DETAILED ACTION
This action is in response to the RCE and Amendment dated 18 February 2026. Claims 1-16 are amended. No claims have been added or cancelled. Claims 1-16 remain pending and have been considered below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Suggestion
Examiner suggests that applicant amend the independent claims to include the concept found in Figs. 4, 7 and 9 (e.g. displaying an application launcher comprising a plurality of application icons installed on the device, replacing at least one of the plurality application icons with at least one icon for a recommended application, in response to the user selection of the icon for the recommended application, displaying within the application launcher and simultaneously with the plurality of application icons data as the execution result of the recommended application). Examiner believes that an amendment in this manner would facilitate the advancement of prosecution. Examiner is also available for an interview at applicant’s convenience.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Soto-Matamala et al. (US 2013/0339345 A1, hereinafter: S-M) in view of Ricci (US 2014/0109080 A1, provisional applications: 61/714016 and 61/715699) and further in view of Nike (US 2015/0254960 A1).
As for independent claim 1, S-M teaches a device comprising:
the portable information terminal comprising: storage configured to store application software and a processor programmed to: [(e.g. see S-M paragraph 0031) ”CRM 110 can be implemented, e.g., using disk, flash memory, random access memory (RAM), hybrid types of memory, optical disc drives or any other storage medium that can store program code and/or data. CRM 110 can store software programs that are executable by controller 102, including operating systems, applications, and related program code (e.g., code for app rec module 108)”].
determine that predetermined [mobile equipment] is within a predetermined range from the portable information terminal, using one or both of a sensor and a proximity wireless communication [(e.g. see S-M paragraphs 0019, 0029, 0054) ”Location module 106 can include any suitable location technology using one or more wireless signals to determine a current location. In some embodiments, location module 106 includes a global positioning system (GPS) module. In some embodiments, location module 106 includes one or more of the following: WiFi location module … the app recommendation system determines a set of apps with hotspots within a threshold distance of the location of interest. The threshold distance may vary from app to app based on a number of factoring including how localized app usage is for that app at the location, the volume of app usage for that app at the location, and other app usage data and app metadata. For example, a first app might be highly localized to a particular building (e.g., an app for a specific museum) … the "Ski Mountain Guide" app may be presented to the user whenever the user is near the ski resort named "Ski Mountain" (e.g., an alert or notification). The American Museum of Natural History app may be presented when the user is in or near the museum”]. Examiner notes that a sensor, as defined by applicant’s specification paragraphs 0025 and 0026, can comprise GPS or proximity wireless. Examiner further notes that, an explicit “range” or “distance” is not established in the specification or claims. S-M shows the ability to determine that the portable information terminal is relative to any location of interest using GPS or Wifi proximity and recommending an associated application for that location of interest. Please see secondary reference Ricci below for a location of interest that is mobile equipment (e.g. a vehicle).
display a recommendation result for an item related to the predetermined [mobile equipment] within a predetermined area of a display [(e.g. see S-M paragraphs 0005, 0019, 0029, 0054, 0067 and Fig. 4 numerals 423, 424) ”Location module 106 can include any suitable location technology using one or more wireless signals to determine a current location. In some embodiments, location module 106 includes a global positioning system (GPS) module. In some embodiments, location module 106 includes one or more of the following: WiFi location module … the app recommendation system determines a set of apps with hotspots within a threshold distance of the location of interest. The threshold distance may vary from app to app based on a number of factoring including how localized app usage is for that app at the location, the volume of app usage for that app at the location, and other app usage data and app metadata. For example, a first app might be highly localized to a particular building (e.g., an app for a specific museum) … the "Ski Mountain Guide" app may be presented to the user whenever the user is near the ski resort named "Ski Mountain" (e.g., an alert or notification). The American Museum of Natural History app may be presented when the user is in or near the museum … A localized app recommendation can be triggered (e.g., by a mobile device coming within a threshold distance of an application hotspot … Display 421 can include a user interface that displays any suitable information. A notification is illustrated on display 421. For example, the display could include information explaining the reason for the notification and/or relevance of the apps recommended in the notification (422). In some embodiments, a graphical element (e.g., an icon) corresponding to the identified app can be displayed (e.g., 423, 424, and the like). In some embodiments, apps identified as locally relevant (i.e., recommended apps) can be downloaded by selecting the graphical element (e.g., 423 or 424)”]. Examiner notes that, as depicted by Fig. 4, the recommendation screen (numeral 421) is the predetermined area of the display.
transmit predetermined data in response to selection of the recommendation result displayed on the display for the item related to the predetermined mobile equipment, the predetermined data identifying the selected item [(e.g. see S-M paragraphs 0040, 0037, 0067 and Fig. 2) ”App store system 230 can include a database 232 for storing metadata regarding apps available from the app store. App store system 230 can further include a database 234 of app data so that an app can be downloaded by a user … a unique app identifier is assigned to an app … a graphical element (e.g., an icon) corresponding to the identified app can be displayed (e.g., 423, 424, and the like). In some embodiments, apps identified as locally relevant (i.e., recommended apps) can be downloaded by selecting the graphical element (e.g., 423 or 424)”]. Examiner notes that, as depicted in Fig. 2, there exists a “Requests/Responses” connection link between the mobile device (numeral 240) and the App Store System (numeral 230), such that a user may request to download/launch the recommended app.
While S-M shows the ability to determine that the portable information terminal is relative to any location of interest using GPS or Wifi proximity, S-M does not specifically teach that the location of interest (e.g. building/location) is “mobile.” However, in the same field of invention, Ricci teaches:
in response to detecting that the predetermined mobile equipment is within a predetermined range from the portable information terminal [(e.g. see Ricci paragraphs 0149, 0159 and Fig. 9A, prov: pages 4, 57-58, 71 and Fig. 19) ”For example, a user may be operating a device in the passenger seat of an automobile. Moreover, the user may have established a connection between the device and the vehicle (e.g., via Bluetooth, direct electrical connection, wireless, radio frequency (RF), infrared (IR), etc.). In this example, the vehicle control system may utilize one or more of the vehicle/device sensors to determine the location of the device user. Upon detecting that the user and/or device in this case is located in a passenger seat, the application manager may determine that feature access should not be controlled. On the other hand, if the user was seated in a vehicle operation seat (e.g., driver's seat) the application manager may determine to limit access to one or more features of the display device, particularly the application store … the application manager determines what applications to include in the application store for presentation to the user. In this step, memberships of sets of applications corresponding to recommended applications 712, popular applications 716, applications by category 720, vehicle compatible applications”]. Examiner further notes that, an explicit predetermined “range” or “distance” around mobile equipment is not established in the specification or the claims, except for an example provided in paragraph 0037 “it is judged from the present location information acquired at S102 that portable information terminal 100 is in a land vehicle traveling on an expressway.” Examiner will interpret this limitation as determine that the portable information terminal is within a vehicle.
Therefore, considering the teachings of S-M and Ricci, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add in response to detecting that the predetermined mobile equipment is within a predetermined range from the portable information terminal, as taught by Ricci, to the teachings of S-M because daily travel is essential to engaging in commerce, it allows manufacturers to focus on making the commute, and other journeys, more enjoyable (e.g. see Ricci paragraph 0004).
S-M and Ricci do not specifically teach in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a first condition, receive, as a response to the transmitted predetermined data, data as an execution result of application software executed outside the portable information terminal, without receiving the application software itself, and display information related to the received data within the predetermined area of the display or in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a second condition different from the first condition, displaying information different from information related to the data as the execution result, without receiving the data as an execution result. However, in the same field of invention, Nike teaches:
in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a first condition, receive, as a response to the transmitted predetermined data, data as an execution result of application software executed outside the portable information terminal, without receiving the application software itself, and display information related to the received data within the predetermined area of the display [(e.g. see Nike paragraphs 0009, 0018, 0040, 0043, 0046, 0052) ”the display on the display screen of the predetermined application identified by the retrieved identification information may be permitted when the detected speed of the vehicle exceeds the predetermined speed threshold. Thus a pass list of allowed applications for high speed travel can be provided … different applications identified in the application record may be associated with different predetermined speed thresholds. Thereby different applications can be subjected to control at different vehicle speeds … the predetermined speed threshold is also referred to as a speed threshold. This separate list is in the present example stored in a different location of the memory 16 from the application list. The storage of the speed threshold is also performed in S1. S1 is preferably performed before a mobile device 4 is connected or paired with the in-vehicle apparatus 2. However, the application list and speed threshold may be uploaded to the in-vehicle apparatus 2 after a mobile device 4 has been paired with the in-vehicle apparatus 2. If the speed threshold is stored in a different location from the application list, it may be easier to update with different values. In some examples multiple speed thresholds, each of which is associated with one or more applications, need to be uploaded or stored in the in-vehicle apparatus 2. Thus, different applications may be controlled according to differing speed thresholds. For example an application that is considered to have a relatively low driver distraction impact may have a higher speed threshold than an application that is considered to have a relatively high driver distraction impact … if the first mobile device is connected to the in-vehicle apparatus 2 as the mobile device 4, application names or identification information Route planner and Video player are retrieved form the memory 16 in S4. When it is determined that the indication of the vehicle speed exceeds the stored speed threshold, the applications Route planner and Video player are prohibited from being displayed on the display screen 12 of the in-vehicles apparatus 2. Alternatively, when it is determined that the indication of the vehicle speed exceeds the stored speed threshold, applications Route planner and Video player running on the mobile device are the only applications that can be displayed on the display screen 12 of the in-vehicles apparatus 2. That is to say that all other applications are prohibited from being displayed except for Route planner and Video player running when the indication of the vehicle speed exceeds the speed threshold … the mobile device 4 includes a map or route planning application … The control unit 30 will control the display screen 6 to display the launched application”].
in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a second condition different from the first condition, displaying information different from information related to the data as the execution result, without receiving the data as an execution result [(e.g. see Nike paragraphs 0010, 0018, 0040, 0046, 0052) ”the display on the display screen of the predetermined application identified by the retrieved identification information may be prohibited when the detected speed of the vehicle exceeds the predetermined speed threshold. Thus a stop list of disallowed applications for high speed travel can be provided … different applications identified in the application record may be associated with different predetermined speed thresholds. Thereby different applications can be subjected to control at different vehicle speeds … the predetermined speed threshold is also referred to as a speed threshold. This separate list is in the present example stored in a different location of the memory 16 from the application list. The storage of the speed threshold is also performed in S1. S1 is preferably performed before a mobile device 4 is connected or paired with the in-vehicle apparatus 2. However, the application list and speed threshold may be uploaded to the in-vehicle apparatus 2 after a mobile device 4 has been paired with the in-vehicle apparatus 2. If the speed threshold is stored in a different location from the application list, it may be easier to update with different values. In some examples multiple speed thresholds, each of which is associated with one or more applications, need to be uploaded or stored in the in-vehicle apparatus 2. Thus, different applications may be controlled according to differing speed thresholds. For example an application that is considered to have a relatively low driver distraction impact may have a higher speed threshold than an application that is considered to have a relatively high driver distraction impact … if the first mobile device is connected to the in-vehicle apparatus 2 as the mobile device 4, application names or identification information Route planner and Video player are retrieved form the memory 16 in S4. When it is determined that the indication of the vehicle speed exceeds the stored speed threshold, the applications Route planner and Video player are prohibited from being displayed on the display screen 12 of the in-vehicles apparatus 2. Alternatively, when it is determined that the indication of the vehicle speed exceeds the stored speed threshold, applications Route planner and Video player running on the mobile device are the only applications that can be displayed on the display screen 12 of the in-vehicles apparatus 2. That is to say that all other applications are prohibited from being displayed except for Route planner and Video player running when the indication of the vehicle speed exceeds the speed threshold … The applications may be any application executable by the mobile device 4 and may include … an audio playback application”].
Therefore, considering the teachings of S-M, Ricci and Nike, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a first condition, receive, as a response to the transmitted predetermined data, data as an execution result of application software executed outside the portable information terminal, without receiving the application software itself, and display information related to the received data within the predetermined area of the display and in a case that the predetermined mobile equipment is within the predetermined range from the portable information terminal under a second condition different from the first condition, displaying information different from information related to the data as the execution result, without receiving the data as an execution result, as taught by Nike, to the teachings of S-M and Ricci because it allows driver distraction by applications to be effectively controlled (e.g. see Nike paragraph 0046).
As for dependent claim 2, S-M, Ricci and Nike teach the device as described in claim 1 and S-M further teaches:
further comprising a wide-area communicating interface configured to obtain information related to the selected item from an external server [(e.g. see S-M paragraph 0052, 0129 and Fig. 2) ”a method 350 of determining which apps to present in an app recommendation. This process can be performed by an app recommendation system on a mobile device (e.g., mobile device 101, 240, or the like) or an app recommendation system on a remote server computer (e.g., app recommendation server 220, app store system 230, or the like) … connect the computer apparatus to a wide area network such as the Internet”].
wherein the processor is programmed to detect a user’s selection of the recommended result for the selected item [(e.g. see S-M paragraphs 0067, 0095) ”a graphical element (e.g., an icon) corresponding to the identified app can be displayed (e.g., 423, 424, and the like). In some embodiments, apps identified as locally relevant (i.e., recommended apps) can be downloaded by selecting the graphical element (e.g., 423 or 424) … actuating the icon 785 causes mobile device 700 to download and/or launch the application (here, the "Musee de Louvre App")”].
wherein, in response to the user’s selection, the processor is programmed to obtain the information related to the selected item from the external server [(e.g. see S-M paragraphs 0040, 0063, 0067) ”One of the mechanisms for local app discovery is notifications of relevant apps when the user arrives to an area with highly localized apps. Notifications can be provided for both apps that are already installed on the user's mobile device ("installed apps") and apps that are not installed on the user's mobile device ("uninstalled apps") … App store system 230 can further include a database 234 of app data so that an app can be downloaded by a user … apps identified as locally relevant (i.e., recommended apps) can be downloaded by selecting the graphical element (e.g., 423 or 424). In some embodiments, recommended apps can be launched by selecting the graphical element (e.g., 423 or 424)”].
wherein the processor is programmed to display the obtained information within the predetermined area of the display [(e.g. see S-M paragraphs 0067, 0095) ”In some embodiments, recommended apps can be launched by selecting the graphical element (e.g., 423 or 424) … actuating the icon 725 causes mobile device 700 to download and/or launch the application associated with icon 725 (here, the "Ski Whistler App")”].
As for dependent claim 3, S-M, Ricci and Nike teach the device as described in claim 1 and S-M further teaches:
wherein when the selected item is not stored in the storage, the processor is programmed to transmit the predetermined data identifying the selected item to an external server and receives, from the external server, the data [(e.g. see S-M paragraphs 0040, 0063, 0067) ”One of the mechanisms for local app discovery is notifications of relevant apps when the user arrives to an area with highly localized apps. Notifications can be provided for both apps that are already installed on the user's mobile device ("installed apps") and apps that are not installed on the user's mobile device ("uninstalled apps") … App store system 230 can further include a database 234 of app data so that an app can be downloaded by a user … apps identified as locally relevant (i.e., recommended apps) can be downloaded by selecting the graphical element (e.g., 423 or 424). In some embodiments, recommended apps can be launched by selecting the graphical element (e.g., 423 or 424)”].
S-M does not specifically teach the data as the execution result without receiving the application software itself. However, Ricci teaches:
the data as the execution result without receiving the application software itself [(e.g. see Ricci paragraphs 0129, 0179, prov: pages 46, 47, 69, 70) ”The items displayed in the tray area 640a may … reside in at least one remote memory location (e.g., the cloud). It is an aspect of the present disclosure that applications may be accessed, purchased, and/or sampled from at least one application store 560 via the app store icon 648. The App store icon 648 may reside in the tray area 640a. Once at least one application is chosen … it may be accessible from any number of folders 636a, 636b, 636c, . . . , 636n and/or as an icon displayed to the GUI … certain components of the system can be located remotely, at distant portions of a distributed network, such as a LAN and/or the Internet, or within a dedicated system. … It will be appreciated from the preceding description, and for reasons of computational efficiency, that the components of the system can be arranged at any location within a distributed network of components without affecting the operation of the system. For example, the various components can be located in a server”].
The motivation to combine is the same as that used for claim 1.
As for dependent claim 4, S-M, Ricci and Nike teach the device as described in claim 1 and S-M further teaches:
wherein the processor is further programmed to obtain present position information of the portable information terminal [(e.g. see S-M paragraphs 0029) ”Location module 106 can include any suitable location technology using one or more wireless signals to determine a current location”].
wherein the processor is programmed to display the recommendation result based on the present position information [(e.g. see S-M paragraphs 0065-0067, 0107 and Fig. 4) ”This makes it easier to find the locally relevant installed apps for a particular location and time … Users 410-415 can each can have a mobile device (e.g., mobile device 101, 240, etc.) for providing app recommendations in accordance with embodiments of the invention … Only one of the mobile devices (420) is shown in FIG. 4, which corresponds to User 410's mobile device. Reference numerals 410-415 could also refer to the various positions of a single user at various times … User 410 is positioned within two areas identified as hotspot 440 for Local App A and hotpot 450 for Local App B. User 410 can be associated with mobile device 420. For example, user 410 could be carrying mobile device 420. A location module of mobile device 420 can determine the current location of mobile device 420. An app recommendation module on mobile device 420 (or in operative communication with mobile device 420) can determine whether the current location of mobile device 420 corresponds to one or more hotspots for particular apps”].
As for dependent claim 5, S-M, Ricci and Nike teach the device as described in claim 1 and S-M further teaches:
wherein the processor is further programmed to obtain present time information [(e.g. see S-M paragraphs 0016, 0065) ”Often there is a link between spatio-temporal localization and relevance. That is, humans often exhibit a high degree of temporal and spatial regularity. For example, individuals are likely to visit a few highly frequented locations. Individuals may return to highly frequented locations because of the activities that are performed at the locations and/or the tasks being accomplished at the locations. Similarly, the time of day locations are frequented can relate to the activities that are performed at the locations and/or the tasks being accomplished at the locations … numerals 410-415 could also refer to the various positions of a single user at various times”].
and wherein the processor is programmed to display the recommendation result based on the present time information [(e.g. see S-M paragraphs 0016, 0065-0067, 0107 and Fig. 4) ”This makes it easier to find the locally relevant installed apps for a particular location and time … Users 410-415 can each can have a mobile device (e.g., mobile device 101, 240, etc.) for providing app recommendations in accordance with embodiments of the invention … Only one of the mobile devices (420) is shown in FIG. 4, which corresponds to User 410's mobile device. Reference numerals 410-415 could also refer to the various positions of a single user at various times … User 410 is positioned within two areas identified as hotspot 440 for Local App A and hotpot 450 for Local App B. User 410 can be associated with mobile device 420. For example, user 410 could be carrying mobile device 420. A location module of mobile device 420 can determine the current location of mobile device 420. An app recommendation module on mobile device 420 (or in operative communication with mobile device 420) can determine whether the current location of mobile device 420 corresponds to one or more hotspots for particular apps … space-time localization of human activities (some areas may exhibit different popular activities at different times of the day) can be identified”].
As for dependent claim 6, S-M, Ricci and Nike teach the device as described in claim 1 and S-M further teaches:
wherein the processor is further programmed to: obtain present position information of the portable information terminal and obtain present time information [(e.g. see S-M paragraphs 0016, 0029, 0065) ”Location module 106 can include any suitable location technology using one or more wireless signals to determine a current location … Often there is a link between spatio-temporal localization and relevance. That is, humans often exhibit a high degree of temporal and spatial regularity. For example, individuals are likely to visit a few highly frequented locations. Individuals may return to highly frequented locations because of the activities that are performed at the locations and/or the tasks being accomplished at the locations. Similarly, the time of day locations are frequented can relate to the activities that are performed at the locations and/or the tasks being accomplished at the locations … numerals 410-415 could also refer to the various positions of a single user at various times”].
and wherein the processor is programmed to display the recommendation result based on at least one of the present position information and the present time information [(e.g. see S-M paragraphs 0065-0067, 0107 and Fig. 4) ”This makes it easier to find the locally relevant installed apps for a particular location and time … Users 410-415 can each can have a mobile device (e.g., mobile device 101, 240, etc.) for providing app recommendations in accordance with embodiments of the invention … Only one of the mobile devices (420) is shown in FIG. 4, which corresponds to User 410's mobile device. Reference numerals 410-415 could also refer to the various positions of a single user at various times … User 410 is positioned within two areas identified as hotspot 440 for Local App A and hotpot 450 for Local App B. User 410 can be associated with mobile device 420. For example, user 410 could be carrying mobile device 420. A location module of mobile device 420 can determine the current location of mobile device 420. An app recommendation module on mobile device 420 (or in operative communication with mobile device 420) can determine whether the current location of mobile device 420 corresponds to one or more hotspots for particular apps”].
As for independent claim 7, S-M, Ricci and Nike teach a method. Claim 7 discloses substantially the same limitations as claim 1. Therefore, it is rejected with the same rational as claim 1.
As for dependent claim 8, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 8 discloses substantially the same limitations as claim 2. Therefore, it is rejected with the same rational as claim 2.
As for dependent claim 9, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 9 discloses substantially the same limitations as claim 3. Therefore, it is rejected with the same rational as claim 3.
As for dependent claim 10, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 10 discloses substantially the same limitations as claim 4. Therefore, it is rejected with the same rational as claim 4.
As for dependent claim 11, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 11 discloses substantially the same limitations as claim 5. Therefore, it is rejected with the same rational as claim 5.
As for dependent claim 12, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 12 discloses substantially the same limitations as claim 6. Therefore, it is rejected with the same rational as claim 6.
As for dependent claim 13, S-M, Ricci and Nike teach the device as described in claim 1, but S-M does not specifically teach wherein the processor is further programmed to switch between displaying or not displaying a recommendation result for a predetermined icon according to a state of the portable information terminal even when the predetermined mobile equipment is within the predetermined range from the portable information terminal. However, Ricci teaches:
wherein the processor is further programmed to switch between displaying or not displaying a recommendation result for a predetermined icon according to a state of the portable information terminal even when the predetermined mobile equipment is within the predetermined range from the portable information terminal [(e.g. see Ricci paragraphs 0148, 0149 and prov: pages 57-58 and Fig. 19) ”The application manager may also recognize one or more characteristics associated with a user, the user's vehicle, and/or device and limit access to device features at least partially based on the one or more characteristic … these characteristics may include, but are not limited to, location of the user and/or device, user profile settings, user preferences, registration status of the device, device settings, programmed conditions, and the like. For example, a user may be operating a device in the passenger seat of an automobile. Moreover, the user may have established a connection between the device and the vehicle (e.g., via Bluetooth, direct electrical connection, wireless, radio frequency (RF), infrared (IR), etc.). In this example, the vehicle control system may utilize one or more of the vehicle/device sensors to determine the location of the device user. Upon detecting that the user and/or device in this case is located in a passenger seat, the application manager may determine that feature access should not be controlled. On the other hand, if the user was seated in a vehicle operation seat (e.g., driver's seat) the application manager may determine to limit access to one or more features of the display device, particularly the application store”].
The motivation to combine is the same as that used for claim 1.
As for dependent claim 14, S-M, Ricci and Nike teach the device as described in claim 1, but S-M does not specifically teach wherein the predetermined mobile equipment is a vehicle. However, Ricci teaches:
wherein the predetermined mobile equipment is a vehicle [(e.g. see Ricci paragraph 0057 and Fig. 2, prov: page 9 and Fig. 1) ”The term "vehicle" refers to a device or structure for transporting animate and/or inanimate or tangible objects (e.g., persons and/or things), such as a self-propelled conveyance. The term "vehicle" as used herein includes any conveyance, or model of a conveyance, where the conveyance was originally designed for the purpose of moving one or more tangible objects, such as people, animals, cargo, and the like”].
The motivation to combine is the same as that used for claim 1.
As for dependent claim 15, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 15 discloses substantially the same limitations as claim 13. Therefore, it is rejected with the same rational as claim 13.
As for dependent claim 16, S-M, Ricci and Nike teach the method as described in claim 7; further, claim 16 discloses substantially the same limitations as claim 14. Therefore, it is rejected with the same rational as claim 14.
Response to Arguments
Applicant's arguments, filed 18 February 2026, have been fully considered but they are not persuasive.
Applicant argues that [“the combination of S-M, Ricci, and Nike fails to teach or suggest the claimed flow of ‘selection -> predetermined data identifying the selected item -> execution-result data reception (without receiving the application software itself).” (Page 10).].
Examiner respectfully disagrees. Applicant provided an example to show 35 U.S.C. 112(a) written description support in the previous 08 July 2025 response [“including behavior under different conditions (e.g. driving at lower vs. higher speeds) even while the terminal remains within the predetermined range (i.e. inside the vehicle). Under a first condition, the application software is executed on a server, and the received execution result is displayed (e.g. traffic map). Under a second, different condition, no such execution result is received or displayed; instead, other information (e.g. ETA or sightseeing info) is displayed”]. Based on this interpretation, a map application is an example of an application that operates outside the portable information terminal. One of ordinary skill in the art, namely a software developer, would recognize that Nike allows a user to select a map/route application when within range of a vehicle and travelling at a particular speed (see Nike paragraphs 0009, 0010, 0018, 0040, 0043, 0046, 0052). Moreover, Ricci also teaches an execution result of application software executed outside the portable information terminal, without receiving the application software itself in paragraphs 0129, 0179, provisional: pages 46, 47, 69, 70 of Ricci’s disclosure [“The items displayed in the tray area 640a may … reside in at least one remote memory location (e.g., the cloud). It is an aspect of the present disclosure that applications may be accessed, purchased, and/or sampled from at least one application store 560 via the app store icon 648. The App store icon 648 may reside in the tray area 640a. Once at least one application is chosen … it may be accessible from any number of folders 636a, 636b, 636c, . . . , 636n and/or as an icon displayed to the GUI … certain components of the system can be located remotely, at distant portions of a distributed network, such as a LAN and/or the Internet, or within a dedicated system. … It will be appreciated from the preceding description, and for reasons of computational efficiency, that the components of the system can be arranged at any location within a distributed network of components without affecting the operation of the system. For example, the various components can be located in a server”]. Thus, the combination adequately teaches applicant’s claimed limitation.
Applicant argues that [“The cited art does not teach the claimed ‘second condition’ … Nike does not teach that, under a ‘second condition’ the portable information terminal still displays information, but that the displayed information is different from information related to execution-result data, while also not receiving the execution result data” (Pages 10 and 11).].
Examiner respectfully disagrees. Nike teaches a second condition in paragraphs 0009, 0010, 0018, 0040, 0043, 0046, 0052 [(see rejection of claim 1 above)]. One of ordinary skill in the art, namely a software developer, would recognize that a speed threshold for applications creates two conditions: travelling faster than the speed threshold or travelling slower than the speed threshold. In Nike, one condition allows the map/route application to be displayed (e.g. software executed on a server) and under a second condition, the map/route application is prohibited from being displayed, but an audio application can be displayed (e.g. different information). This is again similar to the example provided by applicant to show 35 U.S.C. 112(a) written description support in the previous 08 July 2025 response [“including behavior under different conditions (e.g. driving at lower vs. higher speeds) even while the terminal remains within the predetermined range (i.e. inside the vehicle). Under a first condition, the application software is executed on a server, and the received execution result is displayed (e.g. traffic map). Under a second, different condition, no such execution result is received or displayed; instead, other information (e.g. ETA or sightseeing info) is displayed”]. Thus, the combination adequately teaches applicant’s claimed limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 8,904,051 B2 issued to Lee et al. on 02 December 2014. The subject matter disclosed therein is pertinent to that of claims 1-16 (e.g. target device communicating applications with a connected external device).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J FIBBI whose telephone number is (571)-270-3358. The examiner can normally be reached Monday - Thursday (8am-6pm).
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, William Bashore can be reached at (571)-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER J FIBBI/Primary Examiner, Art Unit 2174