fade case of ineligibility. S'ee USPTO May 4, 2016 Memorandum: Formulating a Sllbject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection, at 2 ("Memorandum") (noting that "[ w ]hen the examiner has determined the clairn recites an abstrn.ct idea, the rejection should identifv the abstract idea as it is recited (e.g., set forth or described) in lhe claim, a.nd i:'.0p_l;;ijn __\:Y.hY it corresponds to a. concept that the courts have identified as an abstract idea"). Merely stating that "[i]t ls similar to other concepts that have identified as abstract by the courts, such as remotely accessing and retrieving user-specified information in lnt. Ventures v. Erie Indemnity Co." is not a sufficient explanation to establish a prima facie case of ineligibility. Office Action at 6. The Office Action provides no explanation as tn how, in the context of a method of navigating a user interface, detecting a gesture corresponding to a Ex. G-37 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 CSSN 15/016,662 J 0of14 positive preforence indication associated with ihe first item of information" is not meaningfully different from "identif)'lng related information and returning a record after receiving a preference response from a user" or "accessing and retrieving user~spedfied information." Office Action at 6. Al a minimum, amended Claim 44 is meaningfully different at least because it recites "detecting a gesture," a concept that is notably absent from both the Office Action's articulation of the alleged abstract idea and its characterization ofthe decision in intellectual ·ventures v. Erie Indemnity Co., 850 F.3d 13 J5 (Fed. Cir. 2017). Thus, the Office Action's so~called explanation is nothing more than an unsupported, conclusory assettion that provides no analysis supporting any alleged similarities between the claims and concepts at issue here (navigating a user interface) and those at issl1e in intellectual Ventures. As previously explained, amended Claim 44 ls distinguishable from those in Intellectual Ventures, which related to "systems and methods for accessing a user's remotely stored data and files" (id at 1329), not an improved roethod for navigating a user interface as recited in amended Claim 44. That both claims recite an interface is insufficient to establish the similarity suggested (but not supported) by the OfTice Action, especially given that the claims at issue here relate to navigating a graphical user i'nterface and the Oflke Action has not demonstrated any analogous concept was present in the claims found ineligible in lntellectuol ·ventures. Compare id at 1330 (describing a representative claim containing a mobile interface) with amended Claim 44 (reciting a method of navigating a user interf-hce). As explained in the Response filed with Request for Continued Examination filed April 20, 201 7, the claims are more appropriately compared to those in Trading Techs. Int'!, inc. v. CQG, lnc., No 2016-1616, 2017 WL 192716, at *J-2 (Fed. Cir. Jan. 18, 2017). Thus, the Office Action h2_s not established a prima facie case that amended Claim 44 is directed to an abstract idea. The Office Action has not demonstratt:d that the claims do not recite an inventive concepl. Rather, the OfI1ce Action continues w rely on conclusory assertions and portions of Applicant's specification that describe existing network architectures and protocols which Applicant previously demonstrated are irrelevant to the analysis of whether the improved method of navigating a user interface of Claim 44 recites <rn inventive concept See Office Ex. G-38 78 A TTORl"lEY'S DOCKET PATENT APPLICATION 083523.0117 U SSN l 5/016,662 1 l of 14 Action at 3 (citing Applicant's U.S. Patent Publication 2016/0154569 ("Specification") at t~!0004-6), The Ofilce Action falls to consider, for ex.ample, Applicant's description of the problem that "search results of these services may contain many irrelevant entities to the searcher" and that "[t]his costs the user of the service time and may deter them from continuing through all of the search results." Specification at ~]fHi08. A.side from being unsuppo1ted, the Office Action's assertions that "the recited steps or acts e.g .... removing perform only basic generic computer/server data retrieval functions, which are common to all content service" ignores relevant disclosure in Applicant's specification that suggests at least this aspect of amended Claim 44 recites an inventive concept, both individually and when considered as an ordered combination. For example, Applicant's specification explains that automatically rernoving the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture is ''beneficial because it may focus user 14 on evaluating new entities rather than reevaluating previously-known entities because the entities still appear in result list Lt'' Applicant's Specification at iroo44. For at least this reason, the claims recite an inventive concept and are therefore patent-eligible. For at kast these reasons, amended Claim 44 is directed to patent-eligible subject matter, as are Claims 45-4 7 that depend therefrom. For at least ce1tain analogous reasons, amended Claims 49 and 54 are directed lo patent-eligible sutuect matter, as are their dependent claims, Applicant respectfully requests reconsideration and allmvance. Claim H.eieefams Under 35 U.S.C § 102 The Office Action rejects Claims 44-58 under 35 U.S.C. § 102(e) as aHegedly being anticipated by U.S. Patent Publication No. 2013/0179925 Al to Woods et al. ("liVoods"). 1 The Office Action also rejects Claims 48, 52, and 57 under 35 U.S.C. § J02(e) as being unpatentabk over JiVood~ in view of tLS. Patent Publication No. 2011 /0087974 Al to Kulus ("Ku/us"). 1 Applicant respectfully tn1verses these rejections and discusses amended 1 Although the Office Action purports to reject Claim 48 under 35 U.S.C. § 102 over Wood~ (see Office Action al 7), the Office Action does not actually articulate a bases for rejecting Claim 48 over ~Vood>. 1 Although the Office Action states that Claims 48, 52, and 57 are rejected under 35 U.S.C. § I02{e) as being tmpatentabk by Wood~ and Kulus, the Office Action appears to contemplate a rejection under 35 U.S.C. § 103c Applicant respectfolly requests appropriate clarification of the ground of rejection. Ex. G-39 78 A TTORc'fEY'S DOCKET PA TENT APPLICATION 083523.0117 USSN 15/016,662 12of14 independent CJaim,:14 as an example. At a minimum, IiVoods does not disclose, teach, or suggest "presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of iterns of information, the first item of information comprising a graphical .representation of a first online dating profile associated with a flrst user," as recited in amended Claim 44. The Office Action does not allege that vVood~ discloses these features of amended CJaim 44. Moreover, Woods does not disclose these features of amended Claim 44. As allegedly disclosing the claimed "first item of information," the Office Action relies on disclosure in Woods relating to the determination and display of related content. See Office Action at 7~8 (citing VVoods at 9'110077~ 79). The cited portion discloses that "[rJelated content region 550 may display representations of the list of content related to first media asset 510 that matches a profile associated with the user." Woods at 'f0079. The mere disclosure of displaying a list of related content, however, does not disclose ''presenting, on a graphical user interface, a graphical representation of a first item of information. . . the first Item of information comprising a graphical representation of a first ouline dating profile associated with a .first user," as recited in amended Claim 44. At least because FVoods does not disclose "presenting, on a graphical user interface, a graphical representation of a fin;t item of information of a plurality of items of infimnation, the first item of information comprising a graphical representation of a first online dating profile associated wHh a first user,'' it follows that i.Yoods also does not disclose: "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated 'With the first item t~f i!~fimnation, the positive preforence indication associated with the first item of il~formution comprising an e;xp.ression of approval for the first u,<;e.r associated with the first anline dating profile," "storing the positive preference indication associated with the jlrst item of infornwtion in response to detecting the gesture," and "automatically removing the graphical representation of the first item '~f information from the graphical user interface in response to detecting the gesture," as recited in amended Claim 44. Moreover, at ieast because rVoods does not disclose displaying graphical representations of a profile, let alone "a grapbica l representation of a second online dating profile associated with a second user," Woods also fails to disclose "automatically presenting, on the graphical user interface, a Ex. G-40 78 ATTORNEYS DOCKET PATENT APPLICATION 083523.0117 lJSSN 15/016,662 J 3of14 graphica.l representation of a second it;;;rn of inti.m:nation of the plurality of items of information in response to detecting the gesture, the second item of information comprising a graphical representation of a second online dating profile associated with a second user," as recited in amended CJaim 44. Thus, $Foods does not disclose every foature of amended Claim 44, and therefore does not anticipate the claim. See M.P.E.P. § 213 l ("A claim is antidpated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single. art re f'erence.,,.) (c1tmg pnor. ..,. ' v·eraegaa l bros. ~. r· . Uu v. '"Jmon. ...,""' co. (?;·.!'("Jhljornw, 1 •• . 814 F'.-«-id b"2-'l:l, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987)). For m least these reasons, amended Claim 44 is allo>vvab!e, as are Claims <15-48 that depend therefrom. For at least certain analogous reasons, Claims 49 and 54 are allowable, together with their dependent claims. Applicant respectfully requests reconsideration and allowance. Regucst for Evidentiary Support Should a rejection based on any of the above asserted rejections be maintained, Applicant respectfully requests appropriate evidentiary support. For example, if the Examiner is relying on alleged "common knowledge," alleged ''lvell known" principles, "Official Notice," or other information within tbe Examiner's personal knowledge, Applicant respectfully reque;;ts that the Examiner cite a reforence as documentary evidence in support of this position or provide an affidavit. See NLP.E.P. § 2144.03 and 37 C.f,R. § L104(d)(2). NP Waiver Applicant's argument;; and amendments are made without prejudice or disclaimeL By not responding to additional statements made by the Examiner, Applicant does not acquiesce to the additional statements. The distinctions between the applied references and the claims are provided as examples only and are sufficient to overcome the rejections. Applicant reserves the right to discuss additional or other distinctions in a iater response or on appeal, if appropriate. Ex. G-41 78 ATTORNEY'S DOCKET PATENT AP PUCA TION 083523.01J7 USSN 15/016,662 14of14 fonclusiora: Applicant has made an earnest attempt to place this case in condition for allowance_ For at least the above reasons, Applicant respectfully requests foll allowance of all pending claims. If a telephone conference vvmdd advance prosecution of this Application, the Examiner may contact Clarke \V, Stavinoha, Attorney for Applicant, at 214.953.6484. The Examiner may also communicate with Clarke Stavinoha concerning this Application by electronic mail at clarke.stavinoha(rifo<!_kfJQ_Q.tl~,-~9m. As indicated on the accompanying RCE Transmittal form, the Commissioner is authorized to charge the amount of $1,900 for the RCE foe to Deposit Account No. 02-0384 of Baker Botts L.L.P. Although Applicants believe no other fees are due, the Commissioner is authorized to charge any necessary additional foes and credit any overpayments to Deposit Account No_ 02-0384 of Baker Botts LLP. Respectfully submitted, BAKER BOTTS LLP. Attorneys for Applicant Clarke W. Stavinoha Reg. No. 71,152 Telephone: 214.953.6484 Date; ___:;:J:,:'.:·:'.~·;,'L\J), •.) u i{ i,, Correspondence Address: Customer No: 05073 36718265 Ex. G-42 78 Electronic Patent Application Fee Transmittal Application Number: 15016662 Filing Date: 05-Feb-2016 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Filer: Clarke W. Stavinoha/Laurie Scott Attorney Docket Number: 083523.0117 Filed as Large Entity Filing Fees for Utility under 35 USC 111 (a) Sub-Total in Description Fee Code Quantity Amount USO($) Basic Filing: Pages: Claims: Miscellaneous-Filing: Petition: Patent-Appeals-and-Interference: Post-Allowance-and-Post-Issuance: Extension-of-Time: Ex. G-43 78 Sub-Total in Description Fee Code Quantity Amount USO($) Miscellaneous: RCE- 2ND AND SUBSEQUENT REQUEST 1820 1 1900 1900 Total in USO($) 1900 Ex. G-44 78 Electronic Acknowledgement Receipt EFSID: 31569558 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Clarke W. Stavinoha/Laurie Scott Filer Authorized By: Clarke W. Stavinoha Attorney Docket Number: 083523.0117 Receipt Date: 22-JAN-2018 Filing Date: 05-FEB-2016 Time Stamp: 16:25:13 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment yes Payment Type DA Payment was successfully received in RAM $1900 RAM confirmation Number 0123181NTEFSW00003740020384 Deposit Account 020384 Authorized User Laurie Scott The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: 37 CFR 1.16 (National application filing, search, and examination fees) 37 CFR 1.17 (Patent application and reexamination processing fees) Ex. G-45 Case 37 CFR 1.19 6:18-cv-00080-ADA-JCM (Document supply fees) Document 30-12 Filed 10/11/18 Page 47 of 278 37 CFR 1.20 (Post Issuance fees) 37 CFR 1.21 (Miscellaneous fees and charges) File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 117574 Request for Continued Examination 0835230117RCETrans012218. 1 no 1 (RCE) PDF f7 ee 2a5 d e4 919cfbd 6 79e5 b9 3ea9 379ebfcd bfa2 Warnings: This is not a USPTO supplied RCE SB30 form. Information: 726021 0835230117RCEAmend012218. 2 yes 14 PDF 5564ce7306bfc33b6e 793090941627ed96d 63dff Multipart Description/PDF files in .zip description Document Description Start End Amendment Submitted/Entered with Filing of CPA/RCE 1 1 Claims 2 7 Applicant Arguments/Remarks Made in an Amendment 8 14 Warnings: Information: 30568 3 Fee Worksheet (SB06) fee-info.pdf no 2 0575820ab0c2c4a 1 de48Sda0d967692f69f, 323e Warnings: Information: Total Files Size (in bytes) 874163 Ex. 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TOTAL APPLICATION AS AMENDED - PART II (Column 1) (Column 2) (Column 3) CLAIMS HIGHEST REMAINING NUMBER f-- 01/22/2018 AFTER PREVIOUSLY PRESENT EXTRA RATE($) ADDITIONAL FEE($) z AMENDMENT PAID FOR w Total:;:;;: 1.16(j)) (37 CFR * 12 Minus ** 20 = 0 x $100 = 0 0 Independent z (37 CFR 1 .16(h)) * 3 Minus ***3 = 0 x $460 = 0 w:;:;;: <(D Application Size Fee (37 CFR 1.16(s)) D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) TOTAL ADD'L FEE 0 (Column 1) (Column 2) (Column 3) CLAIMS HIGHEST REMAINING NUMBER PRESENT EXTRA RATE($) ADDITIONAL FEE($) AFTER PREVIOUSLY AMENDMENT PAID FOR f-- z Total (37 CFR * Minus ** = x $ = w 1.16(i)):;:;;: Independent 0 (37 CFR 1 .16(h)) * Minus *** = x $ = z D Application Size Fee (37 CFR 1.16(s)) w:;:;;: <(D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) TOTAL ADD'L FEE * If the entry in column 1 is less than the entry in column 2, write "O" in column 3. LIE **If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20". MYRTLE LEIGH *** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of 1nformat1on 1s required by 37 CFR 1.16. The 1nformat1on 1s required to obtain or retain a benefit by the public which 1s to file (and by the US PTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 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 SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, ca/11-800-PT0-9199 and select option 2. Ex. G-48 78 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. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 5073 7590 10/20/2017 EXAMINER BAKER BOTTS L.L.P. 2001 ROSS AVENUE CHOI, YUK TING SUITE 700 DALLAS, TX 75201-2980 ART UNIT PAPER NUMBER 2153 NOTIFICATION DATE DELIVERY MODE 10/20/2017 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) Ex. G-49 Case 6:18-cv-00080-ADA-JCM Document 30-12 Filed 10/11/18Applicant(s) Application No. Page 51 of 278 15/016,662 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 812212017. 0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _ _. 2a)~ This action is FINAL. 2b)0 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) 44-58 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) 44-58 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) 0 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) Paper No(s)/Mail Date _ _ . 4) 0 Other: _ _ . U.S. Patent and Trademark Office PTOL-326 (Rev. 11-13) Office Action Summary Ex. G-50 Part of Paper No./Mail Date 20170922 78 Application/Control Number: 15/016,662 Page 2 Art Unit: 2153 DETAILED ACTION Response to Amendment 1. This office action is in response to applicant's communication filed on 08/21 /2017 in response to PTO Office Action mailed on 05/22/2016. The Applicant's remarks and amendments to the claims and/or the specification were considered with the results as follows. 2. In response to the last Office Action, no claims have been amended, added or canceled. As a result, claims 44-58 are pending in this office action. Response to Arguments 3. Applicant's arguments with respect to 35 USC 101 rejections have been fully considered but are not persuasive and details are as follows: a) Applicant's argument with respect to 101 rejection states as "The claims are not directed to an abstract because the office Action's reformation of the alleged abstract idea still fails to account for 'detecting a gesture' and that the remaining steps are performed 'in response to detecting the gesture' ". In response to Applicant's argument, the Examiner disagrees because the broadest reasonable interpretation to the claimed "detecting a gesture" is merely detecting an user input/response associated with a piece of object or data and the broadest reasonable interpretation to the claimed "the gesture corresponding to a positive preference indication associated with the first item of information" is merely describing a response/feedback to an item/object from a user. The remaining steps such as storing the positive preference indication, presenting a second item of information and removing the first item of information are performed 'in response to detecting the gesture". The recited method does not include additional elements beyond the abstract idea of remotely accessing and retrieving user specified information that Ex. G-51 78 Application/Control Number: 15/016,662 Page 3 Art Unit: 2153 have identified as abstract by the courts [Int. Ventures v. Erie Indemnity Co.] Also in view of Applicant's specification (See PGPUB, para. [0004]-para. [0006]), the recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to online-search service networking systems such as job search services, person finding services, real estate services or online-dating services. These network protocols/ function steps are well-understood, routine and convention activity to match people/object having similar traits and values. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of remotely accessing and retrieving user-specified information. As mentioned in the previous office action mailed on 05/22/2017, in order to establish that a claim is directed to an abstract idea, the Examiner provides a reasoned rationale that identifies the concept recited in the claim and explains why it is considered an abstract idea. This can be done by comparing the recited concept to concepts courts have found to be abstract ideas. In this hypothetical, the examiner met this burden by identifying that the recited steps of the claim describe "detecting a gesture corresponding to a positive indication associated with the first item of information ... " and explaining that this is an abstract idea that is not meaningfully different than the abstract ideas drawn to abstract concepts identified in Int. Ventures v. Erie Indemnity Co. Therefore, the Examiner's burden has been met and a proper prima facie case has been made. At last, preemption is not a standalone test for patent eligibility. Applicant's attempt to show alternative uses of the abstract idea outside the scope of the claims does not change the conclusion that the claims are directed to patent ineligible subject matter. Similarly, Applicant's attempt to show that the recited abstract idea is a narrow and specific one is not persuasive. A specific abstract idea is still an abstract idea and is not eligible for patent protection without Ex. G-52 78 Application/Control Number: 15/016,662 Page 4 Art Unit: 2153 signification more recited in the claim. The questions of preemption are inherent in the two-part framework from Alice Corp and Mayo and are resolved by using two-part framework to distinguish between preemptive claims, and those that integrate the building blocks into something more ... the latter pose no comparable risk of preemption, and therefore remain eligible." The absence of complete preemption does not guarantee the claim is eligible. Therefore "[w]here a patent's claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot". Ariosa Diagnostics, INC, v. Sequenom, Inc. 788 F.3d 1371, 1379 (Fed.Cir.2015). See also OIP Tech., Inc. v, Amazon.com, Inc. 788 F.3d 1359, 1362-63 (Fed Cir. 2015). Hence, the 35 USC 101 rejections are maintained. b) Applicant's argument with respect to 35 USC 103 rejections for claims 44-58 have been fully considered but are not persuasive and the details are as follow: Applicant's argument with respect to claim 44 states as "Woods does not disclose, teach or suggest that the user gesture corresponds to a positive preference indication associated with the first item of information ... the user gestures in Wood are merely used for sliding the related content current being displayed off the display region so that the related content of another type can be displayed ... Woods fails to disclose a positive preference indication associated with the first item of information presented on the graphical user interface". In response to Applicant's argument, the Examiner disagrees because the claim language as it is recited does not specify what is the first item of information and/or a positive preference indication and the Examiner interpreted the first item of information is the first displayed media content and the positive preference indication is a response/feedback with Ex. G-53 78 Application/Control Number: 15/016,662 Page 5 Art Unit: 2153 respect to the displayed media item. Woods discloses "detecting a gesture associated with the graphical representation of the first item of information" since the Woods reference discloses receiving a user gesture, e.g. a user swipes along a right direction associated with the displayed media content, the displayed media content which is related to an audio type is the first item of information. Woods also discloses "the gesture corresponding to a positive preference indication associated with the first item of information" since the Woods reference is receiving a gesture corresponding to a positive preference indication when the system receives a user swipes along a right direction associated with the first displayed audio content, the user swipes along a right direction associated with the first displayed audio content to turn on the video type of media content. In response to the user gesture/feedback, the system retrieves and displays related video content in place of the displayed audio media content (See Woods, para. [0099], para. [0119], para. [0120] and Figure 11). Therefore, the Woods reference still read on the argued feature. Applicant further argues "Woods does not disclose storing the positive preference indication associated with the first item of information in response to detecting the gesture". In response to Applicant's argument, the Examiner disagrees because the Woods reference discloses storing a user profile indicates user viewing history which includes a list of the media content items that the user has previously accessed for a predetermined length of time. The user profiles also stores user interests/preferences [e.g. users prefers video type of content] regarding on the displayed audio type of media content (See Woods, [0033] and para. [0076]). Therefore, the Woods reference still read on the argued feature. Claim Rejections - 35 USC § 101 4. 35 U.S.C. 101 reads as follows: Ex. G-54 78 Application/Control Number: 15/016,662 Page 6 Art Unit: 2153 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 44-58 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In claim 44, a "method" is being recited. The claim is directed to a method includes a series of steps or acts for presenting a graphical representation of a first item of information; detecting a gesture associated with the graphical representation of the first item of information, storing the positive preference indication associated with the first item of information in response to detect the gesture and automatically presenting a graphical representation of a second item of information in response to detecting the gesture. In other words, the claim recites identifying related information and returning a record after receiving a preference response from a user. It is similar to other concepts that have identified as abstract by the courts, such as remotely accessing and retrieving user-specified information in Int. Ventures v. Erie Indemnity Co. The additional step automatically removing the graphical representation of the first item of information in response to detect the gestures the abstract idea, but do not make it less abstract. The claim does not include additional elements beyond the abstract idea of identify related information and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record. Therefore, claim 44 is not patent eligible. Claims 45-48 do not Ex. G-55 78 Application/Control Number: 15/016,662 Page 7 Art Unit: 2153 have additional elements add significantly more to the abstract idea of data retrieval of a record. Thus, claims 44-48 are not patent eligible. Claims 49 and 54 recited similar features as recited in claims 44, therefore claims 50-53 and 55-58 also do not have additional elements add significantly more to the abstract idea of data retrieval of a record, and they are not patent eligible. Claim Rejections - 35 USC § 102 5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless - (e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21 (2) of such treaty in the English language. 6. Claims 44-58 are rejected under 35 U.S.C. 102(e) as being anticipated by Woods (US 2013/0179925A1), hereinafter Woods. Referring to claims 44, 49 and 54, Woods discloses a method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of Ex. G-56 78 Application/Control Number: 15/016,662 Page 8 Art Unit: 2153 information of a plurality of items of information (See para. [0077]-para. [0079] and Figure 5 displaying an media asset from a list of media assets that matches a profile associated with an user); detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information (See para. [0099] and para. [0118], para. [0120], receiving a user gesture [e.g. a swipe along a right direction] associated with the displayed media content/asset that is of an audio type, the gesture represents a positive preference [e.g. turns on video type] associated with the displayed audio content/asset); storing the positive preference indication associated with the first item of information in response to detecting the gesture (See para. [0033] and para, [0076], monitoring and storing the media content/asset the user has accessed, the user profile includes a viewing history associated with the user which includes a list of the media assets the user previously accessed for a predetermined length of time, for example, the user profile stores user interests/preferences [e.g. user prefers video type] regarding on the displayed media content/asset that is of the audio type); automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture (See para. [0118] and para. [0120], presenting related content of a second type [e.g. video] in response to the received user gesture [e.g. swipe along a right direction]); and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture (See para. [0118] -para. [0120], removing the media content/asset of the first type [e.g. audio] which is Ex. G-57 78 Application/Control Number: 15/016,662 Page 9 Art Unit: 2153 previously displayed and replacing the removed content of with related media content/asset of the second type [e.g. video]). As to claims 45, 53 and 58, Woods discloses wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information (See para. [0097]- para. [0099] and para. [0118]-para. [0120], presenting interface controls such as navigation keys [e.g. up, down, left, right] and swipe gestures [e.g. swipe along a left, right, up and down direction] on the displayed media content/asset to cause another media content/asset to be displayed). As to claims 46, 50 and 55, Woods discloses wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture (See para. [0099] and para. [0118], receiving a user gesture [e.g. a swipe along a left direction] associated with the displayed media content/asset that is of a video type, the gesture represents user prefers an audio type of media content/asset). As to claims 47, 51 and 56, Woods discloses presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards (See para. [0075], compiling a list of the identified content that shares characteristics with the displayed media asset, the displayed media asset is currently available at the top of the list); Ex. G-58 78 Application/Control Number: 15/016,662 Page 1O Art Unit: 2153 7. Claims 48, 52 and 57 are rejected under 35 U.S.C. 102(e) as being unpatentable by Woods (US 2013/0179925 A1) and in view of Kulus (US 2011/0087974 A1). As to claims 48, 52, and 57, Woods discloses the first item of information comprises a first user profile (See para. [0044], the first media content/asset that is displayed comprises characteristics of a matched profile of a user); the second item of information comprises a second user (See para. [0044] and para. [0076], the second media content/asset that is displayed comprises characteristics of match profile of another user, such as a friend of the user). Woods does not explicitly disclose the positive preference indication associated with the first item of information comprises an expression of approval. Kulas discloses the positive preference indication associated with the first item of information comprises an expression of approval (See para. [0027], the user swipes right or up to indicate approval of an item). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch-screen movement detection module of Woods 's system to comprise: the gesture corresponding to a positive preference indication associated with the first item of information, as taught by Kulas, in order to obtain user's state of mind, concurrently or in association with an operation of a user control in a more reliable way (See Kulas, para. [0002] and para. [0004]). Conclusion Ex. G-59 78 Application/Control Number: 15/016,662 Page 11 Art Unit: 2153 8. THIS ACTION IS MADE FINAL. 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 extension fee 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 date of this final action. 9. 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. 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. 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. Ex. G-60 78 Application/Control Number: 15/016,662 Page 12 Art Unit: 2153 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 Ex. G-61 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11/14/2016 04/25/2017 09/22/2017 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.: 20170922 Ex. G-62 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11/14/2016 04/25/2017 09/22/2017 37 - - - - 38 - - - - 39 - - - - 40 - - - - 41 - - - - 42 - - - - 43 - - - - 44,/,/,/,/ 45,/,/,/,/ 46,/,/,/,/ 47,/,/,/,/ 48,/,/,/,/ 49,/,/,/,/ 50,/,/,/,/ 51,/,/,/,/ 52,/,/,/,/ 53,/,/,/,/ 54,/,/,/,/ 55,/,/,/,/ 56,/,/,/,/ 57,/,/,/,/ 58,/,/,/,/ U.S. Patent and Trademark Office Part of Paper No.: 20170922 Ex. G-63 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 1of16 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE First Named Inventor: Sean Rad Filed: February 5, 2016 Serial Number: 15/016,662 Group Art Unit: 2153 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and Method Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 Dear Sir: Response Pursuant to 37 C.F.R. § 1.111 In response to the Non-Final Office Action dated May 22, 2017 (the "Office Action"), Applicant respectfully requests the Examiner to reconsider the rejection of the claims in view of the following remarks. 35679369 Ex. G-64 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 2of16 In the Claim Claims 1-43 (Canceled) 44. (Previously Presented) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. 35679369 Ex. G-65 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 3of16 47. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Previously Presented) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35679369 Ex. G-66 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 4of16 49. (Previously Presented) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is further operable to detect a swiping direction associated with the gesture. 51. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present the first item of information as a first card of a stack of cards. 52. (Previously Presented) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35679369 Ex. G-67 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 5of16 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 35679369 Ex. G-68 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 6of16 54. (Previously Presented) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. 57. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35679369 Ex. G-69 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 7of16 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 35679369 Ex. G-70 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 8of16 REMARKS This Application has been reviewed carefully in light of the Office Action. Applicant appreciates the Examiner's consideration of the Application. At the time of the Office Action, Claims 44-58 were pending. The Office Action rejects these claims. Applicant respectfully submits that all pending claims are allowable without amendment, and requests reconsideration and favorable action in this case in view of the following remarks. Request for Examiner Interview If the Examiner intends to issue a new Office Action in response to this submission, in the interest of compact and efficient prosecution, Applicant respectfully requests that the Examiner contact Applicant's attorney prior to issuing the new Office Action to discuss a possible resolution to any outstanding issues. Claim Rejections under 35 U.S.C. § 101 The Office Action rejects Claims 44-58 under 35 U.S.C. § 101 as allegedly being directed to non-statutory subject matter. Applicant respectfully disagrees, and discusses independent Claim 44 as an example. A. The Claims Recite Patent-Eligible Subject Matter In Applicant's Response filed with Request for Continued Examination filed April 20, 2017 (the "Previous Response"), Applicant explained that, contrary to the Office Action's assertions, Claim 44 is not directed to the abstract idea of "identifying related information and returning a record in response to user's response." See Previous Response at 8-13. Rather, an appropriate analysis of the claims (i.e., one that does not "oversimplify[] the claims by looking at them generally and failing to account for the specific requirements of the claims") demonstrates that Claim 44 is directed to a particular solution to navigating a user interface. See McRo, Inc. v. Bandai Namco Games Am. Inc., No. 2015-1080, 2016 WL 4896481, at *7. Applicant further explained that even if the claims are directed to such an abstract idea (which they are not), the claims recite an inventive concept, and highlighted deficiencies in the Office Action's reasoning at step 2 (e.g., failing to articulate why the individual elements of the claims do not give rise to an inventive concept or adequately 35679369 Ex. G-71 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 9of16 address the inventive concept contained in the combination of claim elements other than making precisely the same conclusory statements). Id. at 13-17. For analogous reasons to those explained in the Previous Response, the claims are patent-eligible. This is true despite the Office Action's reformulation of the alleged abstract idea and misplaced reliance on a new case and portions of Applicant's specification. 1. The claims are not directed to an abstract idea With respect to the Office Action's analysis at step 1, Applicant's note that the Office Action relies on a different statement of the alleged abstract idea, now contending that the claims are directed to "identifying related information and returning a record after receiving a preference response from a user." Office Action at 5. Even as rephrased, the Office Action's analysis suffers from the same deficiencies described in the Previous Response. At a minimum, the Office Action oversimplifies the claims and fails to account for their specific requirements. Claim 44 recites a method of navigating a user interface, including: • presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; • detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • storing the positive preference indication associated with the first item of information in response to detecting the gesture; • automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. As just one example, the Office Action's reformulation of the alleged abstract idea still fails to account for "detecting a gesture" and that the remaining steps are performed "in response to detecting the gesture." This is the same kind of oversimplification that the Federal Circuit has cautioned against. See McRO, 837 F.3d at 1313 ("We have previously cautioned that 35679369 Ex. G-72 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 10of16 courts "must be careful to avoid oversimplifying the claims" by looking at them generally and failing to account for the specific requirements of the claims."). In response to Applicant's previous arguments, the Office Action asserts that the burden of showing the claims are directed to an abstract idea can be met "by comparing the recited concept to concepts courts have found to be abstract." Office Action at 3. Even if true, the Office Action has not met this burden. The Office Action alleges that "the [E]xaminer met this burden by identifying that the recited steps of the claim describe 'detecting a gesture corresponding to a positive indication associated with the first item of information ... ' and explaining that this is an abstract idea that is not meaningfully different than the abstract ideas drawn to abstract concepts identified in Int. Ventures v. Erie Indemnity Co. Therefore the Examiner's burden has been met and a proper prima facie case has been made." Office Action at 3. But this is incorrect. The US PTO notes that "[w ]hen the examiner has determined the claim recites an abstract idea, the rejection should identify the abstract idea as it is recited (e.g., set forth or described) in the claim, and explain why it corresponds to a concept that the courts have identified as an abstract idea." USPTO May 4, 2016 Memorandum: Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection, at 2 ("Memorandum"). The Office Action here does not provide the requisite explanation. The Office Action relies for the first time on Intellectual Ventures v. Erie Indemnity Co., 850 F.3d 1315 (Fed. Cir. 2017), as a purported example of similar claims that a court has found directed to an abstract idea. The Office Action, however, provides no analysis or explanation supporting any alleged similarities between the claims and concepts at issue here and those in Intellectual Ventures. See Office Action at 5. Rather, the Office Action relies on a single conclusory statement that the alleged abstract idea is "similar to other concepts that have identified as abstract by the courts, such as remotely accessing and retrieving user-specified information in Int. Ventures v. Erie Indemnity Co." Office Action at 5. When citing to a decision in a § 101 rejection, the USPTO has cautioned that "Examiners should ... ensure that the rejection is reasonably tied to the facts of the case and ... avoid relying upon language taken out of context." Memorandum at 3. That is not the case here, as Claim 44 is distinguishable from those in Intellectual Ventures. It appears as 35679369 Ex. G-73 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 11 of 16 though the Office Action relies on the court's discussion of the '002 Patent in Intellectual Ventures, which related to "systems and methods for accessing a user's remotely stored data and files." Id at 1329. The representative claim in that case recited: 40. A system for storing and accessing user specific resources and information, the system comprising: a network for accessing the user specific resources and information stored in a network server; and a local device communicating with the network and having a local memory and a mobile interface, wherein the local memory also includes user specific resources and information, and the mobile interface includes pointers corresponding to the user specific resources and information that are stored either on the local device or the network server, wherein the pointers provide links to access the corresponding user specific resources and information. Id. at 1330. "In other words, the claimed invention is directed to a "mobile interface" on a user's device that is capable of accessing the user's data stored anywhere, whether on the user's device or elsewhere on a remote network server." Id. This is not analogous to Claim 44, which relates to a particular technological improvement in the area of navigating user interfaces. At best, the claims both 'recite an interface. That commonality alone, however, does not mean that Claim 44 is directed to similar concepts as those found patent ineligible in Intellectual Ventures. As explained in the Previous Response, the claims are more appropriately compared to those in Trading Techs. Int'/, Inc. v. CQG, Inc., No 2016-1616, 2017 WL 192716, at *1-2 (Fed. Cir. Jan. 18, 2017). 2. The claims recite an inventive concept As explained in the Previous Response, Claim 44 recites an inventive concept. In support of its contrary position, the Office Action's analysis at step 2 relies on portions of Applicant's specification as allegedly supporting its contention that the recited steps "perform only basic generic computer/server data retrieval functions." Office Action at 2-3. The cited portions of Applicant's specification, however, do not support that conclusion. The cited portions state that: [0004] Networking architectures have grown increasingly complex in communications environments. In recent years, a series of protocols and configurations have been developed in order to accommodate a diverse group of end users having various networking needs. Many of these architectures have gained significant notoriety because they can offer the 35679369 Ex. G-74 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 12of16 benefits of automation, convenience, management, and enhanced consumer selections. [0005] Certain network protocols may be used in order to allow an end user to conduct an on-line search of candidates to fill a given vacancy. These protocols may relate to job searches, person finding services, real estate searches, or on-line dating. While some believe that on-line dating is simply a matter of matching supply and demand, there is statistical and empirical evidence to suggest that successful on-line dating entails far more. [0006] For example, people having similar and/or compatible character traits and values should be matched together. However, effectively linking two participants together can prove to be a challenging endeavor. Coordinating a relationship bet\veen two like-minded individuals can be a significant chore, as there are a number of obstacles and barriers that must be overcome. Published Specification at ~~ 0004-0006 (emphasis added). The Office Action alleges that "[t]hese network protocols/function steps are well-understood, routine and convention[al] activity to match people/object having similar traits and values." Office Action at 3. None of the description of "network protocols" or "protocols and configurations" in the cited portion, however, describe navigating a user interface, let alone suggest that the particular method of navigating a user interface recited in Claim 44 is generic or well-understood, routine, or conventional activity. 3. Lack of preemption evidences that the claims are directed to patent- eligible subject matter Finally, the Federal Circuit has explained that "[t]he concern underlying the exceptions to§ 101 is ... preemption." McRO, 837 F.3d at 1315. Even if preemption is not a "standalone test for patent eligibility" as the Office Action contends, here it is yet another factor that demonstrates the eligibility of Claim 44. Even assuming that Claim 44 may involve "identifying related information and returning a record after receiving a preference response from a user" at a high level of generality, this does not render Claim 44 ineligible because it is not directed to "identifying related information and returning a record after receiving a preference response from a user" in the abstract. See Alice Corp. Pty. v. CLS Bank Int'!, 134 S. Ct. 2347, 2354 (2014) ("[a]t some level, all inventions embody, use, reflect, rest upon, or apply ... abstract ideas. Thus an invention is not rendered ineligible for patent simply because it involves an abstract concept"). Said another way, the specific form of 35679369 Ex. G-75 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 13of16 navigating a user interface is not a "long prevalent" or "well-understood" technique that one of skill in the art would recognize. Thus, Claim 44 does not raise the concerns regarding pre- emption that the Supreme Court articulated in Alice. B. Conclusion For at least these reasons, Claim 44 is directed to patent-eligible subject matter, as are Claims 45-48 that depend therefrom. For at least certain analogous reasons, Claims 49 and 54 are directed to patent-eligible subject matter, as are their dependent claims. Applicant respectfully requests reconsideration and allowance. Claim Rejections Under 35 U.S.C. § 102 The Office Action rejects Claims 44-47, 49-51, 53-56 and 58 under 35 U.S.C. § 102(e) as allegedly being anticipated by U.S. Patent Publication No. 2013/0179925 Al to Woods et al. ("Woods"). The Office Action also rejects Claims 48, 52, and 57 under 35 U.S.C. § 102(e) as being unpatentable over Woods in view of U.S. Patent Publication No. 2011/0087974 Al to Kulus ("Kulus"). Applicant respectfully traverses these rejections and discusses independent Claim 44 as an example. At a minimum, Woods does not disclose "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information," as recited in Claim 44. The Office Action alleges that Woods discloses "receiving a user gesture [e.g. a swipe along a right direction] associated with the displayed media content/asset that is of an audio type, the gesture represents a positive preference [e.g. turns on video type] associated with the displayed audio content/asset." Office Action at 7. Applicant respectfully disagrees. The Office Action equates the claimed "graphical representation of the first item of information" to "representations of the list of content related to first media asset 510 that matches a profile associated with the user" and, in particular, related content of an "audio type." Office Action at 6-7 (citing Woods at 'if'il 0079, 0120). As allegedly disclosing the claimed "detecting a gesture associated with the graphical representation of the first item of information," the Office Action relies on disclosure in Woods that "multiple types of related content may be displayed at a time" and that "[i]n response to receiving a user gesture (e.g., a 35679369 Ex. G-76 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 14 of 16 swipe along a right direction), control circuitry 304 of second screen device 1120 may slide the related content of the second type (e.g., audio) off display region 1150 and slide back into display region 1150 related content of the first type (e.g., video). Id. at~~ 0118, 0120. Even assuming that the "list of content related to first media asset 51 O" and the "user gesture" described in Woods could be equated to the claimed "detecting a gesture associated with the graphical representation of the first item," the Office Action's assertion that "the gesture represents a positive preference" is conclusory and unsupported. Woods does not disclose, teach, or suggest that the user gesture corresponds "to a positive preference indication associated with the first item of information." Rather, the user gestures in Wood are merely used for "sliding the related content" currently being displayed off the display region so that related content of another type can be displayed. See id. at~~ 0118, 0120. Even assuming, for the sake of argument only, that a gesture resulting in changing the displayed content from audio to video could be equated to a positive preference for video type as the Office Action alleges, it would still fail to disclose "a positive preference indication associated with the first item of information" presented on the graphical user interface (which the Office Action equates to the related content of an audio type). See Office Action at 7. At least because Woods fails to disclose "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information," Woods also fails to disclose "storing the positive preference indication associated with the first item of information in response to detecting the gesture," as recited in Claim 44. Moreover, the cited portions merely disclose that "[t]he media guidance application may, for example, monitor the content the user accesses and/or other interactions the user may have with the guidance application." Woods at ~ 0033. The general disclosure of monitoring accessed content or other interactions the user may have does not disclose "storing the positive preference indication associated with the first item of information in response to detecting the gesture," as recited in Claim 44. Thus, Woods does not disclose every feature of Claim 44, and therefore does not anticipate the claim. See M.P.E.P. § 2131 ("A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single 35679369 Ex. G-77 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 15 of 16 prior art reference.") (citing Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987)). The Office Action does not allege that Ku/us makes up for the above-described deficiencies of Woods. For at least these reasons, Claim 44 is allowable, as are Claims 45-48 that depend therefrom. For at least certain analogous reasons, Claims 49 and 54 are allowable, together with their dependent claims. Applicant respectfully requests reconsideration and allowance. Request for Evidentiary Support Should a rejection based on any of the above asserted rejections be maintained, Applicant respectfully requests appropriate evidentiary support. For example, if the Examiner is relying on alleged "common knowledge," alleged "well known" principles, "Official Notice," or other information within the Examiner's personal knowledge, Applicant respectfully requests that the Examiner cite a reference as documentary evidence in support of this position or provide an affidavit. See M.P.E.P. § 2144.03 and 37 C.F.R. § l.104(d)(2). No Waiver Applicant's arguments and amendments are made without prejudice or disclaimer. By not responding to additional statements made by the Examiner, Applicant does not acquiesce to the additional statements. The distinctions between the applied references and the claims are provided as examples only and are sufficient to overcome the rejections. Applicant reserves the right to discuss additional or other distinctions in a later response or on appeal, if appropriate. 35679369 Ex. G-78 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 16of16 Conclusion Applicant has made an earnest attempt to place this case in condition for allowance. For at least the above reasons, Applicant respectfully requests full allowance of all pending claims. If a telephone conference would advance prosecution of this Application, the Examiner may contact Clarke W. Stavinoha, Attorney for Applicant, at 214.953.6484. The Examiner may also communicate with Clarke Stavinoha concerning this Application by electronic mail at clarke.stavinoha@bakerbotts.com. Although Applicant believes no fees are due, the Commissioner is authorized to charge any necessary fees and credit any overpayments to Deposit Account No. 02-0384 of Baker Botts L.L. P. Respectfully submitted, BAKER BOTTS L.L.P. Attorneys for Applicant Clarke W. Stavinoha Reg. No. 71,152 Telephone: 214.953.6484 Date: Awj"'H ll, lo 17 Correspondence Address: Customer No: 05073 35679369 Ex. G-79 78 Electronic Acknowledgement Receipt EFSID: 30149739 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Clarke W. Stavinoha/Laurie Scott Filer Authorized By: Clarke W. Stavinoha Attorney Docket Number: 083523.0117 Receipt Date: 22-AUG-2017 Filing Date: 05-FEB-2016 Time Stamp: 15:18:05 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment no I File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 679400 0835230117RespNFOA082217. 1 yes 16 PDF 99b0 baef3 9e3 5 6a2346f3 2a b7f3 d e3 877 b3 f5a8 Ex. G-80 Case 6:18-cv-00080-ADA-JCM Document Multipart 30-12 files Description/PDF Filed 10/11/18 in .zip Page 82 of 278 description Document Description Start End Amendment/Req. Reconsideration-After Non-Final Reject 1 1 Claims 2 7 Applicant Arguments/Remarks Made in an Amendment 8 16 Warnings: Information: Total Files Size (in bytes) 679400 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. 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CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 5073 7590 05/22/2017 EXAMINER BAKER BOTTS L.L.P. 2001 ROSS AVENUE CHOI, YUK TING SUITE 700 DALLAS, TX 75201-2980 ART UNIT PAPER NUMBER 2153 NOTIFICATION DATE DELIVERY MODE 05/22/2017 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) Ex. G-83 Case 6:18-cv-00080-ADA-JCM Document 30-12 Filed 10/11/18Applicant(s) Application No. Page 85 of 278 15/016,662 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 412012017. 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) 44-58 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) 44-58 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 Ex. G-84 Part of Paper No./Mail Date 20170424 78 Application/Control Number: 15/016,662 Page 2 Art Unit: 2153 DETAILED ACTION Response to Amendment 1. This office action is in response to applicant's communication filed on 04/20/2017 in response to PTO Office Action mailed 11/21/2016. The Applicant's remarks and amendments to the claims and/or the specification were considered with the results as follows. 2. In response to the last Office Action, no claims have been amended, added or canceled. As a result, claims 44-58 are pending in this office action. Response to Arguments 3. Applicant's arguments with respect to 35 USC 101 rejections have been fully considered but are not persuasive and details are as follows: Applicant's argument with respect to 101 rejection states as "The claims are patent- eligible because they are not directed to an abstract idea, but rather a specific solution for "navigating a user interface" by responding in multiple distinct ways to a particularized "gesture" that is associated with graphical representation and corresponds to a positive preference indication ... The claims are patent-eligible because they contain inventive concepts when conserved as an ordered combination with other claim elements ... Claim 44 does not seek to tie up any abstract idea such that others cannot practice it". In response to Applicant's argument, the Examiner disagrees because detecting the claimed "preference indication" is just receiving a preference response from a user and the recited method does not include additional elements beyond the abstract idea of remotely accessing and retrieving user specified information identify related information that have identified as abstract by the courts [Int. Ventures v. Erie Indemnity Co.]. Also in view of Applicant's specification (See PGPUB, para. [0004]-para. [0006]), the recited steps or acts e.g. Ex. G-85 78 Application/Control Number: 15/016,662 Page 3 Art Unit: 2153 detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to on line-search service networking systems such as job search services, person finding services, real estate services or online-dating services. These network protocols/ function steps are well-understood, routine and convention activity to match people/object having similar traits and values. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of remotely accessing and retrieving user-specified information. In addition, in order to establish that a claim is directed to an abstract idea, the Examiner provides a reasoned rationale that identifies the concept recited in the claim and explains why it is considered an abstract idea. This can be done by comparing the recited concept to concepts courts have found to be abstract ideas. In this hypothetical, the examiner met this burden by identifying that the recited steps of the claim describe "detecting a gesture corresponding to a positive indication associated with the first item of information ... " and explaining that this is an abstract idea that is not meaningfully different than the abstract ideas drawn to abstract concepts identified in Int. Ventures v. Erie Indemnity Co. Therefore, the Examiner's burden has been met and a proper prima facie case has been made. At last, preemption is not a standalone test for patent eligibility. Applicant's attempt to show alternative uses of the abstract idea outside the scope of the claims does not change the conclusion that the claims are directed to patent ineligible subject matter. Similarly, Applicant's attempt to show that the recited abstract idea is a narrow and specific one is not persuasive. A specific abstract idea is still an abstract idea and is not eligible for patent protection without signification more recited in the claim. The questions of preemption are inherent in the two-part framework from Alice Corp and Mayo and are resolved by using two-part framework to distinguish between preemptive claims, and those that integrate the building blocks into Ex. G-86 78 Application/Control Number: 15/016,662 Page 4 Art Unit: 2153 something more ... the latter pose no comparable risk of preemption, and therefore remain eligible." The absence of complete preemption does not guarantee the claim is eligible. Therefore "[w]here a patent's claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot". Ariosa Diagnostics, INC, v. Sequenom, Inc. 788 F.3d 1371, 1379 (Fed.Cir.2015). See also OIP Tech., Inc. v, Amazon.com, Inc. 788 F.3d 1359, 1362-63 (Fed Cir. 2015). Hence, the 35 USC 101 rejections are maintained. Applicant's argument with respect to 35 USC 103 rejections for claims 44-58 have been fully considered but are moot in view of the new ground(s) of rejection. Applicant argues "The claimed technology was invented prior to August 6, 2012". In response to Applicant's argument, after reviewing Applicant's Affidavit's Exhibit C document which is filed on 04/20/2017, the Examiner believes Applicant has shown enough evidence to indicate that the claimed invention was invented prior to August 6, 2012. To advance prosecution, the Examiner has incorporated a newly cited reference to teach the claimed invention. Claim Rejections - 35 USC § 101 4. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Ex. G-87 78 Application/Control Number: 15/016,662 Page 5 Art Unit: 2153 Claims 44-58 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In claim 44, a "method" is being recited. The claim is directed to a method includes a series of steps or acts for presenting a graphical representation of a first item of information; detecting a gesture associated with the graphical representation of the first item of information, storing the positive preference indication associated with the first item of information in response to detect the gesture and automatically presenting a graphical representation of a second item of information in response to detecting the gesture. In other words, the claim recites identifying related information and returning a record after receiving a preference response from a user. It is similar to other concepts that have identified as abstract by the courts, such as remotely accessing and retrieving user-specified information in Int. Ventures v. Erie Indemnity Co. The additional step automatically removing the graphical representation of the first item of information in response to detect the gestures the abstract idea, but do not make it less abstract. The claim does not include additional elements beyond the abstract idea of identify related information and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record. Therefore, claim 44 is not patent eligible. Claims 45-48 do not have additional elements add significantly more to the abstract idea of data retrieval of a record. Thus, claims 44-48 are not patent eligible. Claims 49 and 54 recited similar features as recited in claims 44, therefore claims 50-53 and 55-58 also do not have additional elements add Ex. G-88 78 Application/Control Number: 15/016,662 Page 6 Art Unit: 2153 significantly more to the abstract idea of data retrieval of a record, and they are not patent eligible. Claim Rejections - 35 USC § 102 5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless - (e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21 (2) of such treaty in the English language. 6. Claims 44-58 are rejected under 35 U.S.C. 102(e) as being anticipated by Woods (US 2013/0179925A1), hereinafter Woods. Referring to claims 44, 49 and 54, Woods discloses a method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information (See para. [0077]-para. [0079] and Figure 5 displaying an media asset from a list of media assets that matches a profile associated with an user); Ex. G-89 78 Application/Control Number: 15/016,662 Page 7 Art Unit: 2153 detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information (See para. [0099] and para. [0118], para. [0120], receiving a user gesture [e.g. a swipe along a right direction] associated with the displayed media content/asset that is of an audio type, the gesture represents a positive preference [e.g. turns on video type] associated with the displayed audio content/asset); storing the positive preference indication associated with the first item of information in response to detecting the gesture (See para. [0033] and para, [0076], monitoring and storing the media content/asset the user has accessed, the user profile includes a viewing history associated with the user which includes a list of the media assets the user previously accessed for a predetermined length of time, for example, the user profile stores user interests/preferences [e.g. user prefers video type] regarding on the displayed media content/asset that is of the audio type); automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture (See para. [0118] and para. [0120], presenting related content of a second type [e.g. video] in response to the received user gesture [e.g. swipe along a right direction]); and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture (See para. [0118] -para. [0120], removing the media content/asset of the first type [e.g. audio] which is previously displayed and replacing the removed content of with related media content/asset of the second type [e.g. video]). Ex. G-90 78 Application/Control Number: 15/016,662 Page 8 Art Unit: 2153 As to claims 45, 53 and 58, Woods discloses wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information (See para. [0097]- para. [0099] and para. [0118]-para. [0120], presenting interface controls such as navigation keys [e.g. up, down, left, right] and swipe gestures [e.g. swipe along a left, right, up and down direction] on the displayed media content/asset to cause another media content/asset to be displayed). As to claims 46, 50 and 55, Woods discloses wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture (See para. [0099] and para. [0118], receiving a user gesture [e.g. a swipe along a left direction] associated with the displayed media content/asset that is of a video type, the gesture represents user prefers an audio type of media content/asset). As to claims 47, 51 and 56, Woods discloses presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards (See para. [0075], compiling a list of the identified content that shares characteristics with the displayed media asset, the displayed media asset is currently available at the top of the list); Ex. G-91 78 Application/Control Number: 15/016,662 Page 9 Art Unit: 2153 7. Claims 48, 52 and 57 are rejected under 35 U.S.C. 102(e) as being unpatentable by Woods (US 2013/0179925 A1) and in view of Kulus (US 2011/0087974 A1). As to claims 48, 52, and 57, Woods discloses the first item of information comprises a first user profile (See para. [0044], the first media content/asset that is displayed comprises characteristics of a matched profile of a user); the second item of information comprises a second user (See para. [0044] and para. [0076], the second media content/asset that is displayed comprises characteristics of match profile of another user, such as a friend of the user). Woods does not explicitly disclose the positive preference indication associated with the first item of information comprises an expression of approval. Kulas discloses the positive preference indication associated with the first item of information comprises an expression of approval (See para. [0027], the user swipes right or up to indicate approval of an item). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch-screen movement detection module of Woods 's system to comprise: the gesture corresponding to a positive preference indication associated with the first item of information, as taught by Kulas, in order to obtain user's state of mind, concurrently or in association with an operation of a user control in a more reliable way (See Kulas, para. [0002] and para. [0004]). Ex. G-92 78 Application/Control Number: 15/016,662 Page 1O Art Unit: 2153 8. 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. 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. 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. Ex. G-93 78 Application/Control Number: 15/016,662 Page 11 Art Unit: 2153 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 Ex. G-94 78 Application/Control No. Applicant(s)/Patent Under Reexamination 15/016,662 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-2011/0087974 A1 04-2011 Kulas; Charles J. G06 F3/04812 715/760 * B US-2013/0179925 A 1 07-2013 Woods; Thomas Steven H04N21 /42209 725/42 c US- D US- 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. 20170424 Ex. G-95 78 Application/Control No. Applicant(s)/Patent Under Reexamination Search Notes 15016662 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 CPC-SEARCHED Symbol I Date I Examiner H04L67/306 OR G06F17/30011 OR G06F17/3053 I 7/19/2016 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 H04L67/306 OR G06F17/30011 OR G06F17/3053 and East Text Search, 7/19/2016 YC see attached search history Google NPL Search 4/18/2017 YC East text search, see attached search history 4/25/2017 YC IDS Search and Assignee 7/19/2016 YC Co unsuited Paul Rodriguez for 101 MQAS TC2100 4/25/2017 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 Ex. G-96 Part of Paper No.: 20170424 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11/14/2016 04/25/2017 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.: 20170424 Ex. G-97 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11/14/2016 04/25/2017 37 - - - 38 - - - 39 - - - 40 - - - 41 - - - 42 - - - 43 - - - 44,/,/,/ 45,/,/,/ 46,/,/,/ 47,/,/,/ 48,/,/,/ 49,/,/,/ 50,/,/,/ 51,/,/,/ 52,/,/,/ 53,/,/,/ 54,/,/,/ 55,/,/,/ 56,/,/,/ 57,/,/,/ 58,/,/,/ U.S. Patent and Trademark Office Part of Paper No.: 20170424 Ex. G-98 EAST Search History 78 EAST Search History EAST Search History (Prior Art} 11;:'.]e:i~:J1~:::~::~~:::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::]f I81 !~ 15/016662 I ~~:::::::::::::::::::::J~;~~~~;]EJ~i;;~:::::::J U&PGPUB;: OR: OFF \ 2016/07/18! I I i I U8PAT· i i i 09'40 i I I I I~~R~PO- I I I. I I I I I~~~ENT, I I I I l=.1~ !82 4 """"""""""""""""""""""""""""""""""""""""""""""..! !"12339301" ~~=!Q.~...'.....) """"""""""".) """""""".) """""""""""""' !.. !U&PGPUB; !OR !OFF !2016/07/18! I ! I U8PAT; i i ! 10: 45 i I i Ii I USOCR; i FPR8· EPO·:;:; I':: I I l~~~ENT;, I I I I I-.......... ..........J............................................................................................. .! ~-§~=I_g_§.........J.........................! .................J ...........................! ISJ 21 I~;p~B; I~~~:;01118! l~RffiJ; "14059192" I,,,',,, OR I,,,',,, OFF I I I i LJ-~__j__J___j:-~ ' IS4 91 !person) (present$3) samenear10 (profile (approve match approval IU8PAT; U&PGPUB; l,',,',,',,_ OR l,',,',,',,_ OFF 08:47 07/ 19!! i 2016/ I !disapproval disapprove gesture) and I USOCR; i i I ! (dating match social) near10 (network) IFPR8; EPO;,.'I. ··'I I I l~~WENT; I S5 I 13 \ (present$3) near10 (next second) near10 I !.§~=I.Q§ I=.""""""!'"""""""""""""""""""""""""""""""""""""""""""""""! _______) """"""""""""'!! """"""""' U&PGPUB; ! OR OFF """""""""""""! --!\ 2016/ 07/ 19! I I ! (profile match person) same (approve I U8PAT; ! ! ! 09:25 ! I I ! approval disapproval disapprove gesture) I USOCR; ! ! ! ! I I ! and (dating match social) near10 I FPR8; EPO; ! ! ! ! I I !(network) I JPO; i i i i IJ I S6 I 5 I\ (present$3) near10 (next second) near10 l~~~~T,J I U&PGPUB; j OR Jj OFF ! \ 2016/ 07/ 19j, I I i (profile user match person) same I U8PAT; ! ! \ 09:27 ! I I ! (approve approval disapproval I USOCR; ! ! ! ! I I ! disapprove) near10 (button swip$5 I FPR8; EPO; ! ! ! ! I I ! gesture) and (dating match social) IJPO; ! ! ! ! I I ! near10 (network) I DERWENT; ! ! ! ! I...........I ............! ~~~ !..~-~=!Q.~__________ j """"""""""""_] " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " J·.---~~~---,,~~~---,,~~~ " " " " " " " " " . . !. .---~~----,1 """"""""""""'_] II 87 I 14 !\ (present$3 display$3 (next second) near10 provid$3) match II U&PGPUB; near10 (profile user U8PAT; OR OFF 09:27 07/ 19!! i 2016/ l,',,',,', _ l,',,',,', _ I I !person) same (approve approval IUSOCR; i i II II !i disapproval disapprove) near10 (button I FPR8; EPO; swip$5 gesture) and (dating match IJPO;,.·' . ···'I I I !social) near10 (network) I DERWENT;,,;, I........J """""j !.§~=-:r._g_§_________j """""""""""".: """"""""'...! """"""""""""'.: """"""""""""""""""""""""""""""""""""""""""""""..! 1rss If 164 ll(present$3 display$3 provid$3) near20 lfU&PGPUB; lfOR lfOFF 112016/07/191 Ex. G-99 EASTSearchHistory, 150 l 6662_Accessible Version.htm[ 412512017 3:05:36 PM] EAST Search History 78 ! (profile user match person) same I U8PAT; i 09:28 !(approve approval disapproval I USOCR; i !i disapprove) near10 (button swip$5 gesture) and (dating match social) Ii JPO; FPR8; EPO;,,,,'',,,''I ! near10 (network) ~ I DERWENT; ~ ........J~ ..............................................................................................!!..~~=I~-~----------L........................L.................-3 ..........................! m 181 ! (present$3 display$3 provid$3) near20 I U&PGPUB; ! OR ! OFF !2016/07/19! ! (profile user match person) same I U8PAT; ! ! !09:29 ! ! (approve approval deny disapproval I USOCR; ! ! ! ! !disapprove) near10 (button swip$5 I FPR8; EPO; ! ! ! ! i gesture) and (dating match social) i JPO; ! ! i ! ! near10 (network) IDERWENT; ! ! ! ! \ I I BM TDB i i i i '81'()" ~ (~;~~~~t$3"cii~~l~~-$3"~'~~~ici'$3)"'~'~~;2·c;--------1 u&ffiPuB';"""'i OR"""""""""i OFF"""""i 2o1'6/'o?/'1'9'i ! (profile user match person) same I U8PAT; ! ! !09:29 ! ! ((approve approval deny disapproval I USOCR; ! ! ! ! !disapprove) near10 (button swip$5 I FPR8; EPO; ! ! ! ! !gesture)) and (dating match social) I JPO; ! ! ! ! ! near10 (network) I DERWENT; ! ! ! ! ~~~~~~~~~~~· \ ~~~~~~~~~~~~' I. I BM_TDB ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ i i ~~~~~~~~~~~~~~~~~~~~~~~~~ \ ~~~~~~~~~~~~~~~~~~~' i ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ' ! 811 I 184 \ (profile$3 (present$3user$3 display$3 match$2 provid$3) person$3) near20 I U&PGPUB; U8PAT; OR OFF i 2016/ 09:35 07/ 19!! l,',,',,',,_ l,',,',,',,_ I ! same ((approve approval deny I USOCR; i i II !\ disapproval swip$5 gesture)) disapprove) and (dating near10 match(button I FPR8; EPO; I JPO;,,,,'',,,,I .. ·······'I I !social) near10 (network) I DERWENT; ________ j~ ____________________________________________________________________________________________ __! !..~~=I~-~----------L ........................ L.................-3 ..........................! 812 14 ! (present$3 display$3 provid$3 load$3 I U&PGPUB; ! OR ! OFF !2016/07/19! ! retriev$3) near5 (next second plurality) I U8PAT; ! ! !09:36 ! ! near20 (profile$3 user$3 match$2 I USOCR; ! ! ! ! !person$3) same ((approve approval deny I FPR8; EPO; ! ! ! ! i disapproval disapprove) near10 (button i JPO; ! ! i ! !swip$5 gesture)) and (dating match IDERWENT; ! ! ! ! !social) near10 (network) I BM_TDB !1 ! ! ! s;3 ~!!~i~!~;i~;~:~~~(~l,P~~:~:~~~it~~; I~~~s; near20 (profile$3 user$3 match$2 I USOCR; !,,,',,,',,, OR I,,',,',,· oFF_ _ _ _ _ i ~~~i~c;11·1·9·ii l !\disapproval person$3) same ((approve disapprove) approval near10 deny II JPO; (button FPR8; EPO;,,,'',,,,I .. ·······'I !swip$5 gesture)) I DERWENT; i I I BM TDB ' ':~~~~~~~~~~· ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~::::::::::~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ' 814 135 i retriev$3) (present$3near5 ! display$3 provid$3 (profile$3 load$3 user$3 I U&PGPUB; U8PAT; l,',,',,',,_ OR l,',,',,',,_ OFF i 2016/07/19! 09:37 ! ! match$2 person$3) same ((approve I USOCR; i i !!approval deny disapproval disapprove) near10 (button swip$5 gesture)) and II JPO; FPR8; EPO;,,'',,,,I .. ······'! \(dating match social) near10 (network) I DERWENT; \ =""""""'."""""""""""""""""""""""""""""""""""""""""""""""""""""="""""""""':""""""""""""':"""""""""''.""""""""""""": I I BM TDB i i ! i 815 4 \"20140040368" IU&PGPUB; !OR !OFF \2016/07/19! \ I U8PAT; i i i 10:04 i I IFPR8· USOCR;:: I':' i I i ' IJPO;, EPO· i DERWENT, ': i ': i I ~:i ! ~""""""'"""""""""""""""""""""""""""""""""""""""""""""""'"""'"=""""""""""'""""""""""""''"""""""""''"""""""""""""'' i 1 BM TDB, i i ! i 816 832 \ "6480885" "7917448" "8060463" U&PGPUB; OR OFF i 2016/07/19! ! "20050021750" "20060059147" U8PAT; l 10:05 i "20060085419" ! USOCR; ! j i ~ FPR8·' EPO·' i~ i: ! JPO; ! j \ DERWENT; \ i ~ ~ l Ex. G-100 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 412512017 3:05:36 PM] EAST Search History 78 Ex. G-101 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 412512017 3:05:36 PM] EAST Search History 78 IL_____JL______JL_________________________________________________________________________________________Jl!_§~=I_g§_________JL_____________________J________________JL________________________: 18321! "13804045" and swiping IU&PGPUB; ! OR ! OFF !2016/07/19! i \ i USPAT; i i \ 10:39 i I I IUSOCR; FPRS· EPO·: ': ' I':' i I i i I i i IJPO;, i DERWENT,i; i; I' i: I ! I 1BM_TDB, !~.------------:""""""""""""""""""""""""""""""""""""""""""""""":·"""""""""""""""'.""""""""""""'.""""""""'":"""""""""""""'.:: I: I833 I 201 \ (add$3 populat$3 stor$3) near20 I U&PGPUB; j OR j OFF \ 2016/07/19! I I ! (favor$3) near10 list and (remov$3 I USPAT; ! ! !10:40 ! I I i delet$3) near20 (search) near5 result I USOCR; ! ! \ ! i i i i FPRS· EPO· i i i i I I I I~~~ENT, I I I I l=.1~ 226 ! (add$3 populat$3 stor$3) near20 I834 """"""""""""""""""""""""""""""""""""""""""""""..! ~~=!g_~..:.......i! """""""""""...! !.. I U&PGPUB; OR ! OFF """"""""""""..! """""""""..!!2016/07/19! I ! (favor$3) and (remov$3 delet$3) near20 I USPAT; ! ! !10:40 ! I ! (search) near5 result I USOCR; ! ! ! ! i i i FPRS· EPO· i i i i I I l~~~ENT;, I I I I I"""'"' ~ """"""""""""""""""""""""""""""""""""""""""""""j ~-§~=I_g§........,J """"""""""""_: """"""""'j """""""""""""_: ' I II 835 1 !\ (favor$3) same (remov$3 (add$3 populat$3 delet$3) stor$3) near20 II U&PGPUB; USPAT; OR OFF !i 2016/07/19! 10:41: lnear20(sear~)n~r5r~ult I~~·, l,',,',,', _ l,',,',,', _ I.......... J ~~~ ' I836 I 17 !\ (favorite) (add$3 populat$3 stor$3) near20 same ((remov$3 delet$3) I U&PGPUB; USPAT; l,',,',,',,_ OR l,',,',,',,_ OFF i 2016/07/19! 10:41 ! I I ! near20 result) I USOCR; i i II II I i II ~~WENT; FPRS; EPO;,.···'I ···'I .. l=.1~. """"""""""""""""""""""""""""""""""""""""""""""..! 17 ! (add$3 populat$3 stor$3) near20 I837 ~~=!g.~""""'j! """""""""""".: !.. I U&PGPUB; OR """""""""J!2016/07/19! ! OFF """"""""""""'.: I ! (favorite liked) same ((remov$3 delet$3) I USPAT; ! ! !10:44 ! I ! near20 result) I USOCR; ! ! ! ! i i i FPRS· EPO· i i i i 1....,,,,,,, I J~~~T.'J J,,,,,,,,,,,,,,,,,,,I j rs1~13/804045 I~;;,~B; I~~\6~07/191 l~RffiJ; and stor$3 I,,',,,, OR I,,',,,, OFF I I I i LJ-~__,__J___c ~~~ ' I I~~TB; 86211 I~~~;~07/191 113/804045 and track$3 i,,',,, OR i,,',,, OFF I I I! IIJPO;, FPRS· EPO·, r In!,.···'I .. ····'I I I i I DERWENT; ' ' i ' 1 ________ j __________J. ___________________________________________________________________________________________J !_§~=I_g§ _________ j ________________________ _: _________________ j _________________________ _: 13/804045 and skip$5 U&PGPUB; j n RrlFF 12016/071191 ' i i USPAT· ' ' i 15·23 ' I I I USOCR; i' i' I' ' i' '~ it i~ FPRS·' EPO·';; ~; Ex. G-102 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 412512017 3:05:36 PM] EAST Search History 78 41 25/ 2017 3:05:30 PM C:\ Users\ cchoi\ Documents\ EAST\ Workspaces\ 15016662_matching_process_system_and_method.wsp Ex. G-103 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 412512017 3:05:36 PM] 78 + PTOISB/30 (10-01) Approved for use through 1013112002. OMB 0651-0031 U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. r REQUEST Application Number 151016,662 FOR Filing Date 0210512016 CONTINUED EXAMINATION (RCE) First Named Inventor Sean Rad TRANSMITTAL Art Unit 2153 Address to: Mail Stop RCE Examiner Name Choi, Yuk Ting Commissioner for Patents P.O. Box 1450 083523.0117 Attorney Docket Number Alexandria, VA 22313-1450 9869 This is a Request for Continued Examination (RCE) under 37 C.F.R. 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 design application. See Instruction Sheet for RCEs (not to be submitted to the USPTO) on page 2. 1. lsubmission required under 37 C.F.R. § 1.1141 a. Previously submitted D Consider the amendment(s)/reply under 37 C.F.R. 1. 116 previously filed on (Any unentered amendment(s) referred to above will be entered). ii. D Consider the arguments in the Appeal Brief or Reply Brief previously filed on _ _ _ __ iii. D O t h e r - - - - - - - - - - - - - - - - - b. [gj Enclosed i. [gj AmendmenUReply iii. D Information Disclosure Statement (IDS) ii. [gj Affidavit(s)/Declaration(s) iv. D Other _ _ _ _ _ _ _ _ _ _ _ __ 2. IMiscellaneousl a. D Suspension of action on the above-identified application is requested under 37 CFR. 1.103(c) for a period of months. (Period of suspension shall not exceed 3 months; Fee under 37 C.FR 1. 117(i) required) b. D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ 3. IFeesl The RCE fee under 37 C.F.R 1.17(e) is required by 37 C.F.R 1.114 when the RCE is filed. a. [gj The Director is hereby authorized to charge the following fees to: Deposit Account No. 02-0384 of Baker Botts L.L.P. i. [gj $1200.00 RCE fee required under 37 C.F.R. 1.17(e) ii. D 111. [gj Other: $600.00 2 Month Extension of time b. [gj The Director is hereby authorized to charge any additional fees or credit any overpayments to: Deposit Account No. 02-0384 of Baker Botts L.L.P. 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 Name (Print I Type) Registration No. (Attorney/Agent) 69093 Signature Date April 20, 2017 Burden Hour Statement: ate to take 0.2 hours to complete. Time will vary depending upon the needs of the individual case. Any comments on the amount of time you are r red to complete this form should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, Washington, DC 20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS SEND Fees and Completed Forms to the following address: Assistant Commissioner for Patents, Box RCE, Washington, DC 20231. Ex. G-104 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 1of19 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE First Named Inventor: Sean Rad Filed: February 5, 2016 Serial Number: 15/016,662 Group Art Unit: 2153 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and Method Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 Dear Sir: Request filed with Request for Continued Examination In response to the Final Office Action dated November 21, 2016 (the "Office Action") and Advisory Action dated March 21, 2017 (the "Advisory Action"), Applicant respectfully requests the Examiner to reconsider the rejection of the claims in view of the following remarks. 35255980 Ex. G-105 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 2of19 In the Claim Claims 1-43 (Canceled) 44. (Previously Presented) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. 35255980 Ex. G-106 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 3of19 47. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Previously Presented) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35255980 Ex. G-107 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 4of19 49. (Previously Presented) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture conesponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of infonnation in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is further operable to detect a swiping direction associated with the gesture. 51. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present the first item of information as a first card of a stack of cards. 52. (Previously Presented) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35255980 Ex. G-108 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 5of19 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 35255980 Ex. G-109 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 6of19 54. (Previously Presented) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. 57. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 35255980 Ex. G-110 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 7of19 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 35255980 Ex. G-111 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 8of19 REMARKS This Application has been reviewed carefully m light of the Office Action and Advisory Action. Applicant appreciates the Examiner's consideration of the Application. At the time of the Office Action, Claims 44-58 were pending and stand rejected. Applicant respectfully submits that all pending claims are allowable without amendment, and requests reconsideration and favorable action in this case in view of the following remarks. Request for Examiner Interview If the Examiner intends to issue a new Office Action in response to this submission, in the interest of compact and efficient prosecution, Applicant respectfully requests that the Examiner contact Applicant's attorney prior to issuing the new Office Action to discuss a possible resolution to any outstanding issues. Claim Rejections under 35 U.S.C. § 101 The Office Action rejects Claims 44-58 under 35 U.S.C. § 101 as allegedly being directed to non-statutory subject matter. In particular, the Office Action alleges that the claims are directed to the abstract idea of "identifying related information and returning a record in response to user's response." Office Action, p. 4. In addition, the Advisory Action alleges that "[t]he recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record based on the user's response." Advisory Action, p. 2. This broad and sweeping characterization that the claims, however, fails to acknowledge Federal Circuit precedent that "[i]n considering patent eligibility under § 101, one must focus on the claims. This is because a claim may 'preempt' only that which the claims encompass, not what is disclosed but left unclaimed." Dealertrack, Inc. v. Huber, 674 F.3d 1315, 1334 (Fed. Cir. 2012) (emphasis added). Thus, Applicant respectfully disagrees with the characterization of the claims in the Office Action and Advisory Action, and traverses the rejection using independent Claim 44 as an example. Under the proper analysis, Applicants' claims are patent eligible because (A) the 35255980 Ex. G-112 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 9of19 claims are not directed to an abstract idea; and (B) the claims, when considered as an ordered combination with other elements of each claim, supply an inventive concept rendering the claims patent eligible. In addition, because the Office Action and Advisory Action, among other things, fail to substantively address the patent eligibility of the ordered combination of elements-as discussed further in Section (B)-they fail to establish a prima facie case of patent ineligibility. As a result, Applicant requests withdrawal of the rejection of the claims based on Section 101. (A) The claims are patent-eligible because they are not directed to an abstract idea, but rather a specific solution for "navigating a user interface" by responding in multiple distinct ways to a particularized "gesture" that is "associated with [a] graphical representation" and corresponds to "a positive preference indication" The Office Action's analysis is inconsistent with the Supreme Court's analysis in Alice Corp. v. CLS Bank Int'l, 134 S. Ct. 2347, 2354 (2014), and is legally incorrect. Contrary to the Examiner's characterizations, only those claims that "would risk disproportionately tying up the use of the underlying ideas" are patent ineligible. Id. at 2354-55 (emphasis added). And those that "pose no comparable risk of pre-emption. . . remain eligible for the monopoly granted under our patent laws." Id. at 2355 (emphasis added). The Office Action alleges that Claim 44 is directed to the abstract idea of "identifying related information and returning a record in response to user's response." Office Action, p. 4. As discussed above, however, the Office Action's articulation of the abstract idea directly contradicts Federal Circuit precedent that "[i]n considering patent eligibility under § 101, one must focus on the claims." Dealertrack, Inc., 674 F.3d at 1334 (emphasis added). Indeed, focusing on the claim language, as the Federal Circuit counsels, confirms that they are directed to a particular solution to navigating a user interface. For example, the claim language recites a detecting and responding to a "gesture" that must not only be "associated with the graphical representation of the first item of information" but must also "correspond[] to a positive preference indication associated with the first item of information." · In addition, the claim language requires performing several separate and distinct actions related to the gesture including "detecting [the] gesture," "storing the positive preference indication. . . in response to detecting the gesture," "automatically presenting. . . a graphical representation 35255980 Ex. G-113 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 10of19 in response to detecting the gesture," and "automatically removing the graphical representation ... in response to detecting the gesture." The specification also explains, for example: In some embodiments, matching server 20 creates a match between two users 14 after both users 14 have expressed a preference for each other's profiles using like button 86 or the swiping gesture associated with like button 86. When matching server 20 creates a match, it may also provide the matched users with the ability to contact each other through a contact button. In some embodiments, when a match is created, matching server 20 may immediately (or soon thereafter) present an option to users 14 that have been matched to engage in a communication session (e.g., a chat, an SMS message, an e-mail, a telephone call, a voice communication session, a video communication session) . This may be done in response to a first user 14 expressing a preference for a second user 14 that has already expressed a preference for the first user 14. Application, pp. 49-50. Thus, rather than performing conventional activities with some abstract "information and returning a record" as the Office Action suggests, the claims are directed to detecting and responding to particularized "gestures" corresponding to particular graphical representations and positive preferences. Notably, the Office Action fails to provide any reasoning as to why Applicant's claims-with its specific limitations--create any risk of tying up any building block of human ingenuity, much less disproportionately doing so. Importantly, the Supreme Court calls for "tread[ing] carefully in construing this exclusionary principle lest it swallow all of patent law." Alice, 134 S. Ct. at 2354. Even more recently, the Federal Circuit has emphasized the need "to avoid oversimplifying the claims by looking at them generally and failing to account for the specific requirements of the claims." McRo, Inc. v. Bandai Namco Games Am. Inc., No. 2015-1080, 2016 WL 4896481, at *7 (Fed. Cir. Sep. 13, 2016). Indeed, because Applicants' claims limit themselves to a particular practical application, the claims provide a guarantee that there is no comparable risk of preempting all ways of navigating a user interface. See Alice, 134 S. Ct. at 2354-55. The M.P.E.P. requires that "[i]f the record as a whole suggests that it is more likely than not that the claimed invention would be considered a practical application of an abstract idea ... then USPTO personnel should not reject the claim." M.P.E.P. § 2106 III (emphasis added). 35255980 Ex. G-114 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 11 of 19 Applicants' ordered combination of elements do not rise to the level of preempting the basic tools of scientific and technological work that the Supreme Court is concerned with. See id. Despite Claim 1 reciting particular ways of detecting and responding to specific gestures in the context of navigating a user interface, the Examiner fails to explain how the claim language creates any preemption concern. In fact, even assuming, for the sake of argument only, that the Office Action's characterization of the claims as directed to the abstract idea of "identifying related information and returning a record in response to user's response" is accurate (a characterization with which Applicant does not agree), Claim 44 clearly does not preempt all methods of doing so. The Federal Circuit's recent opinion in McRo, Inc. v. Bandai Namco Games Am. Inc. is instructive. See McRo, Inc., 2016 WL 4896481 at * 7. In lvfcRo, Inc., the Federal Circuit disagreed with the district court's characterization of the claims as being directed to the abstract idea of "automated rule-based use of morph targets and delta sets for lip-synchronized three-dimensional animation" because "the claims [were] limited to rules with specific characteristics" and "the specific, claimed features of these rules allow for the improvement realized by the invention." Id. Here, like in McRo, Claim 44 recites specific features that allow for improvements to navigating a user interface. See AfcRo, 2016 WL 4896481 at *9. Moreover, "by incorporating the specific features" recited in the claims, Claim 44 is "limited to a specific process" and does not "preempt approaches ... that use ... different techniques." Id. at 10. As the Patent Office itself recognizes, it is proper to "compare the claim to claims already found to be directed to an abstract idea in a previous court decision." USPTO May 19, 2016 Memorandum: Recent Subject Matter Eligibility Decisions (Enfish, LLC v. i\1icrosoft Corp. and TL! Communications LLC v. A. V Automotive, LLC) at 1 ("Recent Subject Matter Eligibility Decisions") at 1. Here, the Office Action contends that the alleged abstract idea of "identifying related information and returning a record in response to user's response" is "similar to other concepts that have identified as abstract by the courts, such as using categories to organize, store and transmit information in Cyberfone, or comparing new and stored information and using rules to identifying options in Smartgene." Office Action, p. 4. The Office Action's contention, however, is merely conclusory and provides no analysis or explanation to support the alleged similarities between these concepts and the method of navigating a user interface recited in Claim 44. Indeed, Claim 44 is more similar to claims 35255980 Ex. G-115 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 12of19 recently found to be patent-eligible by the Federal Circuit. In Trading Techs. Int 'l, Inc. v. CQG, Inc., the Federal Circuit found that a claim covering "[a] method for displaying market information ... on a graphical user interface" was directed to patent-eligible subject matter. No. 2016-1616, 2017 WL 192716, at *1-2 (Fed. Cir. Jan. 18, 2017). The Federal Circuit agreed with the district court's conclusion that "rather than reciting 'a mathematical algorithm,' 'a fundamental economic or longstanding commercial practice,' or 'challenge in business,' the challenged patents 'solve problems of prior graphical user interface devices ... in the context of computerized trading[] relating to speed, accuracy and usability"' and "are directed to improvements in existing graphical user interface devices that have no 'pre-electronic trading analog."' Id. at *2. Claim 44 is more similar to the claims found patent-eligible in Trading Techs. than the cases relied on by the Office Action. For example, the "dynamically displaying," "displaying," and "setting" steps recited in the claims at issue in Trading Techs. are analogous to the "presenting," "automatically presenting," and "automatically removing" steps recited in Claim 44. Id. at * 1-2. Similarly, Claim 44 solves problems of prior user interface devices and is directed to improvements in navigating user interfaces that have no pre-computer analog. Like the claims at issue in Trading Techs., Claim 44 does "not simply claim displaying information," and recites more than "identifying related information and returning a record in response to user's response" as alleged by the Office Action. Id. at *3. Moreover, the graphical user interface of Claim 44 is "not an idea that has long existed, the threshold criterion of an abstract idea and ineligible concept." Id. In addition, Claim 44, as a whole, is distinguishable from the patent-ineligible abstract concepts found in the Alice and Bilski Supreme Court cases. Alice involved "a method of exchanging financial obligations between two parties using a third-party intermediary to mitigate settlement risk." Alice, 134 S. Ct. at 2356. Bilski involved the concept of hedging risk. Bilski v. Kappos, 561 U.S. 593 (2010). Like the concept of hedging risk in Bilski, Alice's "concept of intermediated settlement" was held to be "a fundamental economic practice long prevalent in our system of commerce." Alice, 134 S. Ct. at 2356 (emphasis added). Similarly, the Court in Alice found that "[t]he use of a third-party intermediary ... is also a building block of the modern economy." Id. (emphasis added). Thus, the Court held, "intermediated settlement ... is an 'abstract idea' beyond the scope of§ 101." Id. 35255980 Ex. G-116 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 13 of 19 Unlike the claims directed to the concept of intermediated settlement and hedging risk in Alice and Bilski, respectively, the steps of Claim 44 are not directed to "a fundamental economic practice long prevalent in our system of commerce." Id. For example, Claim 44 recites "a method of navigating a user interface" by "presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information," "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information," "storing the positive preference indication associated with the first item of information in response to detecting the gesture," "automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture," and "automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture." Claim 44 is therefore directed to a particular technological improvement in the area of navigating user interfaces, and does not merely recite the abstract idea of "identifying related information and returning a record in response to user's response," as alleged in the Office Action. Office Action, p. 4. Furthermore, Claim 44 is distinguishable from other claims already found to be directed to an abstract idea in previous court decisions at least because it is not directed to a certain method of organizing human activity, a fundamental economic practice, an idea of itself, a mathematical algorithm, or a basic tool of scientific and technological work. See PNC Bank v. Secure Axcess, LLC, CBM2014-00100 (Board Sept. 9, 2014), at 20-21. See also US. Bancorp v. Solutran, Inc., CBM2014-00076 (Board Aug. 7, 2014), at 13-14. Accordingly, Claim 44 is not directed to an abstract idea and is therefore allowable under Section 101. For at least these reasons, the Office Action has failed to establish that Claim 44 is directed to an abstract idea, and for at least these reasons, Claim 44 is allowable under Section 101, together with its dependent claims. For at least certain analogous reasons, Claims 49 and 54 are also allowable under Section 101. (B) The claims are patent-eligible because they contain inventive concepts when considered as an ordered combination with other claim elements In searching for something more, the Supreme Court "consider[ s] the elements of 35255980 Ex. G-117 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 14of19 each claim both individually and as an ordered combination to determine whether the additional elements transform the nature of the claim into a patent-eligible application." Alice, 134 S. Ct. at 2355. But the Office Action and Advisory Action fail to articulate why the individual elements of the claims do not give rise to an inventive concept. For example, the they do not address the individual inventiveness of the following recited features of Claim 44: • A method of navigating a user inteift1ce, comprising: • presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; • detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • storing the positive preference indication associated with the first item of information in response to detecting the gesture; • automatically presenting, on the graphical user inteiface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically removing the graphical representation of the first item of information from the graphical user inteiface in response to detecting the gesture. As one example, the Office Action does not explain how a "gesture" that is "associated with the graphical representation of the first item of information" and "correspond[s] to a positive preference indication associated with the first item of information" is not an inventive concept, particularly when the claim further requires performing several separate and distinct actions based on the claimed gesture including "detecting [the] gesture," "storing the positive preference indication. . . in response to detecting the gesture," "automatically presenting. . . a graphical representation. . . in response to detecting the gesture," and "automatically removing the graphical representation ... in response to detecting the gesture." Like the enhancements to the rubber curing process provided by the computer in Diehr, at least the aforementioned features of Claim 44 provide improvements to the field of 35255980 Ex. G-118 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 15of19 user interfaces, and in particular to navigating a user interface. See, e.g., Interim Eligibility Guidance at 31-33; Preliminary Instructions at 3 (citing Alice, 134 S.Ct. at 2359-60; Diamond v. Diehr, 450 U.S. 175, 177-178 (1981)). Accordingly, these features are meaningful beyond the mere concept of "identifying related information and returning a record in response to user's responses," both individually and as an ordered combination. Perhaps more importantly, the Office Action and the Advisory Action do not adequately address the inventive concept contained in the combination of claim elements other than making precisely the same conclusory statements. Office Action, p. 2 (stating with no explanation that "When viewed ... as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record based on the user's response."); Advisory Action at 2 (same). Indeed, the specificity of the instant claims as an ordered combination confirm that they are directed to a patent-eligible implementation. The Patent Office recently issued guidelines entitled, "Subject Matter Eligibility Examples: Business Methods" dated December 15, 2016, that emphasize the importance of analyzing claims as a combination of claim elements in the § 101 context. In one of those subject matter eligibility examples-namely, example "34. System for Filtering Internet Content" - the Patent Office notes that "the Federal Circuit determined, these limitations [of a local computer, ISP server, Internet computer network, and controlled access network account] do not amount to significantly more when 'taken individually, because they recite generic computer, network and Internet components, none of which is inventive by itself."' Id at p. 3. Nevertheless, as the Patent Office acknowledges, "an inventive concept can be found in the unconventional and non-generic combination of known elements. . . . " Id at 4. In that example, those "limitations confine the abstract idea to a particular, practical application of the abstract idea" and "[t]hus, when viewed as an ordered combination, the claim limitations amount to significantly more than the abstract idea of content filtering." Id The Patent Office "agree[s] that this instruction [to consider additional elements both individually and in combination] is vital to ensuring the eligibility of many claims, because even if an element does not amount to significantly more on its own (e.g., because it is merely a generic computer components performing generic computer functions), it can still amount to significantly more when considered in combination with the other elements of the claim." "July 2015 Update: Subject Matter Eligibility" at pp. 1-2. 35255980 Ex. G-119 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 16of19 In improperly characterizing the claims, the Office Action ignores that the claims are an ordered combination of functional and structural components that solve a particular problem of navigating a user interface. As the Supreme Court recently cautioned: not all abstract ideas are unpatentable because "[a]t some level, all inventions embody, use, reflect, rest upon, or apply. . . abstract ideas. Thus an invention is not rendered ineligible for patent simply because it involves an abstract concept" Alice Corp. v. CLS Bank Int'!, 134 S. Ct. 2347, 2354 (2014) (internal citations omitted). Rather, if it "pose[s] no comparable risk of pre-emption. . [it] therefore remain[s] eligible for the monopoly granted under our patent laws." Id. at 2355. Following the Alice decision, the Federal Circuit has confirmed patentability of computer-implemented clams on numerous occasions. See, e.g., Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335 (2016) (in upholding patent eligibility of computer-implemented claims, reasoning that "Much of the advancement made m computer technology consists of improvements to software that, by their very nature, may not be defined by particular physical features but rather by logical structures and processes. We do not see in Bilski or Alice, or our cases, an exclusion to patenting this large field of technological progress."). In this case, other than summarily stating that the claims do not add additional elements when considered either individually or as an ordered combination (see Office Action, p. 2 & Advisory Action, p. 2), the Office Action and Advisory Action fail to articulate any specific reason why the non-generic and unconventional combination of elements does not give rise to an inventive concept. Moreover, the claim limitations themselves confirm that they operate to confine the claims to a "particular, and practical application," rather than abstract subject matter-a conclusion that would only be further reinforced when the claim is viewed as ordered combination of elements. Accordingly, because the Office Action and Advisory Action do not adequately address patent eligibility of the ordered combination of elements, much less the individual elements, the Office Action fails to establish a prima facie case of patent ineligibility. As a result, Applicants respectfully request reconsideration and withdrawal of the pending § 101 rejections. 35255980 Ex. G-120 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 17of19 Claim 44 Does Not Seek To Tie Up any Abstract Idea Such that Others Cannot Practice It. Claim 44 does not monopolize the basic tool for performing any scientific or technological work. See Alice, 134 S. Ct. at 2354 ("abstract ideas are the basic tools of scientific and technological work. Monopolization of those tools through the grant of a patent might tend to impede innovation more than it would promote it."); see also Interim Guidelines at 74625 ("[A] streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it."). For example, Claim 44, as discussed above, requires much more than "identifying related information and returning a record in response to user's response." Even assuming that Claim 44 may involve "identifying related information and returning a record in response to user's response" at a high level of generality, this does not render Claim 44 ineligible because it is not directed to "identifying related information and returning a record in response to user's response" in the abstract. See Alice, 134 S.Ct. at 2354 ("[a]t some level, all inventions embody, use, reflect, rest upon, or apply ... abstract ideas. Thus an invention is not rendered ineligible for patent simply because it involves an abstract concept"). Said another way, the specific form of navigating a user interface is not a "long prevalent" or "well-understood" technique that one of skill in the art would recognize. Thus, Claim 44 does not raise the concerns regarding pre- emption that the Supreme Court articulated in Alice. Conclusion For at least these reasons, Applicants respectfully request reconsideration and allowance of Claim 44, together with its dependent claims. For at least certain analogous reasons, Applicants respectfully request reconsideration and allowance of independent Claims 49 and 54, together with their dependent claims. Claim Rejections under 35 U.S.C. § 103 The Office Action rejects Claims 44-58 under 35 U.S.C. § 103(a) as allegedly being unpatentable over U.S. Patent Application Publication No. 2014/0040368 to Janssens ("Janssens") in view of U.S. Patent Application Publication No. 2014/0162241 to Morgia ("Morgia"). Applicant traverses these rejections for the reasons discussed below. 35255980 Ex. G-121 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 18of19 The claimed technology was invented prior to August 6, 2012, which is the priority date of Janssens. 1 As evidence, Applicant previously submitted the declaration of inventor Jonathan Badeen and its accompanying exhibits. See Response dated March 14, 2017. Thus, pursuant to M.P.E.P. § 715, the Section 103 rejection using Janssens is overcome. Applicant respectfully requests reconsideration and allowance of all pending claims. In response to Applicant's submission pursuant to M.P.E.P. § 715 on March 14, 2017, the Examiner issued an Advisory Action indicating that "the Affidavit filed on 03/14/201 7 is not going to be entered" because "the Examiner requires further consideration and examination regarding on (sic) the Affidavit filed on 03/14/2017." Advisory Action dated March 21, 2017 at 2. Thus, for further consideration and examination, Applicant submits the declaration of inventor Jonathan Badeen and its accompanying exhibits concurrently with this response. In view of the Request for Continued Examination (RCE) accompanying this response, Applicant respectfully requests entry of the declaration, and reconsideration and allowance of all pending claims in light of the declaration and exhibits. Request for Evidentiary Support Should a rejection based on any of the above asserted rejections be maintained, Applicant respectfully requests appropriate evidentiary support. For example, if the Examiner is relying on alleged "common knowledge," alleged "well known" principles, "Official Notice," or other information within the Examiner's personal knowledge, Applicant respectfully requests that the Examiner cite a reference as documentary evidence in support of this position or provide an affidavit. See M.P.E.P. § 2144.03 and 37 C.F.R. § 1.104(d)(2). No Waiver Applicant's arguments and amendments are made without prejudice or disclaimer. By not responding to additional statements made by the Examiner, Applicant does not acquiesce to the additional statements. The distinctions between the applied references and the claims are provided as examples only and are sufficient to overcome the rejections. Applicant 1 Janssens has a filing date of March 14, 2013, and claims priority to a provisional application No. 611680,217, filed on August 6, 2012. 35255980 Ex. G-122 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 19of19 reserves the right to discuss additional or other distinctions in a later response or on appeal, if appropriate. Conclusion Applicant has made an earnest attempt to place this case in condition for allowance. For at least the above reasons, Applicant respectfully requests full allowance of all pending claims. If a telephone conference would advance prosecution of this Application, the Examiner may contact Chad C. Walters, Attorney for Applicants, at 214.953.6511. The Examiner may also communicate with Chad Walters concerning this Application by electronic mail at chad.walters@bakerbotts.com. The Commissioner is hereby authorized to charge the $1,200.00 Request for Continued Examination (RCE) fee and the $600.00 two-month Extension of Time fee, and to the extent necessary, any additional fees deemed necessary to Deposit Account No. 02-0384 of BAKER BOTTS L.L.P. Respectfully submitted, S L.L.P. pplicant. I ----~""f'-=::t_'--~f /' ---- __:::::> J son K. Kuncheria eg. No. 69,093 Telephone: 214.953.6674 Date: April 20, 201 7 Correspondence Address: Customer No: 05073 35255980 Ex. G-123 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of: Sean Rad et al. Serial No.: 15/016,662 Filing Date: February 5, 2016 Group Art Unit: 2153 Examiner: Yuk Ting Choi Confirmation No.: 9869 Title: MATCHING PROCESS SYSTEM AND METHOD Commissioner for Patents PO Box 1450 Alexandria, VA 22313-14 50 Dear Sir: DECLARATION PURSUANT TO 37 C.F.R. § 1.131 I, the undersigned, declare and state that: 1. I am over the age of 21 years, of sound mind, and competent in all respects to make this Declaration. 2. I am an inventor of the subject matter of the above-referenced application (the "Application"). 3. Prior to August 6, 2012 (the "Effective Date"), I gained a full understanding of the subject matter of at least the current version of the claims of the Application (attached as Exhibit A). 4. Attached as Exhibit B are screenshots and accompanying descriptions of a working application developed prior to the Effective Date. The application presented potential matches to a candidate. After the candidate expressed a preference regarding a potential malch, the application automatically removes that potential match and presents the Ex. G-124 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 next potential match. The application was tested, prior to the Effective Date, to confirm that the functionality discussed above worked. 5. Prior to the Effective Date, I developed code that implemented using swiping gestures to express approval and disapproval of a potential match. Attached as Exhibit C are portions of that source code. 6. All of the work in conceiving and reducing to practice the suqject matter of the current version of the claims in the Application occurred in the United States. 7. f hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true. Further, I declare that these statements are made with the knowledge that willful false statements, and the like so made, are punfohable by fine or impl'isonment, or both, under Section I 001, Title I 8 of the United States Code, and that such willful false statements may jeopardize the validity of the Application or any patent issuing thereon. Signed this t +--L. ry day of_ P:'W>r<> o. . '2017. #~- Ex. G-125 78 EXHIBIT A Ex. G-126 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 Currently Pending Claims Claims 1-43 (Cancelled) 44. (Previously Presented) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. Ex. G-127 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 4 7. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Previously Presented) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. Ex. G-128 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 49. (Previously Presented) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture c01Tesponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is further operable to detect a swiping direction associated with the gesture. 51. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present the first item of information as a first card of a stack of cards. 52. (Previously Presented) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. Ex. G-129 78 ATTORNEY'S DOCKET PA TENT APPLICATION 083523.0117 USSN 15/016,662 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. Ex. G-130 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 54. (Previously Presented) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. Ex. G-131 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 57. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. Ex. G-132 78 EXHIBITB Ex. G-133 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 Ex. G-134 78 ATTORNEY DOCKET NO. PA TENT APPLICATION 083523.0117 15/016,662. ~ a<>-rnhtHte- t(}-U,'tJ.e,, f4kd, ~w~ tr LJ,e,, tO-U· tl,a.. we.fl..'' Ex. G-135 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 n-J-,. - V111 .. J-,, /JI ~tlff~~- ··~",.,.,,,. "');~:;t 4/ t~(t::~~ .i () II:·::,·:.,. .,,., Ex. G-136 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 121111 CP&G 3G 4:20 PM 0 liiil> tind r. ' '' Sh;';n:)d 16 l ""·l"'' r \ i;- 1"<""''1' '"' 1...~ ~· ••), •>, ... ···· ~··,.• Ex. G-137 78 ATTORNEY DOCKET NO. PA TENT APPLICATION 083523.0117 15/016,662 am11 __ AT&T ~ 5:17 PM -1. l£Jl t I rnntched on '7 /17 2 .,::; i":: << ·~ '.:...i .: . " matched on 7I17 3 irmtdwd on 7'/17 Sha:r:;~d 0 lntf,'i'f:Sb'.i Ex. G-138 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 1110 __ AT&T ~ 5:22 PM 4:· f!D Block this User July ·rt, 20·12 S:H::l PM For sure ... it seems like · we have a lot in. . . co.mmon. · How about some organic coffee?. know a great place! Ex. G-139 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 Ex. G-140 78 EXHIBITC Ex. G-141 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 MBGameviewcontroller ABRIDGED II II MBGameviewcontroller.m II matchbox II II Created by Jonathan Badeen on 616112. II copyright (c) 2012 Hatch Labs. All rights reserved. II @implementation MBGameviewcontroller #pragma mark - Game & cards - (void)updateGame { for (UIGestureRecognizer *9estureRecognizer in self.currentcard.gestureRecogn1zers) { gestureRecognizer.enabled = gameButtonsEnabled; } } - (MBCardView *)dequeueReusablecard { MBCardView *card= [self.reusablecards lastobject]; if (!card) { card= [[MBCardView alloc] init]; [card addGestureRecognizer:[[UIPanGestureRecognizer alloc] initWithTarget:self action:@selector(cardPanned:)]]; } ' .. for (UIGestureRecognizer *gestureRecognizer in card.gestureRecognizers) { gestureRecognizer.enabled =NO; } return card; } - (void)cardPanned:(UIPanGestureRecognizer *)gestureRecognizer { static CGPoint startLocation; static urrmageview *dislikerma9eview; static UIImageview *likermageV1ew; CGFloat confirmedXTranslation = 100.0; CGFloat rninconfirrnedvelocity = 2000.0; CGPoint translation= [gestureRecognizer translationrnview:self.currentcard]; switch (gestureRecognizer.state) { case UIGestureRecognizerstatePossible: break; case UIGestureRecognizerstateBegan: startLocation = [gestureRecognizer locationrnview:self.currentcard]; likeimageView = [LUIIrnageView alloc] initWithimage:[UIImage imageNamed:@"MBLikedstamp"]J; . likeimageView.transforrn = CGAffineTransforrnMakeRotation(M_PI_4 I 2.0 * -1); likeimageView.center = CGPointMake(CGRectGetMidX(self.currentCard.bounds) - 45.0, Page 1 Ex. G-142 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 MBGameviewcontroller ABRIDGED CGRectGetMidY(self.currentCard.bounds) - 85.0); likeimageView.alpha = O; [self.currentcard addsubview:likeimageView]; dislikeimageView = [[UIImageView alloc] initwithrmage:[UIImage imageNamed:@"MBNopeStamp"]]; dislikermageview.transform = CGAffineTransformMakeRotation(M_PI_4 / 2.0 "' 1); dislikeima9eview.center = CGPointMake(CGRectGetM1dX(self.currentcard.bounds) + 45.0, CGRectGetMidY(self.currentcard.bounds) - 85.0); dislikeimageView.alpha = O; [self.currentcard addsubview:dislikeimageView]; self.nextcard.hidden = No; case UIGestureRecognizerstatechanged: { CGFloat rotationDirection = startLocation.y I CGRectGetHeight(self.currentcard.bounds) < 0.5 ? 1: -1; CATransform3D translationTransform:= CATransform3DMakeTranslation(translation.x, translation.y, O); CATransform3D rota ti onTransform = CATransform3DMakeRotati on((M_PI * 2);, (translation.x / 5000.0), 0, O, rotationDirection); CATransform3D transform = CATransform3DConcat(translationTransform, rotationTransform); self.currentcard.layer.transform =transform; CGFloat startstampshowx = 30.0; likerma9eview.alpha = (translation.x - startstampshowx) I (confirmedXTranslat1on - startstampshowX); dislikermageView.alpha = (translation.x + startstampshowX) I (-confirmedXTranslation + startStampshowX); } break; case UIGestureRecognizerstateEnded: case UIGestureRecognizerstatecancelled: if (fabsf(translation.x) < confirmedXTranslation && [gestureRecognizer velocityrnview:self.currentcard].x < minconfirmedVelocity) { [UIView animateWithDuration:0.2 delay:O options:urviewAnimationcurveEaseout animations:A{ self.currentcard.transform CGAffineTransformrdentity; likeimageView.alpha = O; dislikeimageView.alpha = O; } completion:A(BOOL finished) { self.nextcard.hidden = YES; [l i keimageV·i ew removeFromsupe rvi ew]; [dislikermageView removeFromsuperview]; }J; } else { NSTimeinterval maxouration = 0.2; NSTimeinterval adjustedDuration = maxDuration; [UIView animateWithDuration:adjustedDuration delay:O options:urviewAnimationcurveEaseout animations:A{ CGFloat direction= 1.0; if (translation.x > 0) { } e 1 se { direction= -1.0; } //CGFloat rotationDirection = startLocation.y / CGRectGetHeight(self.currentcard.bounds) < 0.5 ? -1: 1; CGFloat XPOS = 400.0; CGAffineTransform translationTransform · Page 2 Ex. G-143 78 ATTORNEY DOCKET NO.: PA TENT APPLICATION 083523.0117 15/016,662 MBGameViewcontroller ABRIDGED CGAffineTransformMakeTranslation(xPos *direction, [(NSNumber '')[self. currentcard. 1 ayer va 1ueForKeyPath: @"transform. transl at ion. y"] fl oatval ue]); //CGAffineTransform rotationTransform = CGAffineTransformMakeRotation((M_PI * 2) '' (xPos / 5000.0) ·~ rotationoirection); self.currentcard.transform = translationTransform; //CGAffineTransformconcat(trans'lationTransform, rotationTransform); } completion:A(BOOL finished) { [likermageview removeFromsuperviewJ; [dislikeimageView removeFromsuperview]; MBUser *user = self.currentcard.user; [self updateGame]; if (translation.x < 0) { [[MBMatchboxAPI sharedMatchboxAPI] dislikeuser:user]; } else { [[MBMatchboxAPI sharedMatchboxAPI) likeUser:user completion:A(BOOL success, MBUser *user, BOOL isMatch) { if (success && isMatch) { MBNewMatchViewcontroller *vc ~ [[MBNewMatchViewcontroller alloc] init]; vc.matcheduser = user; vc.backgroundscreenshot = [UIImage imageWithview:self.view]; [self presentviewcontroller:vc animated:NO completion:/\{ }]; } }J; } }]; ~reak; case UIGestureRecognizerstateFailed: break; default: break; } } @end Page 3 Ex. G-144 78 Electronic Patent Application Fee Transmittal Application Number: 15016662 Filing Date: 05-Feb-2016 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Filer: Samir A Bhavsar/Judy Baggett Attorney Docket Number: 083523.0117 Filed as Large Entity Filing Fees for Utility under 35 USC 111 (a) Sub-Total in Description Fee Code Quantity Amount USO($) Basic Filing: Pages: Claims: Miscellaneous-Filing: Petition: Patent-Appeals-and-Interference: Post-Allowance-and-Post-Issuance: Extension-of-Time: Ex. G-145 78 Sub-Total in Description Fee Code Quantity Amount USO($) Extension - 2 months with $0 paid 1252 1 600 600 Miscellaneous: RCE- 1st Request 1801 1 1200 1200 Total in USO($) 1800 Ex. G-146 78 Electronic Acknowledgement Receipt EFSID: 28982751 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Samir A Bhavsar/Judy Baggett Filer Authorized By: Samir A Bhavsar Attorney Docket Number: 083523.0117 Receipt Date: 20-APR-2017 Filing Date: 05-FEB-2016 Time Stamp: 15:36:28 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment yes Payment Type DA Payment was successfully received in RAM $1800 RAM confirmation Number 0421171NTEFSVl/00002476020384 Deposit Account 020384 Authorized User Judy Baggett The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: 37 CFR 1.16 (National application filing, search, and examination fees) 37 CFR 1.17 (Patent application and reexamination processing fees) Ex. G-147 37 Case CFR 1.196:18-cv-00080-ADA-JCM (Document supply fees) Document 30-12 Filed 10/11/18 Page 149 of 278 37 CFR 1.20 (Post Issuance fees) 37 CFR 1.21 (Miscellaneous fees and charges) File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 74951 Request for Continued Examination 1 117receform.PDF no 1 (RCE) 351266d2Sd1164b46ad7310361518f95095 a4c64 Warnings: This is not a USPTO supplied RCE SB30 form. Information: 966919 2 117rceres.PDF yes 19 45a279a074f50Se 757bcfa576b22c352001 E ec13 Multipart Description/PDF files in .zip description Document Description Start End Amendment Submitted/Entered with Filing of CPA/RCE 1 1 Claims 2 7 Applicant Arguments/Remarks Made in an Amendment 8 19 Warnings: Information: 854243 3 Affidavit-Rule 131-pre-AIA (FTI) ONLY 117Declaration.PDF no 21 9157879701448951 d42607efbd737641 dd d98fc2 Warnings: Information: 32098 4 Fee Worksheet (SB06) fee-info.pdf no 2 f363b6Sabef7815189f4efb79c825e643250 1436 Warnings: Information: Total Files Size (in bytes) 1928211 Ex. G-148 78 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. 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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 SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: 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. Ex. G-150 78 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. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 5073 7590 03/21/2017 EXAMINER BAKER BOTTS L.L.P. 2001 ROSS AVENUE CHOI, YUK TING SUITE 700 DALLAS, TX 75201-2980 ART UNIT PAPER NUMBER 2153 NOTIFICATION DATE DELIVERY MODE 03/21/2017 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) Ex. G-151 Case 6:18-cv-00080-ADA-JCM Document Application30-12 No. Filed 10/11/18 Page 153 of 278 Applicant(s) Advisory Action 151016,662 RAD ET AL. Before the Filing of an Appeal Brief Examiner Art Unit AIA (First Inventor to File) Status I YUK TING CHOI 2153 No --The MAILING DATE of this communication appears on the cover sheet with the correspondence address -- THE REPLY FILED 14 March 2017 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE. NO NOTICE OF APPEAL FILED 1. 1:8:1 The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of this application, applicant must timely file one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance; (2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with 37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of the following time periods: a) [gl The period for reply expires ~months from the mailing date of the final rejection. b) D The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whichever is later. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection. c) D A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after-final reply filed within 2 months of the mailing date of the final rejection. The current period for reply expires months from the mailing date of the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier. Examiner Note: If box 1 is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE FIRST RESPONSE TO APPLICANT'S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07(f). Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as set forth in (b) or (c) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b). NOTICE OF APPEAL 2. D The Notice of Appeal was filed on _ _ . A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of filing the Notice of Appeal (37 CFR 41.37(a)), or any extension thereof (37 CFR 41.37(e)), to avoid dismissal of the appeal. Since a Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41.37(a). AMENDMENTS 3. [gl The proposed amendments filed after a final rejection, but prior to the date of filing a brief, will not be entered because a) [gl They raise new issues that would require further consideration and/or search (see NOTE below); b) D They raise the issue of new matter (see NOTE below); c) D They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for appeal; and/or d) D They present additional claims without canceling a corresponding number of finally rejected claims. NOTE: See Continuation Sheet. (See 37 CFR 1.116 and 41.33(a)). 4. D The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324). 5. D Applicant's reply has overcome the following rejection(s): _ _ . 6. D Newly proposed or amended claim(s) _ _ would be allowable if submitted in a separate, timely filed amendment canceling the non- allowable claim(s). 7. 1:8:1 For purposes of appeal, the proposed amendment(s): (a) 1:8:1 will not be entered, or (b) D will be entered, and an explanation of how the new or amended claims would be rejected is provided below or appended. AFFIDAVIT OR OTHER EVIDENCE 8. D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _ _. 9. D The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will not be entered because applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented. See 37 CFR 1.116(e). 1O. D The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will not be entered because the affidavit or other evidence failed to overcome g!! rejections under appeal and/or appellant fails to provide a showing of good and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41.33(d)(1). 11. D The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached. REQUEST FOR RECONSIDERATION/OTHER 12. 1:8:1 The request for reconsideration has been considered but does NOT place the application in condition for allowance because: See Continuation Sheet. 13. D Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No(s). _ _ 14. D Other: _ _ . STATUS OF CLAIMS 15. The status of the claim(s) is (or will be) as follows: Claim(s) allowed: Claim(s) objected to: Claim(s) rejected: 44-58. Claim(s) withdrawn from consideration: /YUK TING CHOI/ I Primary Examiner, Art Unit 2153 U.S. Patent and Trademark Office PTOL-303 (Rev. 08·2013) Advisory Action Before the Filing of an Appeal Brief Ex. Part of G-152 Paper No. 20170315 Case Continuation Sheet 6:18-cv-00080-ADA-JCM (PTOL-303) Document 30-12 Filed 10/11/18 Page 154 of Application No.278 15/016,662 Continuation of 3. NOTE: This office action is in response to applicant's communication filed on 03/14/2017 in response to Final office action mailed on 11 /21 /2016. No claims have been amended, added or canceled. The Affidavit filed on 03/14/2017 needs further examination and consideration. Therefore, the Affidavit wil not be entered .. Continuation of 12. does NOT place the application in condition for allowance because: Applicant's argument with respect to 101 rejection states as "Applicants respectfully disagree at least because such a characterization overs simplifies the claimed invention, and improperly ignores numerous features recited in claim 44". In response to Applicant's argument, the Examiner disagrees because detecting the claimed "preference indication" is just detecting a preference response from a user and the recited features do not have additional elements beyond the abstract idea of identify related information based on a user's response and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record based on the user's response. Therefore, the 35 USC 101 rejections are maintained. Applicant's argument with respect to 35 USC 103 rejections states as "The claimed technology was invented prior to August 6, 2012, which is the priority date of Janssens ... ". In response to Applicant's argument, the Examiner requires further consideration and examination regarding on the Affidavit filed on 03/14/2017. Therefore, the Affidavit filed on 03/14/2017 is not going to be entered. The 35 USC 103 rejections made in the Final rejection mailed on 11 /21 /2016 are still valid. Ex. G-153 2 78 DO NOT ENTER: /Y.C/ the Affidavit ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 1of17 IN THE UNITED STATES PA TENT AND TRADEMARK OFFICE First Named Inventor: Sean Rad Filed: February 5, 2016 Group Art Unit: 2153 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and Method Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 Dear Sir: Response Under 37 C.F.R. § 1.116 In response to the Final Office Action dated November 21, 2016 (the "Office Action"), Applicant respectfully requests the Examiner to reconsider the rejection of the claims in view of the following remarks. 30500388 Ex. G-154 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 I of 17 IN THE UNITED STA TES PATENT AND TRADEMARK OFFICE First Named Inventor: Sean Rad Filed: February 5, 2016 Group Art Unit: 2153 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and Method Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 Dear Sir: Response Under 37 C.F.R. § 1.116 In response to the Final Office Action dated November 21, 2016 (the "Office Action"), Applicant respectfully requests the Examiner to reconsider the rejection of the claims in view of the following remarks. 30500388 Ex. G-155 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 2of17 In the Claim Claims 1-43 (Cancelled) 44. (Previously Presented) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of infonnation in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. 30500388 Ex. G-156 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 3of17 47. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Previously Presented) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 30500388 Ex. G-157 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 4of17 49. (Previously Presented) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is further operable to detect a swiping direction associated with the gesture. 51. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present the first item of information as a first card of a stack of cards. 52. (Previously Presented) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 30500388 Ex. G-158 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 5of17 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 30500388 Ex. G-159 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 6of17 54. (Previously Presented) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. 57. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 30500388 Ex. G-160 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 7of17 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 30500388 Ex. G-161 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 8of17 REMARKS This Application has been reviewed carefully in light of the Office Action. Applicant appreciates the Examiner's consideration of the Application. At the time of the Office Action Claims 44-58 were pending. The Office Action rejects these claims. Applicant respectfully submits that all pending claims are allowable without amendment, and respectfully requests reconsideration and favorable action in this case in view of the following remarks. Request for Interview If the Examiner intends to issue a new Office Action in response to this submission, in the interest of compact and efficient prosecution, Applicant respectfully requests that the Examiner contact Applicant's attorney prior to issuing the new Office Action to discuss a possible resolution to any outstanding issues. Claim Rejections under 35 U.S.C. § 101 The Office Action rejects Claims 44-58 under 35 U.S.C. § 101 as allegedly being directed to non-statutory subject matter. In particular, the Office Action alleges that the claims are directed to the abstract idea of "identifying related information and returning a record in response to user's response." Office Action at 4. Applicant respectfully disagrees, and discusses independent Claim 44 as an example. In Alice and Mayo, the Supreme Court laid out a two-step framework for determining if a claim recites patent eligible subject matter. Both parts must be met to reject a claim under Section 101. Step one requires determining whether the claims are directed to an abstract idea. See Alice Corp. Pty v. CLS Bank lnt'l, 134 S.Ct. 2347, 2355 (2014). If the claims are not directed to an abstract idea, the inquiry ends there and the claims are found patent-eligible. Id. at 2357. However, if the claims are directed to an abstract idea, the next step is to determine whether the claims recite "something more," (i.e., additional features that render the claim patent eligible). Id. at 2354. The key question in determining patent eligibility is whether an invention "risk[s] disproportionately tying up the use of the underlying ideas." Id. If it does not, the invention "remain[s] eligible for the monopoly granted under our patent laws." Id. at 2355. 30500388 Ex. G-162 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 9of17 The Claims are Directed to Statutory Subject Matter The Supreme Court and the Federal Circuit have not provided an explicit definition of "abstract ideas." Instead, they have identified abstract ideas by way of example - longstanding economic practices, certain methods of organizing human activity, mathematical formulas, and ideas of themselves are all considered abstract ideas. Id at 2355- 56. Using this guidance, the USPTO has laid out requirements that Examiners must meet to present a prima facie case that a rejected claim is patent ineligible. (USPTO July 2015 Update: Subject Matter Eligibility ("July 2015 Update") § III, available at http://www.uspto.gov/sites/default/files/documents/ieg-july-2015-update.pdf.) In addressing this part of the test, the Supreme Court emphasized that "[a]n invention is not rendered ineligible simply because it involves an abstract concept." Alice Corp., 134 S.Ct. at 2355. Indeed, "all inventions embody, use, reflect, rest upon, or apply ... abstract ideas." Id. Recently, the Federal Circuit "highlighted several important points regarding the subject matter eligibility analysis, in particular regarding whether a claim is directed to an abstract idea." USPTO May 19, 2016 Memorandum: Recent Subject Matter Eligibility Decisions (Enjish, LLC v. Microsoft Corp. and TL! Communications LLC v. A. V Automotive, LLC) at 1 ("Recent Subject Matter Eligibility Decisions"). For example, the Federal Circuit "noted that when determining whether a claim is directed to an abstract idea, it is appropriate to compare the claim to claims already found to be directed to an abstract idea in a previous court decision." Id. In addition, the Federal Circuit "cautioned against describing a claim at a high level of abstraction untethered from the language of the claim when determining the focus of the claimed invention," and noted that "an invention's ability to run on a general purpose computer does not automatically doom the claim." Id As explained below, independent Claim 44 is distinguishable from the claims already found to be patent-ineligible abstract concepts, and the Office Action's characterization of the claims over-simplifies the claimed invention and improperly ignores a number of features recited in Claim 44. The Office Action alleges that Claim 44 is directed to the abstract idea of "identifying related information and returning a record in response to user's response." Office Action 4. Applicants respectfully disagree at least because such a characterization over-simplifies the claimed invention, and improperly ignores numerous features recited in Claim 44. Claim 44 is not merely directed to "identifying related information and returning a record in response 30500388 Ex. G-163 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 10of17 to a user's response." Rather, Claim 44 is directed to a particular method of navigating a user interface. For example, Claim 44 recites, "presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information," "detecting a gestme associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information," "storing the positive preference indication associated with the first item of information in response to detecting the gesture," "automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture," and "automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture." Thus, Claim 44 does not merely recite the abstract idea of "identifying related information and returning a record in response to user's response" as alleged in the Office Action. The Federal Circuit has repeatedly emphasized the need "to avoid oversimplifying the claims by looking at them generally and failing to account for the specific requirements of the claims." McRo, Inc. v. Bandai Namco Games Am. Inc., No. 2015-1080, 2016 WL 4896481, at *7 (Fed. Cir. Sep. 13, 2016). As noted above, it is proper to "compare the claim to claims already found to be directed to an abstract idea in a previous court decision." Recent Subject Matter Eligibility Decisions at 1. Here, the Office Action contends that the alleged abstract idea of "identifying related information and returning a record in response to user's response" is "similar to other concepts that have identified as abstract by the courts, such as using categories to organize, store and transmit information in Cyberfone, or comparing new and stored information and using rules to identifying options in Smartgene." Office Action at 4. The Office Action's contention, however, is merely conclusory and provides no analysis or explanation to support the alleged similarities between these concepts and the method of navigating a user interface recited in Claim 44. Indeed, Claim 44 is more similar to claims recently found to be patent- eligible by the Federal Circuit. In Trading Techs. Int 'l, Inc. v. CQG, Inc., the Federal Circuit found that a claim covering "[a] method for displaying market information ... on a graphical user interface" was directed to patent-eligible subject matter. No. 2016-1616, 2017 WL 192716, at *1-2 (Fed. Cir. Jan. 18, 2017). The Federal Circuit agreed with the district court's conclusion that 30500388 Ex. G-164 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 11 of 17 "rather than reciting 'a mathematical algorithm,' 'a fundamental economic or longstanding commercial practice,' or 'challenge in business,' the challenged patents 'solve problems of prior graphical user interface devices ... in the context of computerized trading[] relating to speed, accuracy and usability"' and "are directed to improvements in existing graphical user interface devices that have no 'pre-electronic trading analog."' Id. at *2. Claim 44 is more similar to the claims found patent-eligible in Trading Techs. than the cases relied on by the Office Action. For example, the "dynamically displaying," "displaying," and "setting" steps recited in the claims at issue in Trading Techs. Int 'l are analogous to the "presenting," "automatically presenting," and "automatically removing" steps recited in Claim 44. Id. at * 1-2. Similarly, Claim 44 solves problems of prior user interface devices and is directed to improvements in navigating user interfaces that have no pre-computer analog. Like the claims at issue in Trading Techs., Claim 44 does "not simply claim displaying information," and recites more than "identifying related information and returning a record in response to user's response" as alleged by the Office Action. Id. at *3. Moreover, the graphical user interface of Claim 44 is "not an idea that has long existed, the threshold criterion of an abstract idea and ineligible concept." Id. In addition, Claim 44, as a whole, is distinguishable from the patent-ineligible abstract concepts found in the Alice and Bilski Supreme Court cases. Alice involved "a method of exchanging financial obligations between two parties using a third-party intermediary to mitigate settlement risk." Alice, 134 S. Ct. at 2356. Bilski involved the concept of hedging risk. Bilski v. Kappas, 561 U.S. 593 (2010). Like the concept of hedging risk in Bilski, Alice's "concept of intermediated settlement" was held to be "a fundamental economic practice long prevalent in our system of commerce." Alice, 134 S. Ct. at 2356 (emphasis added). Similarly, the Court in Alice found that "[t]he use of a third-party intermediary ... is also a building block of the modern economy." Id. (emphasis added). Thus, the Court held, "intermediated settlement ... is an 'abstract idea' beyond the scope of§ 101." Id. Unlike the claims directed to the concept of intermediated settlement and hedging risk m Alice Corp. and Bilski, respectively, the steps of Claim 44 are not directed to "a fundamental economic practice long prevalent in our system of commerce." Id. For example, Claim 44 recites "a method of navigating a user interface" by "presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of 30500388 Ex. G-165 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 12of17 information," "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information," "storing the positive preference indication associated with the first item of information in response to detecting the gesture," "automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture," and "automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture." Claim 44 is therefore directed to a particular technological improvement in the area of user interfaces, and does not merely recite the abstract idea of "identifying related information and returning a record in response to user's response," as alleged in the Office Action. Office Action at 4. Furthermore, Claim 44 is distinguishable from other claims already found to be directed to an abstract idea in previous court decisions at least because it is not directed to a certain method of organizing human activity, a fundamental economic practice, an idea of itself, a mathematical algorithm, or a basic tool of scientific and technological work. See PNC Bank v. Secure Axcess, LLC, CBM2014-00100 (Board Sept. 9, 2014), at 20-21. See also U.S. Bancorp v. Solutran, Inc., CBM2014-00076 (Board Aug. 7, 2014), at 13-14. Accordingly, Claim 44 is not directed to an abstract idea and is therefore allowable under Section 101. The reasoning provided in the Supreme Court decision in Alice confirms that Claim 44 is eligible under Section 101. As the Supreme Court has stated: [W]e tread carefully in construing this exclusionary principle lest it swallow all of patent law. Mayo, 566 U.S., at-, 132 S.Ct., at 1293- 1294. At some level, "all inventions ... embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas." Id., at -, 132 S.Ct., at 1293. Thus, an invention is not rendered ineligible for patent simply because it involves an abstract concept. See Diamond v. Diehr, 450 U.S. 175, 187, 101 S.Ct. 1048, 67 L.Ed.2d 155 (1981). "[A]pplication[s]" of such concepts "to a new and useful end," we have said, remain eligible for patent protection. Gottschalk v. Benson, 409 U.S. 63, 67, 93 S.Ct. 253, 34 L.Ed.2d 273 (1972). Accordingly, in applying the § 101 exception, we must distinguish between patents that claim the '"buildin{g] block{s)'" of human ingenuity and those that integrate the building blocks into something more, Mayo, 566 U.S., at -, 132 S.Ct., at 1303, thereby "transform[ing]" them into a patent-eligible invention, id, at -, 132 S.Ct., at 1294. The former "would risk disproportionately tying up the use of the underlying" ideas, id., at -, 132 S.Ct., at 1294, and are 30500388 Ex. G-166 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 13of17 therefore ineligible for patent protection. The latter pose no comparable risk of pre-emption, and therefore remain eligible for the monopoly granted under our patent laws. Alice, 134 S.Ct. at 2354-55 (emphasis added). Claim 44 does not claim a "building block of human ingenuity," but rather claims a particular "method of navigating a user interface." Further, Claim 44 poses no risk of disproportionally tying up the use of underlying ideas, and therefore poses no comparable risk of preemption. Indeed, even assuming, for the sake of argument only, that the Office Action's characterization of the claims as directed to the abstract idea of "identifying related information and returning a record in response to user's response" is accurate (a characterization with which Applicant does not agree), Claim 44 clearly does not preempt all methods of doing so. The Federal Circuit's recent opinion in McRo, Inc. v. Bandai Namco Games Am. Inc. is instructive. See McRo, Inc., 2016 WL 4896481 at * 7. In McRo, Inc., the Federal Circuit disagreed with the district court's characterization of the claims as being directed to the abstract idea of "automated rule-based use of morph targets and delta sets for lip-synchronized three-dimensional animation" because "the claims [were] limited to rules with specific characteristics" and "the specific, claimed features of these rules allow for the improvement realized by the invention." Id. Here, like in McRo, Claim 44 recites specific features that allow for improvements to navigating a user interface. See McRo, 2016 WL 4896481 at *9. Moreover, "by incorporating the specific features" recited in the claims, Claim 44 is "limited to a specific process" and does not "preempt approaches ... that use ... different techniques." Id. at 10. For at least these reasons, the Office Action has failed to establish that Claim 44 is directed to an abstract idea, as required by Part 1, and for at least these reasons, Claim 44 is allowable under Section 101, together with its dependent claims. For at least certain analogous reasons, Claims 49 and 54 are also allowable under Section 101. The Claims Recite Significantly More Than the Alleged Abstract Idea Even assuming, for the sake of argument only, that the first part of the test had been met (which, as discussed above, it has not), Claim 44 still would be patentable under Section 101 because the second part of the test is not met. Specifically, the recited features of Claim 44 amount to "significantly more" than a mere abstract idea. See Interim Eligibility Guidance 30500388 Ex. G-167 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 14of17 at 20-21 ("To be patent-eligible, a claim that is directed to a judicial exception must include additional features to ensure that the claim describes a process or product that applies the exception in a meaningful way, such that it is more than a drafting eff01t designed to monopolize the exception."). For example, Claim 44 recites the following features: • A method of navigating a user interface, comprising: • presenting, on a graphical user inteiface, a graphical representation of a first item of information of a plurality of items of information; • detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • storing the positive preference indication associated with the first item of information in response to detecting the gesture; • automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically removing the graphical representation of the first item of information from the graphical user inteiface in response to detecting the gesture. Like the enhancements to the rubber curing process provided by the computer in Diehr, at least the aforementioned features of Claim 44 provide improvements to the field of user interfaces, and in particular to navigating a user interface. See, e.g., Interim Eligibility Guidance at 31-33; Preliminary Instructions at 3 (citing Alice, 134 S.Ct. at 2359-60; Diamond v. Diehr, 450 U.S. 175, 177-178 (1981)). Accordingly, these features are meaningful beyond the mere concept of "identifying related information and returning a record in response to user's responses," both individually and as an ordered combination. See Interim Eligibility Guidance at 32-33 (the recited features of a claim that "impose meaningful limits" to the bounds of an abstract idea "amount[] to significantly more than the judicial exception"). Claim 44 Does Not Seek To Tie Up any Abstract Idea Such that Others Cannot Practice It. 30500388 Ex. G-168 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 15of17 Claim 44 does not monopolize the basic tool for performing any scientific or technological work. See Alice, 134 S.Ct. at 2354 ("abstract ideas are the basic tools of scientific and technological work. Monopolization of those tools through the grant of a patent might tend to impede innovation more than it would promote it."); see also Interim Guidelines at 74625 ("[A] streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it."). For example, Claim 44, as discussed above, requires much more than "identifying related information and returning a record in response to user's response." Even assuming that Claim 44 may involve "identifying related information and returning a record in response to user's response" at a high level of generality, this does not render Claim 44 ineligible because it is not directed to "identifying related information and returning a record in response to user's response" in the abstract. See Alice, 134 S.Ct. at 2354 ("[a]t some level, all inventions embody, use, reflect, rest upon, or apply ... abstract ideas. Thus an invention is not rendered ineligible for patent simply because it involves an abstract concept"). Said another way, the specific form of navigating a user interface is not a "long prevalent" or "well-understood" technique that one of skill in the art would recognize. Thus, Claim 44 does not raise the concerns regarding pre- emption that the Supreme Court articulated in Alice Corp. Conclusion For at least these reasons, Applicants respectfully request reconsideration and allowance of Claim 44, together with its dependent claims. For at least certain analogous reasons, Applicants respectfully request reconsideration and allowance of independent Claims 49 and 54, together with their dependent claims. Claim Rejections under 35 U.S.C. § 103 The Office Action rejects Claims 44-58 under 35 U.S.C. § 103(a) as allegedly being unpatentable over U.S. Patent Application Publication No. 2014/0040368 to Janssens ("Janssens") in view of U.S. Patent Application Publication No. 2014/0162241 to Morgia ("Morgia"). Applicant traverses these rejections for the reasons discussed below. 30500388 Ex. G-169 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 16of17 The claimed technology was invented prior to August 6, 2012, which is the priority date of Janssens. 1 As evidence, Applicant submits the declaration of inventor Jonathan Badeen and its accompanying exhibits. Thus, pursuant to M.P.E.P. § 715, the Section 103 rejection using Janssens is overcome. Applicant respectfully requests reconsideration and allowance of all pending claims. Request for Evidentiary Support Should a rejection based on any of the above asserted rejections be maintained, Applicant respectfully requests appropriate evidentiary support. For example, if the Examiner is relying on alleged "common knowledge," alleged "well known" principles, "Official Notice," or other information within the Examiner's personal knowledge, Applicant respectfully requests that the Examiner cite a reference as documentary evidence in support of this position or provide an affidavit. See M.P.E.P. § 2144.03 and 37 C.F.R. § 1.104(d)(2). No Waiver Applicant's arguments and amendments are made without prejudice or disclaimer. By not responding to additional statements made by the Examiner, Applicant does not acquiesce to the additional statements. The distinctions between the applied references and the claims are provided as examples only and are sufficient to overcome the rejections. Applicant reserves the right to discuss additional or other distinctions in a later response or on appeal, if appropriate. 1 Janssens has a filing date of March 14, 2013, and claims priority to a provisional application No. 61/680,217, filed on August 6, 2012. 30500388 Ex. G-170 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 17of17 Conclusion Applicant has made an earnest attempt to place this case in condition for allowance. For at least the above reasons, Applicant respectfully requests full allowance of all pending claims. If a telephone conference would advance prosecution of this Application, the Examiner may contact Chad C. Walters, Attorney for Applicants, at 214.953.6511. The Examiner may also communicate with Chad Walters concerning this Application by electronic mail at chad.walters@bakerbotts.com. The Commissioner is authorized to charge the $200.00 one-month extension of time fee to Deposit Account No. 02-0384 of BAKER BOTTS L.L.P. Although Applicant believes no other fees are due, the Commissioner is authorized to charge any necessary additional fees and credit any overpayments to Deposit Account No. 02-0384 of Baker Botts L.L.P. Respectfully submitted, BAKER BOTTS L.L.P. Attorneys for Applicant ctlt~ Chad C. Walters Reg. No. 48,022 Telephone: 214.953.6511 Correspondence Address: Customer No: 05073 30500388 Ex. G-171 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of: Sean Rad et al. Serial No.: 15/016,662 Filing Date: Februaty 5, 2016 Group Art Unit: 2153 Examiner: Yuk Ting Choi Confirmation No.: 9869 Title: MATCHING PROCESS SYSTEM AND METHOD Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450 Dear Sir: DECLARATION PURSUANT TO 37 C.F.R. § 1.131 I, the undersigned, declare and state that: 1. I am over the age of 21 years, of sound mind, and competent in all respects to make this Declaration. 2. I am an inventor of the subject matter of the above-referenced application (the "Application"). 3. Prior to August 6, 2012 (the "Effective Date"), I gained a full understanding of the subject matter of at least the current version of the claims of the Application (attached as Exhibit A). 4. Attached as Exhibit B are screenshots and accompanying descriptions of a working application developed prior to the Effective Date. The application presented potential matches to a candidate. After the candidate expressed a preference regarding a potential match, the application automatically removes that potential match and presents the Ex. G-172 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 next potential match. The application was tested, prior to the Effective Date, to confirm that the functionality discussed above worked. 5. Prior to the Effective Date, I developed code that implemented using swiping gestures to express approval and disapproval of a potential match. Attached as Exhibit C are portions of that source code. 6. All of the work in conceiving and reducing to practice the subject matter of the cmTent version of the claims in the Application occurred in the United States. 7. I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true. Further, I declare that these statements are made with the knowledge that willful false statements, and the like so made, are punishable by fine or imprisonment, or both, under Section I 00 l, Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the Application or any patent issuing thereon. Signed this { r-L. day of,:::"e.Jr,r<> o....ry '2017. #~- Ex. G-173 78 EXHIBIT A Ex. G-174 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 Currently Pending Claims Claims 1-43 (Cancelled) 44. (Previously Presented) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Previously Presented) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture. Ex. G-175 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 47. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Previously Presented) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. Ex. G-176 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 49. (Previously Presented) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Previously Presented) The system of Claim 49, wherein the processor is further operable to detect a swiping direction associated with the gesture. 51. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present the first item of information as a first card of a stack of cards. 52. (Previously Presented) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. Ex. G-177 78 ATTORNEY'S DOCKET PA TENT APPLICATION 083523.0117 USSN 15/016,662 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. Ex. G-178 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 54. (Previously Presented) At least one non-transitory computer-readable medium compnsmg a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to detect a swiping direction associated with the gesture. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. Ex. G-179 78 ATTORNEY'S DOCKET PATENT APPLICATION 083523.0117 USSN 15/016,662 57. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. Ex. G-180 78 EXHIBITB Ex. G-181 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 tlrttfftt~ {!;)b_e,. ti-Iv~ ~.f/~~~. Ex. G-182 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 J:/ ~e--yo-u-~ ~d #, ~·~ f:tr. f;.h,, 'I- (j-(,1., tl.,a, w e.ll. ' ' Ex. G-183 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 Ex. G-184 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 111111 CP&G 3G 4:20 PM 0 ~ r ··' v •• • • •• '' ~""'v•·•·'"' •<' • •._.,, ' Ex. G-185 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 111111 __ AT&T ~ 5:17 PM --1 ~ c:;n 711 '7 2 nmtched on ·7 /'17 3 inatched on 7'/i7 0 Ex. G-186 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 an __ AT&T ~ 5:22 PM --1 · ~ Block this User Julv 'I 't~ 2012 ·1 e PM For sure ... it seems like we have a lot in common. How about some organic coffee?. know a gre.at place! Ex. G-187 78 ATTORNEY DOCKET NO. PATENT APPLICATION 083523.0117 15/016,662 RlllL_ AT&T ~ 11:06 AM 1' ' ~ Ex. G-188 78 EXHIBITC Ex. G-189 78 ATTORNEY DOCKET NO.: PA TENT APPLICATION 083523.0117 15/016,662 MBGameViewcontroller ABRIDGED II II MBGameviewcontroller.m II matchbox II II created by Jonathan Badeen on 616112. II Copyright (c) 2012 Hatch Labs. All rights reserved. II @implementation MBGameviewcontroller #pragma mark - Game & Cards - (void)updateGame { for (UIGestureRecognizer *gestureRecognizer in self.currentcard.gestureRecogn1zers) { gestureRecognizer.enabled = gameButtonsEnabled; } } - (MBCardview *)dequeueReusablecard { MBCardview *card= [self.reusablecards lastobject]; if (!card) { card= [[MBCardview alloc] init]; [card addGestureRecognizer:[[UIPanGestureRecognizer alloc] initWithTarget:self action:@selector(cardPanned:)]]; } ... for (UIGestureRecognizer *gestureRecognizer in card.gestureRecognizers) { gestureRecognizer.enabled = NO; } return card; } - (void)cardPanned:(UIPanGestureRecognizer *)gestureRecognizer { static CGPoint startLocation; static urrmageview *dislikermageview; static UIImageView *likeimageV1ew; CGFloat confirmedXTranslation = 100.0; CGFloat minconfirmedvelocity = 2000.0; CGPoint translation= [gestureRecognizer translationinView:self.currentCard]; switch (gestureRecognizer.state) { case UIGestureRecognizerstatePossible: break; case UIGestureRecognizerstateBegan: startLocation = [gestureRecognizer locationrnview:self.currentcard]; likermageview = [LUIImageView alloc] initWithrmage:[UIImage imageNamed:@"MBLikedstamp"J]; likermageView.transform = CGAffineTransformMakeRotation(M_PI_4 I 2.0 * -1); likermageview.center = CGPointMake(CGRectGetMidX(self.currentCard.bounds) - 45.0, Page 1 Ex. G-190 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 MBGameviewcontroller ABRIDGED CGRectGetMidY(self.currentcard.bounds) - 85.0); likeimageview.alpha = O; [self.currentcard addsubview:likeimageview]; dislikermageView = [[UIImageView alloc] initwithrmage:[UIImage imageNamed:@"MBNopestamp"]]; dislikermageview.transform = CGAffineTransformMakeRotation(M_PI_4 / 2.0 * 1); dislikeimageview.center = CGPointMake(CGRectGetM1dX(self.currentcard.bounds) + 45.0, CGRectGetMidY(self.currentcard.bounds) - 85.0); dislikermageview.alpha = O; [self.currentcard addsubview:dislikermageView]; self .nextcard.hidden = NO; case UIGestureRecognizerstatechanged: { CGFloat rotationoirection = startLocation.y / CGRectGetHeight(self.currentcard.bounds) < 0.5? 1: -1; CATransform3D translationTransform = CATransform3DMakeTranslation(translation.x, translation.y, O); CATransform3D rotationTransform = CATransform3DMakeRotation((M_PI * 2) * (translation.x / 5000.0), 0, O, rotationoirection); CATransform3D transform = CATransform3DConcat(translationTransform, rotationTransform); self.currentcard.layer.transform =transform; CGFloat startstampshowx = 30.0; likermageview.alpha = (translation.x - startstampshowX) I (confirmedXTranslat1on - startStampshowX); dislikermageView.alpha = (translation.x + startstampshowX) / (-confirmedXTranslation + startstampshowX); } break; case UIGestureRecognizerstateEnded: case UIGestureRecognizerstatecancelled: if (fabsf(translation.x) < confirmedXTranslation && [gestureRecognizer velocityrnview:self.currentcard].x < minconfirmedvelocity) { [UIView animateWithDuration:0.2 delay:O options:urviewAnimationcurveEaseout animations:A{ self.currentcard.transform = CGAffineTransformrdentity; lik~ImageView.alpha = O; dislikermageview.alpha = O; } completion:A(BOOL finished) { self.nextcard.hidden = YES; [likermageView removeFromsuperview]; [dislikeimageView removeFromsuperview]; }J; } else { NSTimeinterval maxDuration = 0.2; NSTimeinterval adjustedouration = maxDuration; [UIView animateWithDuration:adjustedDuration delay:O options:urviewAnimationcurveEaseout animations:A{ CGFloat direction = 1.0; if (translation.x > 0) { } else { direction= -1.0; } //CGFloat rotationDirection = startLocation.y I CGRectGetHeight(self.currentcard.bounds) < 0.5 ? -1: 1; CGFloat xPos = 400.0; CGAffineTransform translationTransform Page 2 Ex. G-191 78 ATTORNEY DOCKET NO.: PATENT APPLICATION 083523.0117 15/016,662 MBGameviewcontroller ABRIDGED CGAffineTransformMakeTranslation(xPos *direction, [(NSNumber '1<) [se 1f.currentcard.1 ayer va 1ueForKeyPath:@"transform. transl at ion. y"] fl oatva1ue]); //CGAffineTransform rotationTransform = CGAffi neTransformMakeRotati on((M_PI * 2) 'Ir (xPos I 5000. 0) ·~ rota ti onDi recti on); self.currentcard.transform = translationTransform; //CGAffineTransformconcat(translationTransform, rotationTransform); } completion:A(BOOL finished) { [likermageview removeFromsuperviewJ; [dislikeimageView removeFromsuperview]; MBUser *user = self.currentcard.user; [self updateGame]; if (translation.x < 0) { [[MBMatchboxAPI sharedMatchboxAPI] dislikeuser:user]; } else { [[MBMatchboxAPI sharedMatchboxAPI] likeUser:user completion:A(BOOL success, MBUser *user, BOOL isMatch) { if (success && isMatch) { MBNewMatchviewcontroller *vc = [[MBNewMatchviewcontroller alloc] init]; vc.matcheduser = user; vc.backgroundscreenshot = [urrmage imageWithview:self.view]; [self presentviewcontroller:vc animated:NO completion:A{ }J; } }J; } }J; } break; case UIGestureRecognizerstateFailed: break; default: break; } } @end Page 3 Ex. G-192 78 Electronic Patent Application Fee Transmittal Application Number: 15016662 Filing Date: 05-Feb-2016 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Filer: Clarke W. Stavinoha/Laurie Scott Attorney Docket Number: 083523.0117 Filed as Large Entity Filing Fees for Utility under 35 USC 111 (a) Sub-Total in Description Fee Code Quantity Amount USO($) Basic Filing: Pages: Claims: Miscellaneous-Filing: Petition: Patent-Appeals-and-Interference: Post-Allowance-and-Post-Issuance: Extension-of-Time: Ex. G-193 78 Sub-Total in Description Fee Code Quantity Amount USO($) Extension - 1 month with $0 paid 1251 1 200 200 Miscellaneous: Total in USO($) 200 Ex. G-194 78 Electronic Acknowledgement Receipt EFSID: 28624327 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Clarke W. Stavinoha/Laurie Scott Filer Authorized By: Clarke W. Stavinoha Attorney Docket Number: 083523.0117 Receipt Date: 14-MAR-2017 Filing Date: 05-FEB-2016 Time Stamp: 14:33:52 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment yes Payment Type DA Payment was successfully received in RAM $200 RAM confirmation Number 0315171NTEFSW00000758020384 Deposit Account 020384 Authorized User Laurie Scott The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: 37 CFR 1.16 (National application filing, search, and examination fees) 37 CFR 1.17 (Patent application and reexamination processing fees) Ex. G-195 37 Case CFR 1.196:18-cv-00080-ADA-JCM (Document supply fees) Document 30-12 Filed 10/11/18 Page 197 of 278 37 CFR 1.20 (Post Issuance fees) 37 CFR 1.21 (Miscellaneous fees and charges) File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 812949 0835230117RespFOA031317. 1 yes 17 PDF 53c3db7c3df5f0f00ee02c02b0fc39ac8b9c~ 4b1 Multipart Description/PDF files in .zip description Document Description Start End Response After Final Action 1 1 Claims 2 7 Applicant Arguments/Remarks Made in an Amendment 8 17 Warnings: Information: 1087738 2 Affidavit-Rule 131-pre-AIA (FTI) ONLY 0835230117Dec0311317.PDF no 21 ef002ea24cc83cde230000bed417cc54da7 986c5 Warnings: Information: 30387 3 Fee Worksheet (SB06) fee-info.pdf no 2 c0f9931607e 7d98246f4b7efb5994c01 b54f 6a95 Warnings: Information: Total Files Size (in bytes) 1931074 Ex. 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CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 083523.0117 9869 5073 7590 11/21/2016 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 11/21/2016 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) Ex. G-199 Case 6:18-cv-00080-ADA-JCM Document 30-12 Filed 10/11/18 Applicant(s) Application No. Page 201 of 278 15/016,662 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 1012712016. 0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _ _. 2a)~ This action is FINAL. 2b)0 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 C.D. 11, 453 O.G. 213. Disposition of Claims* 5)~ Claim(s) 44-58 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) 44-58 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:ilwww.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPHfeedback(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 Ex. G-200 Part of Paper No./Mail Date 20161114 78 Application/Control Number: 15/016,662 Page 2 Art Unit: 2153 DETAILED ACTION Response to Amendment 1. This office action is in response to applicant's communication filed on 10/27/2016 in response to PTO Office Action mailed 08/09/2016. The Applicant's remarks and amendments to the claims and/or the specification were considered with the results as follows. 2. In response to the last Office Action, claims 44, 46, 48, 49, 50, 52, 54, 55 and 57 have been amended. As a result, claims 44-58 are pending in this office action. Response to Arguments 3. Applicant's arguments with respect to claims 44-58 have been fully considered but are moot in view of the new ground(s) of rejection. Applicant's argument with respect to 101 rejection states as "Detecting and acting upon the claimed preference indication is not simply and retrieving information as the office action contends ... ". In response to Applicant's argument, the Examiner disagrees because detecting the claimed "preference indication" is just detecting a preference response from a user and the recited method does not include additional elements beyond the abstract idea of identify related information and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record. Ex. G-201 78 Application/Control Number: 15/016,662 Page 3 Art Unit: 2153 Applicant's argument with respect to the 102 rejection states as "Janssens still does not disclose the claimed limitations because they require expressing a preference on the item being presented". In response to Applicant's argument, the Examiner disagrees because when the user clicks on the right arrow to look at the next match, the user may or may not satisfied with the current match and the user has shown his/her preference to check out another profile. Therefore, the Janssens reference teaches a preference indication associated with the first item of information when the user has expressed interest to look another profile when he/she clicks on the right arrow. Applicant has amended the claim to recite a "positive preference indication" and after consideration, the Examiner has incorporated a newly cited reference to teach the amended feature. Claim Rejections - 35 USC § 101 4. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 44-58 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In claim 44, a "method" is being recited. The claim is directed to a method includes a series of steps or acts for presenting a graphical representation of a first item of information; detecting a gesture associated with the graphical representation of the first item of information, Ex. G-202 78 Application/Control Number: 15/016,662 Page 4 Art Unit: 2153 storing the positive preference indication associated with the first item of information in response to detect the gesture and automatically presenting a graphical representation of a second item of information in response to detecting the gesture. In other words, the claim recites identifying related information and returning a record in response to user's response. It is similar to other concepts that have identified as abstract by the courts, such as using categories to organize, store and transmit information in Cyberfone, or comparing new and stored information and using rules to identifying options in SmartGene. The additional step automatically removing the graphical representation of the first item of information in response to detect the gestures the abstract idea, but do not make it less abstract. The claim does not include additional elements beyond the abstract idea of identify related information and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record. Therefore, claim 44 is not patent eligible. Claims 45-48 do not have additional elements add significantly more to the abstract idea of data retrieval of a record. Thus, claims 44-48 are not patent eligible. Claims 49 and 54 recited similar features as recited in claims 44, therefore claims 50-53 and 55-58 also do not have additional elements add significantly more to the abstract idea of data retrieval of a record, and they are not patent eligible. Claim Rejections - 35 USC§ 103 5. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, 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 Ex. G-203 78 Application/Control Number: 15/016,662 Page 5 Art Unit: 2153 said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. 6. Claims 44-58 are rejected under 35 U.S.C. 103(a) as being unpatentable by Janssens (US 2014/0040368A1) and in view of Morgia et al. (US 2014/0162241A1), hereinafter Morgia. Referring to claims 44, 49 and 54, Janssens discloses a method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information (See para. [0046] and Figure 3, displaying a card or a profile from a plurality of cards or profiles of users on a Card-feed pane 303); detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a preference indication associated with the first item of information (See para. [0046] and para. [0047] and Figure 3, a form of user interaction is received, e.g. the user is clicking the right [forward] arrow, the right [forward] arrow enables the user to view other cards within the card-feed, the gesture clicking the right [forward] arrow indicates user is interested to view a new card [profile] or a previously viewed card [profile]); storing the preference indication associated with the first item of information in response to detecting the gesture (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow); automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the Ex. G-204 78 Application/Control Number: 15/016,662 Page 6 Art Unit: 2153 gesture (See para. [0049], automatically replace the currently displayed card in the card- feed area 303 with another card in the feed when clicking on the right arrow); and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture (See para. [0049], automatically replace the currently displayed card in the card-feed area 303 with another card in the feed when clicking on the right arrow, the first profile or the first card has been removed to display the next card in the feed). Janssens does not explicitly disclose detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information. Morgia discloses detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information and storing the positive preference indication associated with the first item of information in response to detecting the gesture (See para. [01206] and Figures 84A-D, the system presents a list of items to an user, the user can swipe an item to the left to indicate that the item is a bad idea or swipe to the right to indicate that is a favored item, the graphical interface shows icons appearing next to items that have swiped, with a thumbs up icon appear next to an item that has been swiped to the right and a trash icon appear next to the item that has been swiped to the left). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch- screen movement detection module of Janssens 's system to comprise: the gesture corresponding to a positive preference indication associated with the first item of information, as taught by Morgia, in order to include feedback Ex. G-205 78 Application/Control Number: 15/016,662 Page 7 Art Unit: 2153 mechanisms to allow the system to be a true-two way communication tool (See Morgia, para. [0074]). As to claims 45, 53 and 58, Janssens discloses wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information (See para. [0044]- para. [0048] and Figure 3, presenting interface controls such as card-feed pane 303, chat pane 312, right or forward button 307, contact list pane 302 and etc. configured to allow a second profile or card to be displayed when the user performs a right arrow button on the first card or the profile). As to claims 46, 50 and 55, Janssens discloses wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture (See para. [0047], the system detects different forms of user interaction maybe used to indicate to the system that a new card or previously viewed card is to be displayed such as clicking, mouse dragging, hovering, swiping, gesturing and so on). As to claims 47, 51 and 56, Janssens discloses presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards (See para. [0046] and Figure 3, displaying a card or a profile from a plurality of cards or profiles of users on a Card-feed pane 303); Ex. G-206 78 Application/Control Number: 15/016,662 Page 8 Art Unit: 2153 As to claims 48, 52, and 57, Janssens discloses the first item of information comprises a first user profile; the second item of information comprises a second user profile (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow); and the preference indication associated with the first item of information [ ... ] associated with the first user profile (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow). Janssens does not explicitly disclose the positive preference indication associated with the first item of information comprises an expression of approval. Morgia discloses the positive preference indication associated with the first item of information comprises an expression of approval (See para. [01206] and Figures 84A-D, the system presents a list of items to a user, the user can swipe an item to the right to indicate that is a favored item). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch- screen movement detection module of Janssens 's system to comprise: the gesture corresponding to a positive preference indication associated with the first item of information, as taught by Morgia, in order to include feedback Ex. G-207 78 Application/Control Number: 15/016,662 Page 9 Art Unit: 2153 mechanisms to allow the system to be a true-two way communication tool (See Morgia, para. [0074]). Conclusion 7. 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 extension fee 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 date of this final action. 8. 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. 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 9:30 AM - 6:00 PM EST. Ex. G-208 78 Application/Control Number: 15/016,662 Page 1O Art Unit: 2153 If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Christyann Pulliam can be reached on (571) 270-1007. 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 2164 Ex. G-209 78 Application/Control No. Applicant(s)/Patent Under Reexamination 15/016,662 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-2014/0162241 A 1 06-2014 Morgia; Michael A. G06Q30/02 434/362 B US- c US- D US- 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. 20161114 Ex. G-210 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11 /14/2016 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.: 20161114 Ex. G-211 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 11 /14/2016 37 38 39 40 41 42 43 44,/,/ 45,/,/ 46,/,/ 47,/,/ 48,/,/ 49,/,/ 50,/,/ 51,/,/ 52,/,/ 53,/,/ 54,/,/ 55,/,/ 56,/,/ 57,/,/ 58,/,/ U.S. Patent and Trademark Office Part of Paper No.: 20161114 Ex. G-212 EAST Search History 78 EAST Search History EAST Search History (Prior Art} IEJBl~::::::~::~~::::~::::::::::::::::::::::::::::::::::::::::::::::::::::]l~~:::::::::::::::::::::::J~;~~~~;]EJ~i;;~:::::::J IS109!50 i(positivefavor$5interest$3)near20 !U&PGPUB; !OR !OFF l2016/11/14! I j j (swip$3 flip$3) near20 list ! USPAT; j j l 12:01 j i i i i USOCR· FPRS· i i i i I:: i EPO; JPo;,:: I: ! ! ! i DERWENT; i i l i j ____________: _________________________________________________________________________________________] ~-~~=!g_~___________ j _________________________: ___________________] __________________________: I: J~~1:11/J 1 ____________ 8108 I [ J:~~~;~:~~i~=~;0~~(J,;)·~~~20J~~t;C IS1 07 i15 I~~~:;~~:n~v~~i~~~;~~~~;:r~~0near20 I~p~PUB; I I I~~1;.(11 W,J OR OFF I I I l(:1:~~fl1~3)n:~~~1,~ J!?~~;I I 20110087974" ~d~ip$3 1 ~;rr 1 .. 0FF ~~\~11/W 1 1 Ex. G-213 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 11114/2016 2:55:46 PM] EAST Search History 78 l~~___j~~~~ Iffi9 I I; 4 ~~;:i2" and present$3 near! 0 I~;rr I~ I~~1~ 11/ w i,',,',,', 9 !! (near20 chang$3 flip$5 (next display$3 another present$3 second other)) i. OR i ! near20 (person picture$3 profile$3) ' USOCR· FPRS·' i ' near20 (positive approval liked love$3 l EPO; JPo; 'lI II !j favorite$3) near10 (indication button ! DERWENT;,.··'I ··'I .. I, ! icon gesture) ! I BM_TDB,,;, l~'',,,,0',,,,,~~00-',,,,,oFF__________j~ ~:~-1- 1'/'1'4'1 I I~~+, I I I i,',,',,', 25 !! (near20 chang$3 flip$5 picture$3 (person display$3 profile$3) present$3) i. OR i ! near20 (positive approval liked love$3 'USOCR· FPRS·' i ' II !favorite$3) near10 (indication button j icon gesture) and (dating match$3) l! EPO; JPo; DERWENT; 'l i.,.··'I ··'I .. I, ! near10 (profile$3 people) ! I BM_TDB,,;, 111~~11~ I I: i ! network and match$3 near10 i (profile$3) ! - i i l: I BM TDB i::;: I88()"'"11'2"""1 (cii~~-1~;$;--~;~~~~t'$'3"~h~~$3"tl'i~$5"""""i u&ffipu'8':""""1 oP:"""""""'"1 OFF"""""i 2()'1'6/'1'1/'1'41 I j j scan$5) near20 (member$3 profile) ! USPAT; j j l 10:39 j I ! ! near20 (positive approval liked love$3 ! USOCR; FPRS; ! ! l ! I ! !favorite$3) near10 (indication button ! EPO; JPO; ! ! l ! I ! ! icon gesture) and (social) near5 ! DERWENT; ! ! l ! I i i network and match$3 near10 i ! I BM TDB i l i I i i (profile$3) - i i i l i I 879-----17---------1.:201'3()'1'1'7264::-------------------------------------------------------; u&-;;<;;;;J13~---------1 oR------------------1 oFF---------~ 2'()'1'6/'1'1'/'1'41 i i i i USPAT i i i 10·36 i I::: USOCR· FPRS·:: l .: I:: iEPO; JPo;,:: I: I j j i DERWENT; j j l j I_____________: ___________: _________________________________________________________________________________________! ___________ __: ________________________ _: _________________J__________________________ _: _i__~_IY!=IQ_~ Ii 878 l,',,',, ! 236 ! scan$5) (display$3 present$3 near20 show$3profile) (member$3 flip$5 i U&PGPUB; USPAT; . OR ! l, l,',,',, OFF l 2016/11/14! 10:34 ! I !near20 (positive approval liked love$3 j USOCR; FPRS; ! i i I I'.:'~'~:!~),.)ear10 (indication button I~~f; I I I 1 _____________ j """"""] """"""""""""""""""""""""""""""""""""""""""""_: !_§~=-!-~§____________) """""""""""'"] """"""""""' """""""""""""] IS771347 l~~I~E~~!~~~rg~~w~~:~!o i~;rr I~ 1~~1;~111w I_ _ _ _ _ _ _,_ _ _ _ __j ~ -~-~ ~-~- ~-~ -~- ~-~ -~-~ ~ - - - - - - - - - - - - - - - - - - - - - ] L~_IY!=IQ_~____________ j _________________________, ___________________,___________________________, lr-ir-1:I Ex. G-214 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 11114/2016 2:55:46 PM] EAST Search History 78 874 l,',,',,', 4 !!(display$3present$3show$3flip$5 scan$5) near20 (second another ijU&PGPUB; USPAT; .l,OR l,',,,',,,',,OFF ll2016/11/14! 10:28 i ! alternate other) near10 (profile j USOCR; FPRS; ! l i, 1[~{B~:~~~z~~~~:~~~~~: i ~~~, L, J i 11/ 14/ 2016 2:55:42 PM C:\ Users\ cchoi\ Documents\ EAST\ Workspaces\ 15016662_matching_process_system_and_method.wsp Ex. G-215 EASTSearchHistory .150 l 6662_Accessible Version.htm[ 11114/2016 2:55:46 PM] 78 Application/Control No. Applicant(s)/Patent Under Reexamination Search Notes 15016662 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 CPC-SEARCHED Symbol I Date I Examiner H04L67/306 OR G06F17/30011 OR G06F17/3053 I 7/19/2016 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 H04L67/306 OR G06F17/30011 OR G06F17/3053 and East Text Search, 7/19/2016 YC see attached search history Google NPL Search 11/14/2016 YC East text search, see attached search history 11/14/2016 YC IDS Search and Assignee 7/19/2016 YC Counsulted Paul Rodriguez for 101 MQAS TC2100 11/14/2016 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 Ex. G-216 Part of Paper No.: 20161114 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 1 of 11 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE First Named Inventor: Sean Rad Filed: February 5, 2016 Group Art Unit: 2164 Confirmation No. 9869 Examiner: Yuk Ting Choi Title: Matching Process System and 1J!/ethod Mail Stop Amendment Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 Dear Sir: Response under 37 C.F.R. § 1.111 In response to the non-final Office Action dated August 9, 2016, Applicant respectfully requests the Examiner to reconsider the rejection of the claims in view of the following remarks. 27554704 Ex. G-217 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 2of11 In the Claim Claims 1-43 (Cancelled) 44. (Currently Amended) A method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; storing the positive preference indication associated with the first item of information in response to detecting the gesture; automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 45. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 46. (Currently Amended) The method of Claim 44, wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture:, the swiping direetion indieating approval of the first item of information. 27554704 Ex. G-218 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 3of11 4 7. (Previously Presented) The method of Claim 44, wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards. 48. (Currently Amended) The method of Claim 44, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 27554704 Ex. G-219 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 4of11 49. (Currently Amended) A system, comprising: an interface operable to: present a graphical representation of a first item of information of a plurality of items of information; a processor coupled to the interface and operable to: detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; and the interface further operable to: automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and automatically remove the graphical representation of the first item of information in response to detecting the gesture. 50. (Currently Amended) The system of Claim 49, wherein the processor is further operable to [[:]] detect a swiping direction associated with the gesture:. t-tmd deteFmine that the s'wiping diFeetien indieates RJ>J>Feval ef the fiFst item ef infeFmatien. 51. (Previously Presented) The system of Claim 49, wherein the interface 1s further operable to present the first item of information as a first card of a stack of cards. 52. (Currently Amended) The system of Claim 49, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 27554704 Ex. G-220 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 5of11 53. (Previously Presented) The system of Claim 49, wherein the interface is further operable to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 27554704 Ex. G-221 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 6of11 54. (Currently Amended) At least one non-transitory computer-readable medium comprising a plurality of instructions that, when executed by at least one processor, are configured to: present, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information; detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; store the positive preference indication associated with the first item of information in response to detecting the gesture; automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 55. (Currently Amended) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to [[:]] detect a swiping direction associated with the gesture~ t-aml determine that the swiping direetion indieates a1313ro·1al of the first item of information. 56. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are configured to present the first item of information as a first card of a stack of cards. 27554704 Ex. G-222 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 7of11 57. (Currently Amended) The at least one non-transitory computer-readable medium of Claim 54, wherein: the first item of information comprises a first user profile; the second item of information comprises a second user profile; and the positive preference indication associated with the first item of information comprises an expression of approval for a user associated with the first user profile. 58. (Previously Presented) The at least one non-transitory computer-readable medium of Claim 54, wherein the plurality of instructions are further configured to present user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information. 27554704 Ex. G-223 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 8of11 REMARKS This Application has been reviewed carefully in light of the non-final Office Action dated August 9, 2016. Applicant appreciates the Examiner's consideration of the Application. Although Applicant believes all claims are allowable without amendment. to advance prosecution, Applicant amends Claims 44, 46, 48, 49, 50, 52, 54, 55, and 57. For at least the reasons discussed below, Applicant respectfully requests reconsideration and favorable action. Request for Interview If the Examiner intends to issue a new Office Action in response to this submission, in the interest of compact and efficient prosecution, Applicant respectfully requests that the Examiner contact Applicant's attorney prior to issuing the new Office Action to discuss a possible resolution to any outstanding issues. Claim Rejections under 35 U.S.C. § 101 The Office Action rejects Claims 44-58 under 35 U.S.C. § 101 alleging that the claimed invention is directed to non-statutory subject matter. Applicant traverses. The Examiner has impermissibly simplified the claims and has ignored key claim limitations in contravention to Federal Circuit authority. McRO, Inc. v. Bandai Namco Games America, 2015-1080, Slip Op. at 21 (Fed. Cir. September 13, 2016). In particular, the Office Action states: "The claim does not include additional elements beyond the abstract idea of identify [sic] related information and returning a record." Office Action at 3. This impermissibly oversimplifies the claim and the McRO decision is analogous. Here, as in McRO, the claims do not recite about retrieving information as the Examiner alleges. Rather, Claim 44 recites a specific manner of improving the operation of a computing device: • detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. 27554704 Ex. G-224 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 9of11 As just one example, detecting and acting upon the claimed "preference indication" is not simply identifying and retrieving information as the Office Action contends. This is true of all the pending claims. Therefore, Applicant respectfully requests reconsideration and allowance of the pending claims. Claim Rejections under 35 U.S.C. § 102 The Office Action rejects Claims 44, 45, 47, 49, 51, 53, 54, 56 and 58 under 35 U.S.C. § 102(a)(l) as allegedly being anticipated by U.S. Patent Application Publication No. 2014/0040368 Al to Janssens ("Janssens"). Applicant traverses because the cited portions of Janssens does not disclose all of the limitations of these claims. Therefore, Applicant requests reconsideration and allowance of all pending claims. For example, the cited portions of Janssens fails to disclose, or even teach or suggest, the following limitations of Claim 44: • detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. The Examiner does not dispute that the cited portions of Janssens discloses a user activating an arrow to move from viewing one profile to another. Office Action at 4. Applicant disagrees with the Examiner that this discloses any form of preference indication as the user is simply navigating to another item. For this reason alone, Janssens does not anticipate the claim. In addition, even under the Examiner's interpretation that activating an arrow to proceed to another profile represents a user's interest a new profile, the cited portions of Janssens still does not disclose the claimed limitations because they require expressing a preference on the item being presented: "detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information[.]" In contrast, the Examiner's erroneous interpretation of Janssens, even if accepted, merely amounts to the 27554704 Ex. G-225 78 ATTORNEY'S DOCKET PA TENT APPLICATION 076533.0150 USSN 15/016,662 10of11 user expressing interest in another profile that is not being shown. Moreover, expressing interest in seeing a new profile does not disclose a positive preference indication for the item being presented to the user as the claim requires. Therefore, the cited portions of Janssens do not anticipate Claim 44. For analogous reasons, the cited portions of Janssens do not anticipate Claims 49 and 54. As examples, the following limitations Claim 49 are not disclosed by Janssens: • detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • automatically present, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture; and • automatically remove the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture. As examples, the following limitations Claim 54 are not disclosed by Janssens: • detect a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a positive preference indication associated with the first item of information; • automatically present a graphical representation of a second item of information of the plurality of items of information in response to the processor detecting the gesture; and • automatically remove the graphical representation of the first item of information in response to detecting the gesture. Therefore, Applicant respectfully requests reconsideration and allowance of Claims 44, 49, and 54 as well as its dependent claims. Claim Rejections under 35 U.S.C. § 103 The Office Action rejects Claims 46, 48, 50, 52, 55 and 57 under 35 U.S.C. § 103(a) as allegedly being unpatentable over Janssens and in view of U.S. Patent Application Publication No. 2011/0087974 Al to Kulas ("Kulas"). For the reasons discussed above regarding the Section 102 rejection, Applicant traverses the Section 103 rejection and respectfully requests reconsideration and allowance of these claims. 27554704 Ex. G-226 78 ATTORNEY'S DOCKET PATENT APPLICATION 076533.0150 USSN 15/016,662 11 of 11 Conclusion Applicant has made an earnest attempt to place this case in condition for allowance. For at least the above reasons, Applicant respectfully requests full allowance of all pending claims. If the Examiner believes a telephone conference would advance prosecution of this Application in any way, the Examiner is invited to contact the undersigned Attorney for Applicant at the Examiner's convenience. Applicant believes no fees are due. However, the Commissioner is authorized to charge any necessary fees and credit any overpayments to Deposit Account No. 02-0384 of Baker Botts L.L.P. Respectfully submitted, BAKER BOTTS L.L.P. Attorneys for Applicant Roshan S. Mansinghani Reg. No. 62,429 Date: I ofrJ- 7/cl OJ&:> ~~-+,~~~Ir-~~~~~ Correspondence Address: Customer No: 05073 27554704 Ex. G-227 78 Electronic Acknowledgement Receipt EFSID: 27336255 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Roshan Suresh Mansinghani/Laurie Scott Filer Authorized By: Roshan Suresh Mansinghani Attorney Docket Number: 076533.0150 Receipt Date: 27-0CT-2016 Filing Date: 05-FEB-2016 Time Stamp: 09:45:29 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment no I File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 417163 0765330150Resp0A 102716. 1 yes 11 PDF 18ccb6802843f012d6Saf07994bf94160cfc ee9 Ex. G-228 Case 6:18-cv-00080-ADA-JCM Document Multipart 30-12 files Description/PDF Filed 10/11/18 in .zip Page 230 of 278 description Document Description Start End Amendment/Req. Reconsideration-After Non-Final Reject 1 1 Claims 2 7 Applicant Arguments/Remarks Made in an Amendment 8 11 Warnings: Information: Total Files Size (in bytes) 417163 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Agglications Under 35 U.S.C. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. 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CONFIRMATION NO. 15/016,662 02/05/2016 Sean Rad 076533.0150 9869 5073 7590 08/09/2016 EXAMINER BAKER BOTTS L.L.P. 2001 ROSS AVENUE CHOI, YUK TING SUITE 600 DALLAS, TX 75201-2980 ART UNIT PAPER NUMBER 2164 NOTIFICATION DATE DELIVERY MODE 08/09/2016 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) Ex. G-231 Case 6:18-cv-00080-ADA-JCM Document 30-12 Filed 10/11/18 Applicant(s) Application No. Page 233 of 278 15/016,662 RAD ET AL. Office Action Summary Examiner Art Unit AIA (First Inventor to File) Status YUK TING CHOI 2164 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 0210512016. 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 C.D. 11, 453 O.G. 213. Disposition of Claims* 5)~ Claim(s) 44-58 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) 44-58 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:ilwww.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPHfeedback(wuspto.aov. Application Papers 10)0 The specification is objected to by the Examiner. 11)~The drawing(s) filed on 0210512016 is/are: a)~ 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) ~ Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mail Date 0210512016. 4) 0 Other: _ _ . U.S. Patent and Trademark Office PTOL-326 (Rev. 11-13) Office Action Summary Ex. G-232 Part of Paper No./Mail Date 20160719 78 Application/Control Number: 15/016,662 Page 2 Art Unit: 2164 DETAILED ACTION 1. Application No: 15/016,661 filed on 02/05/2016 is being examined AIA first to invent provisions. A preliminary amendment filed on 02/04/2015 canceled claims 1-43 and new claims 44-58 are added. Claims 44-58 are pending. IDS 2. The information disclosure statements (IDS) submitted on 02/05/2016 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings 3. The drawings received on 02/05/2016 are accepted by the Examiner. Priority 4. Acknowledgment is made of applicant's claim for domestic priority based on a provisional application no. 61/793,866 filed on 03/15/2013. Claim Rejections - 35 USC § 101 5. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 44-58 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Ex. G-233 78 Application/Control Number: 15/016,662 Page 3 Art Unit: 2164 In claim 44, a "method" is being recited. The claim is directed to a method includes a series of steps or acts for presenting a graphical representation of a first item of information; detecting a gesture associated with the graphical representation of the first item of information, storing the preference indication associated with the first item of information in response to detect the gesture and automatically presenting a graphical representation of a second item of information in response to detecting the gesture. This concept is related to using categories to organize, store and transmit information and as well as data recognition and storage which has been identified to be abstract idea by the courts. The additional step automatically removing the graphical representation of the first item of information in response to detect the gestures the abstract idea, but do not make it less abstract. The claim does not include additional elements beyond the abstract idea of identify related information and returning a record. The recited steps or acts e.g. detecting, storing, presenting and removing perform only basic generic computer/server data retrieval functions, which are common to all content service. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of data retrieval of a record. Therefore, claim 44 is not patent eligible. Claims 45-48 do not have additional elements add significantly more to the abstract idea of data retrieval of a record. Thus, claims 44-48 are not patent eligible. Claims 49 and 54 recited similar features as recited in claims 44, therefore claims 50-53 and 55-58 also do not have additional elements add significantly more to the abstract idea of data retrieval of a record, and they are not patent eligible. Claim Rejections - 35 USC§ 102 6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the Ex. G-234 78 Application/Control Number: 15/016,662 Page 4 Art Unit: 2164 statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless - (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 7. Claims 44, 45, 47, 49, 51, 53, 54, 56 and 58 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Janssens (US 2014/0040368A1). Referring to claims 44, 49 and 54, Janssens discloses a method of navigating a user interface, comprising: presenting, on a graphical user interface, a graphical representation of a first item of information of a plurality of items of information (See para. [0046] and Figure 3, displaying a card or a profile from a plurality of cards or profiles of users on a Card-feed pane 303); detecting a gesture associated with the graphical representation of the first item of information, the gesture corresponding to a preference indication associated with the first item of information (See para. [0046] and para. [0047] and Figure 3, a form of user interaction is received, e.g. the user is clicking the right [forward] arrow, the right [forward] arrow enables the user to view other cards within the card-feed, the gesture clicking the right [forward] arrow indicates user is interested to view a new card [profile] or a previously viewed card [profile]); storing the preference indication associated with the first item of information in response to detecting the gesture (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system Ex. G-235 78 Application/Control Number: 15/016,662 Page 5 Art Unit: 2164 tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow); automatically presenting, on the graphical user interface, a graphical representation of a second item of information of the plurality of items of information in response to detecting the gesture (See para. [0049], automatically replace the currently displayed card in the card- feed area 303 with another card in the feed when clicking on the right arrow); and automatically removing the graphical representation of the first item of information from the graphical user interface in response to detecting the gesture (See para. [0049], automatically replace the currently displayed card in the card-feed area 303 with another card in the feed when clicking on the right arrow, the first profile or the first card has been removed to display the next card in the feed). As to claims 45, 53 and 58, Janssens discloses wherein presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting user interface controls such that all user interface controls configured to cause another item of information of the plurality of items of information to be displayed are associated with performing an action on the first item of information (See para. [0044]- para. [0048] and Figure 3, presenting interface controls such as card-feed pane 303, chat pane 312, right or forward button 307, contact list pane 302 and etc. configured to allow a second profile or card to be displayed when the user performs a right arrow button on the first card or the profile). As to claims 47, 51 and 56, Janssens discloses presenting the graphical representation of the first item of information of the plurality of items of information comprises presenting the first item of information as a first card of a stack of cards (See para. [0046] and Figure 3, Ex. G-236 78 Application/Control Number: 15/016,662 Page 6 Art Unit: 2164 displaying a card or a profile from a plurality of cards or profiles of users on a Card-feed pane 303); Claim Rejections - 35 USC§ 103 8. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, 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. 9. Claims 46, 48, 50, 52, 55, and 57 are rejected under 35 U.S.C. 103(a) as being unpatentable over Janssens (US 2014/0040368 A1) and in view of Kulas (US 2011/0087974 A1). As to claims 46, 50 and 55, Janssens discloses wherein detecting the gesture associated with the graphical representation of the first item of information comprises detecting a swiping direction associated with the gesture (See para. [0047], the system detects different forms of user interaction maybe used to indicate to the system that a new card or previously viewed card is to be displayed such as clicking, mouse dragging, hovering, swiping, gesturing and so on). Janssens does not explicitly disclose the swiping direction indicating approval of the first item of information. Kulas discloses the swiping direction indicating approval of the first item of information (See para. [0027], a user can swipe upward to indicate approval). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch- screen movement detection module of Janssens 's system to comprise: the swiping direction indicating approval of the first item of Ex. G-237 78 Application/Control Number: 15/016,662 Page 7 Art Unit: 2164 information, as taught by Kulas, in order to improve the service provided to a user by determining ways of identifying a user's state of mind (See Kulas, para. [0004]). As to claims 48, 52, and 57, Janssens discloses the first item of information comprises a first user profile; the second item of information comprises a second user profile (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow); and the preference indication associated with the first item of information [ ... ] associated with the first user profile (See para. [0047], the system maintains a history of which cards of a given has viewed and the user's interactions with a given card, e.g. the system tracks whether the user has viewed the first profile or the first card on the card-feed pane, and the system indicates whether the next card is to be displayed is a new or previously viewed card when user clicks on the right [forward] arrow). Janssens does not explicitly disclose the preference indication associated with the first item of information comprises an expression of approval. Kulas discloses the preference indication associated with the first item of information comprises an expression of approval (See para. [0027], a user can swipe upward to indicate approval). Hence, it would have been obvious to one having ordinary skill in the art at the time of invention was made to modify the sensitive touch- screen movement detection module of Janssens 's system to comprise: the swiping direction indicating approval of the first item of Ex. G-238 78 Application/Control Number: 15/016,662 Page 8 Art Unit: 2164 information, as taught by Kulas, in order to improve the service provided to a user by determining ways of identifying a user's state of mind (See Kulas, para. [0004]). Conclusion 1O 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. 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 9:30 AM - 6:00 PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Christyann Pulliam can be reached on (571) 270-1007. 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. Ex. G-239 78 Application/Control Number: 15/016,662 Page 9 Art Unit: 2164 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 2164 Ex. G-240 78 Application/Control No. Applicant(s)/Patent Under Reexamination 15/016,662 RAD ET AL. Notice of References Cited Examiner Art Unit Page 1 of 1 YUK TING CHOI 2164 U.S. PATENT DOCUMENTS Document Number Date * Country Code-Number-Kind Code MM-YYYY Name CPC Classification US Classification * A US-2014/0040368 A 1 02-2014 Janssens; Olivier Maurice Maria H04L67/306 709/204 * B US-2011/0087974 A 1 04-2011 Kulas; Charles J. G06 F3/04812 715/760 * c US-7,203,674 B2 04-2007 Cohen; Morgan G06Q10/02 707/999.003 * D US-9,009, 109 B2 04-2015 Tan; Min-Liang G06F17/30699 705/26.1 * E US-7,401,098 B2 07-2008 Baker; Benjamin D. H04L12/1818 707/999.006 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. 20160719 Ex. G-241 78 Page Io f-·· I ---- PT0-1449 Application No. Applicant(s) 15/016662 Sean Rad et al. Information Disclosure Citation Docket Number -·-· Group Art Unit Filing Date in an Application 2164 076533.0150 02/05/2016 U.S. PATENT DOCUMENTS DOCUMENT NO. DATE NAME CLASS SUBCLASS FILING DATE A 8,566,327 10/22/2013 Carrico et al. B c ----- D U.S. PUBLICATION DOCUMENTS DOCUMENT NO. DATE NAME CLASS SUBCLASS FILING DATE E 2014/007 4824 03/13/2014 Rad et al. . ~--- F -~--~~ G H NON-PATENT DOCUMENTS DOCUMENT (Including Author, Title, Source, and Pertinent Pages) DATE I Chegg® Blog, Chegg® Product Updates, "Introducing the Chegg Flashcards App," Dated http://blog.chegg.com/2012/02/03/introducing-the-chegg-flashcards-app/, 10 pages 02/03/2012 Printed -· 02/05/2016 J ·~-- K L M N 0 p Q .. R EXAMINER DATE CONSIDERED /Yuk Tinq Choi/ AO ff"\"'- !r'il'\~ C: EXAMINER: initial if citation considered, whether or not citation is in -coiiforfuance with MPEP § 609. Draw line through citation if not in conformance and not considered. Include copy of this form with next communication to the applicant. U.S. Patent and Trademark Office ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. /C.C.i Ex. G-242 78 Application/Control No. Applicant(s)/Patent Under Reexamination Search Notes 15016662 RAD ET AL. Examiner Art Unit YUK TING CHOI 2164 CPC-SEARCHED Symbol I Date I Examiner H04L67/306 OR G06F17/30011 OR G06F17/3053 I 7/19/2016 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 H04L67/306 OR G06F17/30011 OR G06F17/3053 and East Text Search, 7/19/2016 YC see attached search history Google NPL Search 7/19/2016 YC East text search, see attached search history 7/19/2016 YC IDS Search and Assignee 7/19/2016 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 Ex. G-243 Part of Paper No.: 20160719 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 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.: 20160719 Ex. G-244 78 Application/Control No. Applicant(s)/Patent Under Reexamination Index of Claims 15016662 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 07/19/2016 37 38 39 40 41 42 43 44,/ 45,/ 46,/ 47,/ 48,/ 49,/ 50,/ 51,/ 52,/ 53,/ 54,/ 55,/ 56,/ 57,/ 58,/ U.S. Patent and Trademark Office Part of Paper No.: 20160719 Ex. G-245 EAST Search History 78 EAST Search History EAST Search History (Prior Art} 11;:'.]e:i~:J1~:::~::~~:::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::]r~~:::::::::::::::::::J1~;~~~~;]e ~:~:::J~i;;~:::::::J 1 1 lt~ - - -J[~-~-~- -J:~~~-~~~~-~~:_:~ ~-~-~ ~-~ ~-: ~ -~-~ ~ ~ ' ' ' ' ' ' ' ' ' ' '! [~:~,,,,,,,, ][~-~' ' ' ' ' ' ' ' '][~: _,,,, ] ~~-~;~~~:-~-~] lt~_ J[~-~~J ~~~f!@2~~;_i~?;~&~~rf~~y~)~,Q~_~J[~~:~~mmmm_Jr==JE:J ~~-~;~~~:-~-~] 1'8-1" Ti 15/016662 i U&PGPUB; j OR j OFF ! 2016/07/18j i i i USPAT· i i i 09'40 i I I I~~R~PO; I I I ' I I ! IJPO;:: !: ' i ' DERWENT ' ' i ' _____J I'IS2""'""'14!"12339301" """""""""""""""""""""""""""""""""""""""""""""'J !_§~=I_Q§__:_____J!OR IU&PGPUB; """""""""""'__! """"""""'J """"""""""""__! !OFF !2016/07/18! i i i i USPAT · i i i 1O'45 i IJJ I S3 I !~ "14059192" I i l~~·J J J I U&PGPUB; I USPAT ·: OR i: OFF i l 2016/07/18! i 10 '4 7 I i I I I ' i i IUSOCR; 'FPRS· EPO·: ': ' I ' i:' I I I I~~~ENT, I I I I I. . . . J. . . .,J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,J L-~-~=!Q_~..-:...._J ........................J................,J. . . . . . . . . . . .,J ~~~ ·.---~~~---,,~~~---,,~~~ ..--~~----,1. II S4 91 !i person) (present$3) samenear10 (profile (approve match approval II U&PGPUB; USPAT; l,',,',, _ OR l,',,',, _ OFF i 2016/ 08:47 07/ 19!! i I I ! disapproval disapprove gesture) and I (dating match social) near 1O (network) I~; I USOCR; ER:>; I i I I1----------· __________JI___________________________________________________________________________________________JI !_§~=I_Q§ DERWENT; ' ' ' ' _________J_________________________: _________________ j __________________________: 18'5" 13 ! (present$3) near10 (next second) near10 I U&PGPUB; ! OR ! OFF ! 2016/07/19! I ! (profile match person) same (approve I USPAT; ! ! ! 09:25 ! I ! approval disapproval disapprove gesture) I USOCR; ! ! ! ! I ! and (dating match social) near10 I FPRS; EPO; ! ! ! ! I i (network) I JPO; i i i i I i I DERWENT i i i i I ! I 1 BM_TDB, i~,"""""":""""""""""""""""""""""""""""""""""""""""""""""":'"""""""""""""""'.""""""""""""'.""""""""'":"""""""""""""'. j j I j I S6 I5 \ (present$3) near10 (next second) near10 I U&PGPUB; j OR j OFF \ 2016/ 07/ 19! I I ! (profile user match person) same I USPAT; ! ! ! 09:27 ! I I i (approve approval disapproval I USOCR; ! ! i ! I I ! disapprove) near10 (button swip$5 I FPRS; EPO; ! ! ! ! I I ! gesture) and (dating match social) I JPO; ! ! ! ! I I ! near10 (network) I DERWENT; ! ! ! ! I...........I ..........J !..~~=!Q.~.......... l """""""""""".: """""""""..! """"""""""""'.: r7 I r4 I I (present$3 display$3 provid$3) near10 U&P<?PUB;:nRrlFF """"""""""""""""""""""""""""""""""""""""""""""..! \(next second) near10 (profile user match USPAT; j j 12016/07/19: \ 09:27 j I I ! person) same (approve approval USOCR; ! ! ! ! I I ! disapproval disapprove) near10 (button FPRS; EPO; ! ! ! ! ~ ~ ~:: ~: Ex. G-246 EASTSearchHistory .150 l 6662_Accessible Version.htm[7119/2016 6:06: 16 PM] EAST Search History 78 I! swip$5 gesture) and (dating match social) near10 (network) I JPO; I DERWENT 1.=:=.1~ ...............................................................................................1 ~-§~=I_g_§ __'.______ _, -------------------------' ___________________,...........................: IS8 164 ! (profile (present$3 userdisplay$3 match person) provid$3) same near20 I U&PGPUB; U8PAT; OR OFF !i 2016/ 09:28 07/ 19j: l,',,',,',, l,',,',,',, I \(approve approval disapproval I USOCR; i i I i disapprove) near10 (button swip$5 I FPR8; EPO; i i II !!gesture) near10 (network) and (dating match social) IIJPO; DERWENT;,.···'I ···'I .. I,__________ __ _______J ____________________________________________________________________________________________J l__§_~=IQ_§__________ j ________________________) _________________ _.: __________________________) I Im 1811! (profile (present$3 userdisplay$3 provid$3) match person) samenear20 IU&PGPUB; U8PAT; l,',' _ OR l,',' _ OFF i 2016/07/19! 09:29 ! I ! (approve approval deny disapproval I USOCR; i i II !!disapprove) near10 (button swip$5 gesture) and (dating match social) IIJPO; FPR8; EPO;,.····'I .. ····'I I i near10 (network) I DERWENT; I= . . . . J.! (present$3 display$3 provid$3) near20 I!.§~=I_g_§ I810 I.181 _________ j """""""""""".: """"""""'J """"""""""""'.: """""""""""""""""""""""""""""""""""""""""""""'J U&PGPUB; ! OR ! OFF ! 2016/07/19! I I ! (profile user match person) same I U8PAT; ! ! ! 09:29 ! I I ! ((approve approval deny disapproval I USOCR; ! ! ! ! I I !disapprove) near10 (button swip$5 IFPR8; EPO; ! ! ! ! I I !gesture)) and (dating match social) I JPO; ! ! ! ! I I ! near10 (network) I DERWENT; ! ! ! ! I~.I ..........J ...............................................................................................1~-§~=:_g_§__________: .........................: .................J...........................: I811. 184 ! (present$3 display$3 provid$3) near20 I U&PGPUB; ! OR ! OFF !2016/ 07/ 19j I i (profile$3 user$3 match$2 person$3) I U8PAT; ! ! \ 09:35 ! I !same ((approve approval deny I USOCR; ! ! ! ! I !disapproval disapprove) near10 (button I FPR8; EPO; ! ! ! ! I !swip$5 gesture)) and (dating match IJPO; ! ! ! ! I !social) near10 (network) I DERWENT; ! ! ! ! I'""""" ~ """"""""""""""""""""""""""""""""""""""""""""""J l__§_~=IQ_§__________j """"""""""""] """"""""j """""""""""""] I812 14 ! retriev$3) (present$3near5 display$3 (nextprovid$3second plurality) load$3 IU&PGPUB; U8PAT; OR OFF i 2016/07/19! 09:36 ! l,',,',, _ l,',,',, _ I ! near20 (profile$3 user$3 match$2 I USOCR; i i II !!disapproval person$3) same ((approve approval deny I FPR8; EPO; disapprove) near10 (button IJPO;,.···'I .. ··'I I \swip$5 gesture)) and (dating match I DERWENT;,,,, I ~ ~'-'-'-'-'-'-'-'-'-' !social) near10 (network) '-'-'-'-'-'-'-'-'-'-'-'-'- I I BM_TDB ! ! ! ! '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'- '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' I813 I66 ! (present$3 display$3 provid$3 load$3 I U&PGPUB; ! OR ! OFF ! 2016/07/19! I I ! retriev$3) near5 (next second plurality) I U8PAT; ! ! ! 09:36 ! I I ! near20 (profile$3 user$3 match$2 I USOCR; ! ! ! ! I I !person$3) same ((approve approval deny I FPR8; EPO; ! ! ! ! I I !disapproval disapprove) near10 (button IJPO; ! ! ! ! I I !swip$5 gesture)) I DERWENT; ! ! ! ! I~ .......... J_______________________________________________________________________________________________p_§~=I_g_§ ________ __: ________________________ _: ...................!...........................! I814 I 135 ! (present$3 display$3 provid$3 load$3 I U&PGPUB; ! OR ! OFF ! 2016/07/19! I I ! retriev$3) near5 (profile$3 user$3 I U8PAT; ! ! ! 09:37 ! I I i match$2 person$3) same ((approve I USOCR; ! ! i ! I I ! approval deny disapproval disapprove) I FPR8; EPO; ! ! ! ! I I ! near10 (button swip$5 gesture)) and IJPO; ! ! ! ! I I ! (dating match social) near10 (network) I DERWENT; ! ! ! ! I...........I ............! ~~~ !..§~=!Q_§__________ j """"""""""""_] """""""""..! """"""""""""'_] " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " . . !·.---~~~---,,~~~---,,~~~. .---~~----,1 1~1=; I' DERWENT, I',,, OR 1r816 lf832 !1"6480885" "7917448" "8060463" 11u&PGPUB; j~R![OFF !,12016/07/19j I ~ i i "20050021750" "20060059147" ~ ~ i U8PAT; ~ i; i; i 10:05 ~ i; Ex. G-247 EASTSearchHistory .150 l 6662_Accessible Version.htm[7119/2016 6:06: 16 PM] EAST Search History 78 Ex. G-248 EASTSearchHistory .150 l 6662_Accessible Version.htm[7119/2016 6:06: 16 PM] EAST Search History 78 I USOCR; I FPRS; EPO; IJPO; I DERWENT; i ', ~~~~~~~~~~~', ~~~~~~~~~~~~' I 1BM_TDB ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~, ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~',, ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ' I833 201 ! (add$3 populat$3 stor$3) near20 I U&PGPUB; ! OR ! OFF !2016/07/19! I ! (favor$3) near10 list and (remov$3 I USPAT; ! ! ! 10:40 ! I !delet$3) near20 (search) near5 result I USOCR; ! ! ! ! i i i FPRS· EPO· i i i i I I l~~~ENT;, I I I I 1----------· .......... J____________________________________________________________________________________________...! ~-§~=I_g_§_________ j _________________________: _________________ j ___________________________: I1834 226 ! 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I I i near20 result) I USOCR; ! ! \ ! i i i i FPRS· EPO· i i i i I I I I~~~ENT, I I I I I. . . . J. . . . .J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..1 L.~~=!Q.~___:_____ j _________________________] .................J_ _ _ _ _ _ _ _ _ _ _ _ __] ~~ ~ ·...-------,.-----,.-----..------,1 I ffi1 1 113/804045 and stor$3 I~1=; I OR I~ I~~\~07/ W I1.____________________JI___________________________________________________________________________________________JI DERWENT; ' ' __________: _________________________: _________________j __________________________: !.§~=-:r._g_§ ' ' I86211! 13/804045 and track$3 I U&PGPUB; ! OR ! OFF !2016/07/19! i i i i USPAT · i i i 15 ·22 i I I I I~~R~PO; I I I. I I I I I~~WENT i i I i I. . . . J. . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...1. ~-§~=I_g_§ _ '._____ !r--<~,, _J .........................! ................. J. . . . . . . . . . . . ...! 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OFF !2016/07/19! i i i USPAT· i i i 15·24 i I I I USOCR; ' FPRS· EPO· i' i' I' . i' i I I i IJPO;,,:: I: I i I DERWENT; i i i i I ! ~""""""'"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 11 BM_TDB:: !: 867 l'()l 13/804045 and swipping IU&PGPUB; ! OR ! OFF !2016/07/19! I \ i USPAT; ! ! i 15:46 ! I i ! i IUSOCR; 'FPRS· EPO·: ': ' I i: ' I i Ii IJPO;, 'DERWENT·, i ' i ' I' i ' ...........1 ............ 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...1 !..~~=!Q.~...:......L. . . . . . . . . . . . L. . . . . . . . .J. . . . . . . . . . . . ..l ffiB O 113/804045 and swip I~t; I OR I OFF I;~1:~07/ W I\ I DERWENT; I I BM TDB ' i ' i ' i ' i h~~~~~~~~' ~~~~~~~~~~~~.:: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~: ~~~~~~~~~~~~~~~~~~~~~~~~~: ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~: 8691! 13/804045 and swip$5 I U&PGPUB; ! OR ! OFF !2016/07/19! \ I USPAT; i i i 15:46 i I I USOCR;:: I':' Ii i ' FPRS· EPO· IJPO;, i DERWENT·, ': i ': i I i:i ! i 1BM TDB, i i ! ~------------'----------------------------------------------------------------------------------------------'·--------=-------------------'------------------------'-------------------'--------------------------' i S7ols-1"20110087974" IU&PGPUB; !OR !OFF \2016/07/19! I ! IUSPAT;:: !16: 12: I ! I USOCR;:: !: I I Ij~~; EPO; I I I I i i 'DERWENT· ' ' ' ' ...........1 ............ 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...1 !..~~=!Q.~..:.......i.. . . . . . . . . . . . 1....................1 ..........................! 7/19/20166:06:11 PM C:\ Users\ cchoi\ Documents\ EAST\ Workspaces\ 15016662_matching_process_system_and_method.wsp Ex. G-250 EASTSearchHistory .150 l 6662_Accessible Version.htm[7119/2016 6:06: 16 PM] 78 Doc code: IDS PTO/SB/OSa (07-09) Approved for use through 07/31/2012. OMG 0651-0031 Doc description: Information Disclosure Statement (IDS) filed U.S. Patent and Trademark Office; U.S. DEPARTMENT or COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number. Application Number 15/016662 Filing Date 02/05/2016 INFORMATION DISCLOSURE First Named Inventor I Sean Rad et al. STATEMENT BY APPLICANT Art Unit 2164 (Not for submission under 37 CFR 1.99) I Yuk Choi Examiner Name l -----~~ .. Attorney Docket Number 076533.0150 U.S. PATENTS Pages,Columns,Lines where Examiner Cite Kind Name of Patentee or Applicant Patent Number Issue Date Relevant Passages or Relevant Initial* No Code1 of cited Document Figures Appear 1 6480885 2002-11-12 OLIVIER 2 7917448 2011-03-29 Smola et al. 3 8060463 2011-11-15 Spiegel If you wish to add additional U.S. Patent citation information please click the Add button. U.S.PATENT APPLICATION PUBLICATIONS Pages,Columns,Lines where Examiner Cite Kind Publication Name of Patentee or Applicant Publication Number Relevant Passages or Relevant Initial* No Code1 Date of cited Document Figures Appear 1 20050021750 2005-01-27 Abrams 2 20060059147 2006-03-16 Weiss etal. 3 20060085419 2006-04-20 Rosen EFSWeb2.1.16 ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. iC.CJ Ex. G-251 78 Application Number Filing Date INFORMATION DISCLOSURE First Named Inventor I Sean Rad et al. STATEMENT BY APPLICANT Art Unit (Not for submission under 37 CFR 1.99) Examiner Name I Attorney Docket Number 076533.0150 4 20060106780 2006-05-18 Dagan 5 20070073687 2007-03-29 Terrill et al. 6 20070073803 2007-03-29 Terrill et al. 7 20080294624 2008-11-27 Kanigsberg et al. 8 20080301118 2008-12-04 Chien et al. 9 20090106040 2009-04-23 Jones If you wish to add additional U.S. Published Application citation information please click the Add button. FOREIGN PATENT DOCUMENTS Pages,Columns,Lines Name of Patentee or Examiner Cite Foreign Document Country Kind Publication where Relevant Applicant of cited T5 Initial* No Number3 Code2i Code4 Date Passages or Relevant Document Figures Appear 1 D If you wish to add additional Foreign Patent Document citation information please click the Add button NON-PATENT LITERATURE DOCUMENTS Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item Examiner Cite (book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s), T5 Initials* No publisher, city and/or country where published. ·- EFS Web 2.1.16 ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. iC.CJ Ex. G-252 78 Application Number Filing Date INFORMATION DISCLOSURE First Named Inventor I Sean Rad et al. STATEMENT BY APPLICANT Art Unit (Not for submission under 37 CFR 1.99) Examiner Name I Attorney Docket Number 076533.0150 ------------- - -------- PCT Notification of Transmittal of the International Search Report and the Written Opinion of the International 1 Searching Authority, or the Declaration with attached PCT International Search Report and Written Opinion of the ~ International Searching Authority in International Application No. PCT/US 08/87706, dated February 1 O, 2009, 8 pages. If you wish to add additional non-patent literature document citation information please click the Add button EXAMINER SIGNATURE Examiner Signature I /Yuk Tina Choi/ I Date Considered I 081n::i1?11i h *EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a citation if not in conformance and not considered. Include copy of this form with next communication to applicant. 1 See Kind Codes of USPTO Patent Documents at ~•.l!.Q.EI_Q.GOV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WIPO Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document. 4 Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 5 Applicant is to place a check mark here i1 English language translation is attached. -~---- EFS Web 2.1.16 ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. iC.CJ Ex. G-253 78 Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov APPLICATION NUMBER FILING OR 3 71 (C) DATE FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE 15/016,662 02/05/2016 Sean Rad 076533.0150 CONFIRMATION NO. 9869 5073 PUBLICATION NOTICE BAKER BOTTS L.L.P. 2001 ROSS AVENUE 111111111111111111111111]~!l]~~1~~1~~H~JIU~ 1111111111111111111111111111 SUITE 600 DALLAS, TX 75201-2980 Title:Matching Process System And Method Publication No.US-2016-0154569-A 1 Publication Date:06/02/2016 NOTICE OF PUBLICATION OF APPLICATION The above-identified application will be electronically published as a patent application publication pursuant to 37 CFR 1.211, et seq. The patent application publication number and publication date are set forth above. The publication may be accessed through the USPTO's publically available Searchable Databases via the Internet at www.uspto.gov. The direct link to access the publication is currently http://www.uspto.gov/patft/. The publication process established by the Office does not provide for mailing a copy of the publication to applicant. A copy of the publication may be obtained from the Office upon payment of the appropriate fee set forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's Office of Public Records. The Office of Public Records can be reached by telephone at (703) 308-9726 or (800) 972-6382, by facsimile at (703) 305-8759, by mail addressed to the United States Patent and Trademark Office, Office of Public Records, Alexandria, VA 22313-1450 or via the Internet. In addition, information on the status of the application, including the mailing date of Office actions and the dates of receipt of correspondence filed in the Office, may also be accessed via the Internet through the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application Information and Retrieval (PAIR) system. The direct link to access this status information is currently http://pair.uspto.gov/. Prior to publication, such status information is confidential and may only be obtained by applicant using the private side of PAIR. Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent Electronic Business Center at 1-866-217-9197. Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101 page 1of1 Ex. G-254 78 PATENT APPLICATION FEE DETERMINATION RECORD Application or Docket Number Substitute for Form PT0-875 15/016,662 APPLICATION AS FILED - PART I OTHER THAN (Column 1) (Column 2) SMALL ENTITY OR SMALL ENTITY FOR NUMBER FILED NUMBER EXTRA RATE($) FEE($) RATE($) FEE($) BASIC FEE (37 CFR 1.16(a), (b), or (c)) N/A N/A N/A N/A 280 SEARCH FEE (37 CFR 1.16(k), (i), or (m)) N/A N/A N/A N/A 600 EXAMINATION FEE (37 CFR 1.16(0), (p), or (q)) N/A N/A N/A N/A 720 TOTAL CLAIMS (37 CFR 1.16(i)) 15 minus 20= OR x 80 = 0.00 INDEPENDENT CLAIMS (37 CFR 1.16(h)) 3 minus 3 = x 420 = 0.00 If the specification and drawings exceed 100 APPLICATION SIZE sheets of paper, the application size fee due is FEE $31 O ($155 for small entity) for each additional 0.00 (37 CFR 1.16(s)) 50 sheets or fraction thereof. See 35 U.S.C. 41 (a)(1)(G) and 37 CFR 1.16(s). MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j)) 0.00 * If the difference in column 1 is less than zero, enter "O" in column 2. TOTAL TOTAL 1600 APPLICATION AS AMENDED - PART II OTHER THAN (Column 1) (Column 2) (Column 3) SMALL ENTITY OR SMALL ENTITY CLAIMS HIGHEST REMAINING NUMBER PRESENT ADDITIONAL ADDITIONAL <(RATE($) RATE($) AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus .. = x = OR x = ~ (37 CFR 1.16(i)) 0 z Independent Minus ... - x = OR x = (37CFR 1.16(h)) w ~ <(Application Size Fee (37 CFR 1.16(s)) FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) OR TOTAL TOTAL OR ADD'L FEE ADD'L FEE (Column 1) (Column 2) (Column 3) CLAIMS HIGHEST REMAINING NUMBER PRESENT ADDITIONAL ADDITIONAL Ill RATE($) RATE($) AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus .. = x = OR x = ~ 0 z (37 CFR 1.16(i)) Independent Minus ... = x = OR x = w (37CFR 1.16(h)) ~ <(Application Size Fee (37 CFR 1.16(s)) OR FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) TOTAL TOTAL OR ADD'L FEE ADD'L FEE * If the entry in column 1 is less than the entry in column 2, write "O" in column 3. ** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20". *** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the appropriate box in column 1. Ex. G-255 78 Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov APPLICATION FILING or GRPART NUMBER 37l(c)DATE UNIT FIL FEE REC'D ATTY.DOCKET.NO TOT CLAIMS IND CLAIMS 15/016,662 02/05/2016 2611 1600 076533.0150 15 3 CONFIRMATION NO. 9869 5073 FILING RECEIPT BAKER BOTTS L.L.P. 2001 ROSS AVENUE 1111111111111111111111m~mmmm1~~~11~11111111111111111111111 SUITE 600 DALLAS, TX 75201-2980 Date Mailed: 02/24/2016 Receipt is acknowledged of this non-provisional patent application. The application will be taken up for examination in due course. Applicant will be notified as to the results of the examination. Any correspondence concerning the application must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections lnventor(s) Sean Rad, Los Angeles, CA; Jonathan Badeen, North Hollywood, CA; Applicant(s) Tinder, Inc., West Hollywood, CA; Power of Attorney: None Domestic Priority data as claimed by applicant This application is a CON of 14/059,192 10/21/2013 which is a CIP of 12/339,301 12/19/2008 PAT 8566327 and claims benefit of 61/793,866 03/15/2013 Foreign Applications for which priority is claimed (You may be eligible to benefit from the Patent Prosecution Highway program at the USPTO. Please see http://www.uspto.gov for more information.) - None. Foreign application information must be provided in an Application Data Sheet in order to constitute a claim to foreign priority. See 37 CFR 1.55 and 1.76. Permission to Access Application via Priority Document Exchange: Yes Permission to Access Search Results: No Applicant may provide or rescind an authorization for access using Form PTO/SB/39 or Form PTO/SB/69 as appropriate. If Required, Foreign Filing License Granted: 02/19/2016 page 1of3 Ex. G-256 78 The country code and number of your priority application, to be used for filing abroad under the Paris Convention, is US 15/016,662 Projected Publication Date: 0610212016 Non-Publication Request: No Early Publication Request: No Title Matching Process System And Method Preliminary Class 345 Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition Applications: No PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing of patent applications on the same invention in member countries, but does not result in a grant of "an international patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent protection is desired. Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country in accordance with its particular laws. Since the laws of many countries differ in various respects from the patent law of the United States, applicants are advised to seek guidance from specific foreign countries to ensure that patent rights are not lost prematurely. Applicants also are advised that in the case of inventions made in the United States, the Director of the US PTO must issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application serves as a request for a foreign filing license. The application's filing receipt contains further information and guidance as to the status of applicant's license for foreign filing. Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html. For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish to consult the U.S. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative, this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may call the U.S. Government hotline at 1-866-999-HALT (1-866-999-4258). page 2 of 3 Ex. G-257 78 LICENSE FOR FOREIGN FILING UNDER Title 35, United States Code, Section 184 Title 37, Code of Federal Regulations, 5.11 & 5.15 GRANTED The applicant has been granted a license under 35 U.S.C. 184, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where the conditions for issuance of a license have been met, regardless of whether or not a license may be required as set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under 37 CFR 5.13 or 5.14. This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This license is not retroactive. The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter as imposed by any Government contract or the provisions of existing laws relating to espionage and the national security or the export of technical data. Licensees should apprise themselves of current regulations especially with respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of Treasury (31 CFR Parts 500+) and the Department of Energy. NOT GRANTED No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12, if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed from the filing date of this application and the licensee has not received any indication of a secrecy order under 35 U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b). SelectUSA The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for business investment, innovation, and commercialization of new technologies. The U.S. offers tremendous resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business investment. SelectUSA provides information assistance to the international investor community; serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states, and regions competing for global investment; and counsels U.S. economic development organizations on investment attraction best practices. To learn more about why the United States is the best country in the world to develop technology, manufacture products, deliver services, and grow your business, visit http://www.SelectUSA.gov or call + 1-202-482-6800. page 3 of 3 Ex. G-258 78 PTOISB/08a (07-09) Doc code: IDS Approved for use through 07131/2012. OMB 0651-0031 Doc description: Information Disclosure Statement (IDS) Filed U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number. Application Number Filing Date INFORMATION DISCLOSURE First Named Inventor I Sean Rad et al. STATEMENT BY APPLICANT Art Unit (Not for submission under 37 CFR 1.99) Examiner Name I Attorney Docket Number 076533.0150 U.S.PATENTS Pages,Columns,Lines where Examiner Cite Kind Name of Patentee or Applicant Patent Number Issue Date Relevant Passages or Relevant Initial* No Code1 of cited Document Figures Appear 1 6480885 2002-11-12 OLIVIER 2 7917448 2011-03-29 Smola et al. 3 8060463 2011-11-15 Spiegel If you wish to add additional U.S. Patent citation information please click the Add button. U.S.PATENT APPLICATION PUBLICATIONS Pages,Columns,Lines where Examiner Cite Kind Publication Name of Patentee or Applicant Publication Number Relevant Passages or Relevant Initial* No Code1 Date of cited Document Figures Appear 1 20050021750 2005-01-27 Abrams 2 20060059147 2006-03-16 Weiss et al. 3 20060085419 2006-04-20 Rosen EFS Web 2.1.16 Ex. G-259 78 i l Application Number I Filing Date INFORMATION DISCLOSURE First Named Inventor J Sean Rad et al. STATEMENT BY APPLICANT Art Unit (Not for submission under 37 CFR 1.99) Examiner Name I Attorney Docket Number 076533.0150 4 20060106780 2006-05-18 Dagan 5 20070073687 2007-03-29 Terrill et al. I 6 20070073803 2007-03-29 Terrill et al. 7 20080294624 2008-11-27 Kanigsberg et al. I I I 8 20080301118 2008-12-04 Chien et al. I 9 20090106040 2009-04-23 Jones If you wish to add additional U.S. Published Application citation information please click the Add button. FOREIGN PATENT DOCUMENTS Pages, Columns, Lines Name of Patentee or Examiner Cite Foreign Document Country Kind Publication where Relevant Applicant of cited T5 Initial* No Number3 Code2i Code4 Date Passages or Relevant Document Figures Appear 1 D If you wish to add additional Foreign Patent Document citation information please click the Add button NON-PATENT LITERATURE DOCUMENTS Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item Examiner Cite (book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s), T5 Initials* No publisher, city and/or country where published. EFSWeb2.1.16 Ex. G-260 78 Application Number Filing Date INFORMATION DISCLOSURE First Named Inventor j Sean Rad et al. STATEMENT BY APPLICANT Art Unit (Not for submission under 37 CFR 1.99) Examiner Name I Attorney Docket Number 076533.0150 PCT Notification of Transmittal of the International Search Report and the Written Opinion of the International 1 Searching Authority, or the Declaration with attached PCT International Search Report and Written Opinion of the cg] International Searching Authority in International Application No. PCT/US 08/87706, dated February 10, 2009, 8 pages. If you wish to add additional non-patent literature document citation information please click the Add button EXAMINER SIGNATURE Examiner Signature I I Date Considered I *EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a citation if not in conformance and not considered. Include copy of this form with next communication to applicant. 1 See Kind Codes of USPTO Patent Documents at WWVLIJ.Qf'J:_Q.GOV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WIPO Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document. 4 Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 5 Applicant is to place a check mark here i· English language translation is attached. EFS Web 2.1.16 Ex. G-261 78 ATTORNEY DOCKET NO. PATENT APPLICATION 076533.0150 1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of: Sean Rad et al. Filed: Herewith Title: lv!atching Process System and Method Commissioner of Patents P.O. Box 1450 Alexandria, VA 22313-1450 Dear Sir: SUPPLEMENT AL INFORMATION DISCLOSURE ST A TEMENT Applicants respectfully request, pursuant to 37 C.F.R. §§ 1.56, 1.97 and 1.98, that the reference listed on the attached PT0-1449 form be considered and cited in the examination of the above-identified patent application. Pursuant to 37 C.F.R. §§ 1.97(g) and (h), Applicants make no representation that these documents qualify as prior art or that these documents are material to patentability of the present application or that a search has been made. Copies of U.S. patents, U.S. non-published patent applications, and U.S. patent application publications have not been provided. To the extent applicable, documents other than U.S. patents, U.S. non-published patent applications, and U.S. patent application publications are enclosed for the convenience of the examiner. 18224130 Ex. G-262 78 ATTORNEY DOCKET NO. PATENT APPLICATION 076533.0150 2 REMARKS Pursuant to 37 C.F.R. § l.97(b), Applicants believe this Supplemental IDS is being filed before the mailing date of the first Office Action. Therefore, Applicants believe no fee is currently due for this submission. However, if a fee is required, the Commissioner is hereby authorized to charge any necessary fees and credit any overpayments to Deposit Account No. 02-0384 of Baker Botts L.L.P. Respectfully submitted, Baker Botts L.L.P. Attorneys for Applicants /4.2,,_ ___:__ Roshan S. Mansinghani Reg. No. 62,429 Tel. 214.953.6737 Date: February 5, 2016 Correspondence Address: at Customer No. 05073 18224130 Ex. G-263 78 Page I 0 f I PT0-1449 Application No. Applicant(s) Sean Rad et al. Information Disclosure Citation Docket Number Group Art Unit Filing Date in an Application 076533.0150 U.S. PATENT DOCUMENTS DOCUMENT NO. DATE NAME CLASS SUBCLASS FILING DATE A 8,566,327 10/22/2013 Carrico et al. B c D U.S. PUBLICATION DOCUMENTS DOCUMENT NO. DATE NAME CLASS SUBCLASS FILING DATE E 2014/0074824 03/13/2014 Rad et al. F G H NON-PATENT DOCUMENTS DOCUMENT (Including Author, Title, Source, and Pertinent Pages) DATE I Chegg® Blog, Chegg® Product Updates, "Introducing the Chegg Flashcards App," Dated http://blog.chegg.com/2012/02/03/introducing-the-chegg-flashcards-app/, 10 pages 02/03/2012 Printed 02/05/2016 J K L M N 0 p Q R EXAMINER DA TE CONSIDERED EXAMINER: Initial if citation considered, whether or not citation is in conformance with MPEP § 609. Draw I ine through citation if not in conformance and not considered. Include copy of this form with next communication to the aoolicant. U.S. Patent and Trademark Office Ex. G-264 78 ATTORNEY DOCKET NO. DECLARATION AND 076533.0150 POWER OF ATTORNEY DECLARATION AND POWER OF ATTORNEY As a below named inventor, I hereby declare: that my residence and post office address, are as stated below next to my name; that I believe I am the original and sole inventor (if only one name is listed below) or an original and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which a patent is sought on the invention, design or discovery in an application entitled Mate/ting Process System and Method, of which (check one): _x_ is attached hereto; or was filed on _ _ _ _ _ _ _as Application Serial No. _ _ _ __ and was amended on _ _ (if applicable); that I have reviewed and understand the contents of the above-identified specification, including the claims, as amended by any amendment referred to above; that I acknowledge the duty to disclose to the U.S. Patent and Trademark Office all information known to me to be material to patentability as defined in 37 C.F.R. §1.56. that I have made or authorized to be made the application for the above entitled invention, design, or discovery. Active 17095593 Ex. G-265 78 ATTORNEY DOCKET NO. DECLARATION AND 076533.0150 POWER OF ATTORNEY 2 I hereby appoint: Practitioners at Customer Number 05073 all of the firm of BAKER BOTTS u.r., my attorneys with full power of substitution and revocation, to prosecute this application and to transact all business in the United States Patent and Trademark Office connected therewith, and to file and prosecute any international patent applications filed thereon before any international authorities. Send Correspondence To: Direct Telephone Calls To: Chad C. Walters Chad C. Walters The above-mentioned Customer Number at 214.953.6511 I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment of not more than five years, or both, under Section I 001 of Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application or any patent issuing thereon. Active 17095593 Ex. G-266 78 ATTORNEY DOCKET NO. DECLARATION AND 076533.0150 POWER OF ATTORNEY 3 Title of Invention: Matching Process System and Method Full name of inventor: Sean Rad Inventor's signature 01 /20/2015 Date Residence (City, County, State) Los Angeles, California Post Office Address 2341 Weybridge Lane Los Angeles, California 90077 Active 17095593 Ex. G-267 78 ATTORNEY DOCKET NO. DECLARATION AND 076533 .0150 POWER OF ATTORNEY 4 Title of Invention: Matching Process System and Method Full name of inventor: Jonathan Badeen Inventor's signature 7 Date 2/4/16. Residence (City, County, State) No1th Hollywood, California; Post Office Address 11201 Otsego St. #400 North Hollywood, California 91601 Active I 7095593 Ex. G-268 78 Electronic Patent Application Fee Transmittal Application Number: Filing Date: Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Filer: Roshan Suresh Mansinghani/Laurie Scott Attorney Docket Number: 076533.0150 Filed as Large Entity Filing Fees for Utility under 35 USC 111 (a) Sub-Total in Description Fee Code Quantity Amount USO($) Basic Filing: Utility application filing 1011 1 280 280 Utility Search Fee 1111 1 600 600 Utility Examination Fee 1311 1 720 720 Pages: Claims: Miscellaneous-Filing: Petition: Patent-Appeals-and-Interference: Ex. G-269 78 Sub-Total in Description Fee Code Quantity Amount USO($) Post-Allowance-and-Post-Issuance: Extension-of-Time: Miscellaneous: Total in USO($) 1600 Ex. G-270 78 Electronic Acknowledgement Receipt EFSID: 24835877 Application Number: 15016662 International Application Number: Confirmation Number: 9869 Title of Invention: Matching Process System And Method First Named Inventor/Applicant Name: Sean Rad Customer Number: 5073 Filer: Roshan Suresh Mansinghani/Laurie Scott Filer Authorized By: Roshan Suresh Mansinghani Attorney Docket Number: 076533.0150 Receipt Date: 05-FEB-2016 Filing Date: Time Stamp: 13:54:57 Application Type: Utility under 35 USC 111 (a) Payment information: Submitted with Payment yes Payment Type Deposit Account Payment was successfully received in RAM $1600 RAM confirmation Number 167 Deposit Account 020384 Authorized User BAKER & BOTIS, LLP The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: Charge any Additional Fees required under 37 CFR 1.16 (National application filing, search, and examination fees) Charge any Additional Fees required under 37 CFR 1.17 (Patent application and reexamination processing fees) Ex. G-271 78 File Listing: Document File Size(Bytes}/ Multi Pages Document Description File Name Number Message Digest Part /.zip (if appl.) 458406 1 Application Data Sheet 0765330150ADS020516.PDF no 7 7fdb 71 cfS 7e405 e9837 48bccd SS 5 eOacae 35 f8d9 Warnings: Information: This is not an USPTO supplied ADS fillable form 3452321 2 0765330150PatApp020516.PD[ yes 64 6bc64998829d461588e9cd5c709376ca17d b81fa Multipart Description/PDF files in .zip description Document Description Start End Specification 1 55 Claims 56 63 Abstract 64 64 Warnings: Information: 421787 Drawings-only black and white line 3 0765330150Dwgs020516.PDF no 11 drawings 2f4a2ec0 bd 6c0cc8d 9 3b 7 5 1ce 1440a83c23 Odbd Warnings: Information: 227989 0765330150Pre1Amend020516. 4 yes 9 PDF c6Sb89efca9ffba7421 fbb9759a79a2bd1 c4 7b5f Multipart Description/PDF files in .zip description Document Description Start End Preliminary Amendment 1 1 Specification 2 2 Claims 3 8 Ex. G-272 78 Applicant Arguments/Remarks Made in an Amendment 9 9 Warnings: Information: 161481 5 07653301501DS020516.PDF yes 4 21 09f6f9596374d2abfba30c9354d682f4f9c 626 Multipart Description/PDF files in .zip description Document Description Start End Transmittal Letter 1 1 Information Disclosure Statement (IDS) Form (SB08) 2 4 Warnings: Information: 102582 0765330150SupplDS020516. 6 yes 3 PDF a78ac2018dc64acf299b71 50712e7371 Oe2 bc0b3 Multipart Description/PDF files in .zip description Document Description Start End Transmittal Letter 1 2 Information Disclosure Statement (IDS) Form (SB08) 3 3 Warnings: Information: 817666 0765330150CheggRef020515. 7 Non Patent Literature no 10 PDF a04fc75Se1 bad91 f237ea5ea70d3363ed00 df3b7 Warnings: Information: 78398 8 Oath or Declaration filed 0765330150Decl020516.PDF no 4 fcd08ae0f06e4ccdd8ab3cffe6b65297f5a06 eb9 Warnings: Information: 34393 9 Fee Worksheet (SB06) fee-info.pdf no 2 183c1 57fd9b2eb48c4e5af53e36c0b3dc4fb 2b9c Warnings: Information: Total Files Size (in bytes) 5755023 Ex. G-273 78 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Applications Under 35 U.S.C. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Application under 35 U.S.C. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.C. 371 and other applicable requirements a Form PCT /DO/E0/903 indicating acceptance of the application as a national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course. New International Application Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application. Ex. G-274 78 PTO/AIA/14 (12-13) Approved for use through 01/31/2014. OMS 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMS control number. Attorney Docket Number 076533.0150 Application Data Sheet 37 CFR 1.76 Application Number Title of Invention Matching Process System and Method The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76. This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the document may be printed and included in a paper filed application. Secrecy Order 37 CFR 5.2 D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to 37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.) Inventor Information: Inventor 1 I Remove I Legal Name Prefix Given Name Middle Name Family Name Suffix Sean Rad Residence Information (Select One) @ US Residency 0 Non US Residency 0 Active US Military Service City Los Angeles I State/Province I CA I Country of ResidencJ I US Mailing Address of Inventor: Address 1 2341 Weybridge Lane Address 2 City I Los Angeles I State/Province I CA Postal Code I 90077 I Countryi 1 us Inventor 2 I Remove I Legal Name ·' Prefix Given Name Middle Name Family Name Suffix Jonathan Badeen Residence Information (Select One) @ US Residency 0 Non US Residency 0 Active US Military Service City North Hollywood I State/Province I CA I Country of ResidencJ I us Mailing Address of Inventor: Address 1 11201 Otsego St. #400 Address 2 City --- I North Hollywood I State/Province I CA ·- Postal Code 1 91501 I Countryi 1 us All Inventors Must Be Listed - Additional Inventor Information blocks may be generated within this form by selecting the Add button. I Add I Correspondence Information: Enter either Customer Number or complete the Correspondence Information section below. For further information see 37 CFR 1.33(a). EFS Web 2.2.11 Ex. G-275 78 PTO/AIA/14 (12-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMS control number. Attorney Docket Number 076533.0150 Application Data Sheet 37 CFR 1.76 Application Number Title of Invention I Matching Process System and Method D An Address is being provided for the correspondence Information of this application. Customer Number 05073 Email Address ptomail1@bakerbotts.com I I Add Email I IRemove Email I Application Information: Title of the Invention Matching Process System and Method Attorney Docket Number 076533.0150 I Small Entity Status Claimed D Application Type Nonprovisional Subject Matter Utility Total Number of Drawing Sheets (if any) I 11 I Suggested Figure for Publication (if any) I Filing By Reference: ... Only complete this section when filing an application by reference under 35 U.5.C. 111 (c) and 37 CFR 1.57(a). Do not complete this section if application papers including a specification and any drawings are being filed. Any domestic benefit or foreign priority information must be provided in the appropriate section(s) below (i.e., "Domestic Benefit/National Stage Information" and "Foreign Priority Information"). For the purposes of a filing date under 37 CFR 1.53(b), the description and any drawings of the present application are replaced by this reference to the previously filed application, subject to conditions and requirements of 37 CFR l .57(a). i- Application number of the previously Filing date (YYYY-MM-DD) Intellectual Property Authority or Country filed application Publication Information: D Request Early Publication (Fee required at time of Request 37 CFR 1.219) Request Not to Publish. I hereby request that the attached application not be published under 35 U.S.C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the D subject of an application filed in another country, or under a multilateral international agreement, that requires publication at eighteen months after filing. Representative Information: J' Representative information should be provided for all practitioners having a power of attorney in the application. Providing this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32). Either enter Customer Number or complete the Representative Name section below. If both sections are completed the customer Number will be used for the Representative Information during processing. Please Select One: (!) Customer Number I 0 US Patent Practitioner 10 Limited Recognition (37 CFR 11.9) Customer Number 05073 EFS Web 2.2.11 Ex. G-276 78 PTO/AIA/14 (12-13) Approved for use through 01/31/2014. OMS 0651-0032 U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMS control number. Attorney Docket Number 076533.0150 Application Data Sheet 37 CFR 1. 76 Application Number Title of Invention I Matching Process System and Method Domestic Benefit/National Stage Information: This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, or 365(c) or indicate National Stage entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78. When referring to the current application, please leave the application number blank. Prior Application Status Pending I Remove I Application Number Continuity Type Prior Application Number Filing Date (YYYY-MM-DD) Continuation of 14/059192 2013-10-21 Prior Application Status Patented I Remove I Application Prior Application Filing Date Issue Date Continuity Type Patent Number (YYYY-MM-DD) Number Number (YYYY-MM-DD) 14/059192 Continuation in part of 12/339301 2008-12-19 8566327 2013-10-22 Prior Application Status Expired I Remove j Application Number Continuity Type Prior Application Number Filing Date (YYYY-MM-DD) 14/059192 Claims benefit of provisional 61/793866 2013-03-15 Additional Domestic Benefit/National Stage Data may be generated within this form by selecting the Add button. Foreign Priority Information: This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55(d). When priority is claimed to a foreign application that is eligible for retrieval under the priority document exchange program (PDX) 1 the information will be used by the Office to automatically attempt retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the POX program, applicant bears the ultimate responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign priority application is filed, within the time period specified in 37 CFR 1.55(g)(1). I Remove J Application Number Countryi Filing Date (YYYY-MM-DD) Access Codei (if applicable) Additional Foreign Priority Data may be generated within this form by selecting the Add button. EFS Web 2.2.11 Ex. G-277