DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/30/2026 has been entered.
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 .
Claim Rejections - 35 USC § 101
3. 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.
4. Claims 1 – 4, 6 – 8, 10 - 13 and 15 - 20 are directed to an abstract idea without significantly more. Independent claim 1 recites a method for managing resources on a mobile device, comprising: intercepting, by a local proxy on the mobile device, triggers from multiple applications; and tracking, by the local proxy, use of network resources resulting from the triggers on the mobile device; determining correlations based on time and frequency analysis between the triggers and the corresponding use of the at least one network resource; and manipulating, based on the correlations, timing of some or all of the triggers to cause the triggers to fire off at the same time during a single radio active state window to optimize the use of the at least one network resource on the mobile device, wherein manipulating the timing of some or all of the triggers includes delaying at least one trigger and accelerating at least one trigger.
The limitations, as drafted, describe a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. The abstract idea limitations are “tracking triggers…” and “determining…” in Prong I step 2A. Other limitations including “intercepting …,” “manipulating…” and “wherein manipulating … are considered pre/post-activity solutions for finding information which is merely an applied application which insignificantly amounts to a judicial exception. Thus, these claims are directing to abstract idea under 35 USC 101.
That is, other than reciting “managing resources on a mobile device…” and “by a local proxy of the mobile device …,” nothing in the claim elements preclude the steps from practically being performed in the mind. All of the non-abstract limitations are pre/post-activity solutions for getting/obtaining/manipulating/displaying data without significantly more. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the components in the determining step are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of receiving information, executing a function and making a decision) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Additionally, the steps of “intercepting …,” manipulating …” and “wherein manipulating …” are pre/post-activity solutions as gathering/manipulating data that are insignificant under Prong II step 2A and 2B. See buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network) as noted in MPEP 2106.05(d)(II)(i). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible. Independent claims 10 and 18 are rejected on the same basis as independent claim 1. Additionally, dependent claims 2 – 4, 6 - 8, 11 – 13, 15 - 17, 19 and 20 are similarly rejected as being directed to an abstract idea since these claims are either further detailing the abstract idea by analyzing/processing the data or the elements are insignificant. More specifically, the dependent claims do not include additional elements, alone or in combination, that are sufficient to amount to significantly more than the judicial exception.
As per claims 2 and 11, wherein the triggers include alarms and timers (additional element under Prong II step 2A).
As per claims 3 and 12, wherein the triggers perform scheduled tasks that use the at least one network resource on the mobile device (additional element under Prong II step 2A).
As per claims 4 and 13, wherein the manipulation of timing of the triggers also optimizes use of battery, network, CPU, memory or a combination thereof (additional element under Prong II step 2A).
As per claim 6, wherein manipulating some or all of the triggers includes delaying the first and subsequent triggers to fire off at the same time as the last trigger (additional element under Prong II step 2A).
As per claim 7, detecting a pattern in which a trigger fires off; and based on the pattern, delaying the trigger from firing off during a period of time, wherein delaying the trigger from firing off includes preventing the trigger from firing off when user activity is not predicted (additional element under Prong II step 2A).
As per claim 8, wherein the trigger is an alarm that brings the mobile device out of sleep mode (additional element under Prong II step 2A).
As per claim 15, wherein manipulating timing of some or all of the triggers includes modifying initial values of the corresponding triggers in an operating system of the mobile device (additional element under Prong II step 2A).
As per claim 16, determining, from the tracking, patterns in which the triggers fire off; and preventing, based on the patterns, the triggers from firing off when user activity is not predicted or when the battery level is below a threshold (additional element under Prong II step 2A).
As per claim 19, wherein the triggers include alarms or timers that perform scheduled tasks and utilize the network resource on the mobile device (additional element under Prong II step 2A).
As per claim 20, wherein manipulating timing or frequency of some or all of the triggers includes modifying initial values of the corresponding triggers in the operating system; and wherein the manipulation of timing of the triggers also optimizes the use of battery, CPU and memory resources (additional element under Prong II step 2A).
Claim Rejections - 35 USC § 103
5. 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.
6. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. 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.
8. Claims 1, 3, 6, 7, 9 – 13 and 17 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Luna et al. (U.S. Publication 2012/0110110) (Luna hereinafter), McGrath et al. (U.S. Publication 2013/0326506) (McGrath hereinafter) and Luoma et al. (U.S. Publication 2010/0322124) (Luoma hereinafter) in further view of Huang et al. (U.S. Publication 2008/0148291) (Huang hereinafter).
9. As per claim 1, Luna teaches a method for managing resources on a mobile device [Mobile Device 150, fig. 1B], comprising:
intercepting, by a local proxy on the mobile device, triggers from multiple applications [“the local proxy 275, upon receipt of an outgoing request from its mobile device 250 or from an application or other type of client on the mobile device 250, can intercept the request and determine whether a cached response is available in the local cache 285 of the mobile device 250.” ¶ 0217; outgoing requests mapped to triggers]; and tracking, by the local proxy, use of network resources resulting from the triggers on the mobile device [“If so, the outgoing request is responded to by the local proxy 275 using the cached response on the cache of the mobile device. As such, the outgoing request can be filled or satisfied without a need to send the outgoing request over the wireless network, thus conserving network resources and battery consumption.” ¶ 0217; “FIG. 4 depicts a timing diagram showing how data requests from a mobile device (e.g., any wireless device) to an application server/content provider in a wireless network (or broadband network) can be coordinated by a distributed proxy system in a manner such that network and battery resources are conserved through using content caching and monitoring performed by the distributed proxy system.” ¶ 0018].
Luna does not explicitly disclose but McGrath discloses determining correlations based on time and frequency analysis between the triggers and the corresponding use of the at least one network resource [“the resource control module 350 is triggered to examine node 232 active capacity metrics in three situations: addition of a new application (and thus container 325) to a node 232, migration of a container 325 between nodes 232, and during a resource status check occurring at pre-determined intervals. For example, when a new application is initialized in the PaaS system, the broker layer 226 determines where containers 325 executing the components of the application should be instantiated. As part of this determination, the active capacity of current nodes 232 is examined in order to instantiate the containers 325 on the least-utilized node 232. If all nodes 232 are found to be at or near their active capacity threshold, then a new node 232 should be added to the PaaS system to control capacity within the system,” ¶ 0054; resource status checking at pre-determined intervals suggests time and frequency analysis of triggered events in light of their impact on active capacity metrics (i.e., corresponding use of at least one network resource) ].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna and McGrath available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna to include the capability of network resource optimization using triggers as taught by McGrath, thereby facilitating efficient use of computing and network resources.
Luna and McGrath do not explicitly disclose but Luoma discloses manipulating, based on the correlations, timing of some or all of the triggers to cause the triggers to fire off at the same time during a single radio active state window to optimize the use of the at least one network resource on the mobile device [“To address the general problem of energy consumption when using always-on wireless connections as well as the specific problem of energy consumption when transmitting keep-alive messages over a wireless network, the system 100 of FIG. 1, according to certain embodiments, provides for (1) buffering non-real time data that is to be transmitted, and initiating transmission of the buffered data when the radio of the wireless device is in active state that is triggered by an even unrelated to the buffered non-real time data, e.g., a telephone call, a short message service (SMS) message, or a multimedia messaging service (MMS) message; (2) designating one common keep-alive message to represent multiple keep-alive messages corresponding to different applications; and (3) synchronizing the transmission of data from a client to a corresponding application server and the transmission of data from the application server to client so that they occur concurrently,” ¶ 0028; synchronization of data transmission during an active radio state suggests causing the triggers to fire at the same time].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath and Luoma available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna and McGrath to include the capability of optimizing energy consumption for wireless connectivity as taught by Luoma, thereby facilitating efficient use of computing and network resources [Luoma ¶ 0024].
Luna, McGrath and Luoma do not explicitly disclose but Huang discloses wherein manipulating some or all of the triggers includes delaying at least one trigger, and accelerating at least one trigger [“a timer "set" input 208 for starting the Delay Timer 120, which Delay Timer will the expire (fire) after a predetermined delay, and a timer "clear" input 210 for stopping the Delay Timer 120, i.e. preventing it from firing,” ¶ 0030; clearing the delay timer effectively accelerates/triggers reading of FIFO contents suggesting acceleration of a trigger].
lt would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma and Huang available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath and Luoma to include the capability of wireless communication optimization using triggers as taught by Huang, thereby facilitating efficient use of computing and network resources.
10. As per claim 3, Luna, McGrath, Luoma and Huang teach the method of claim 1. McGrath further teaches wherein the triggers perform scheduled tasks that use the at least one network resource on the mobile device ["A similar process takes place to determine if nodes within a district should be removed due to excess capacity. In one embodiment, the process to remove a node 232 is triggered when the periodic status checks occur.” ¶ 0058; periodic status checks suggest a schedule].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna and McGrath available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna to include the capability of network resource optimization using triggers as taught by McGrath, thereby facilitating efficient use of computing and network resources.
11. As per claim 6, Luna, McGrath, Luoma and Huang teach the method of claim 1. Huang further teaches wherein manipulating some or all of the triggers includes delaying the first and subsequent triggers to fire off at the same time as the last trigger [“a timer "set" input 208 for starting the Delay Timer 120, which Delay Timer will the expire (fire) after a predetermined delay, and a timer "clear" input 210 for stopping the Delay Timer 120, i.e. preventing it from firing,” ¶ 0030).
lt would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma and Huang available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath and Luoma to include the capability of wireless communication optimization using triggers as taught by Huang, thereby facilitating efficient use of computing and network resources.
12. As per claim 7, Luna, McGrath, Luoma and Huang teach the method of claim 1. Luna further teaches wherein delaying the trigger from firing off includes preventing the trigger from firing off when user activity is not predicted [“the proxy server 325 can detect multiple occurrences of events (e.g., transactions, content, data received from server/provider 310) and allow the events to accumulate for batch transfer to device 350. Batch transfer can be cumulated and transfer of events can be delayed based on priority awareness and/or user activity/application behavior awareness as tracked by modules 367 and/or 366.” ¶ 0287].
Huang further teaches detecting a pattern in which a trigger fires off; and based on the pattern, delaying the trigger from firing off during a period of time [“FIG. 2 also shows a FIFO input 202 connected to receive packets over the link 136 to the network 112: a FIFO threshold 204 representing a predetermined fill level in the FIFO 118; a FIFO output 206 coupled to the link 150 over which the software 114 (when in the polling state) may read the contents of the FIFO 118; a timer "set" input 208 for starting the Delay Timer 120, which Delay Timer will the expire (fire) after a predetermined delay, and a timer "clear" input 210 for stopping the Delay Timer 120, i.e. preventing it from firing,” ¶ 0030; reaching a threshold representing a predetermined fill level mapped to pattern detection].
lt would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma and Huang available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath and Luoma to include the capability of wireless communication optimization using triggers as taught by Huang, thereby facilitating efficient use of computing and network resources.
13. As per claim 10, it is a device claim having similar limitations as cited in claim 1. Thus, claim 10 is also rejected under the same rationale as cited in the rejection of claim 1 above.
14. As per claim 12, it is a device claim having similar limitations as cited in claim 3. Thus, claim 12 is also rejected under the same rationale as cited in the rejection of claim 3 above.
15. As per claim 18, it is a media claim having similar limitations as cited in claim 1. Thus, claim 18 is also rejected under the same rationale as cited in the rejection of claim 1 above.
16. As per claim 19, Luna, McGrath, Luoma and Huang teach the medium of claim 18. McGrath further teaches wherein the triggers include alarms or timers that perform scheduled tasks and utilize the network resource on the mobile device ["A similar process takes place to determine if nodes within a district should be removed due to excess capacity. In one embodiment, the process to remove a node 232 is triggered when the periodic status checks occur.” ¶ 0058; periodic status checks suggest a schedule].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna and McGrath available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna to include the capability of network resource optimization using triggers as taught by McGrath, thereby facilitating efficient use of computing and network resources.
17. Claims 2, 4, 8, 11, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Luna, McGrath and Luoma in further view of Huang and Lei et al. (U.S. Publication 2013/0036428) (Lei hereinafter)
18. As per claim 2, Luna, McGrath, Luoma and Huang teach the method of claim 1. Luna, McGrath, Luoma and Huang do not explicitly disclose but Lei discloses wherein the triggers include alarms and timers [“In summary, according to the event management method for a mobile device (e.g. a mobile phone) of the invention, by using the centralized event manager, non-timing critical and periodical events can be collective triggered along with timing critical events such that no non-timing critical event is triggered alone and the mobile device can be waked up from the sleep state for less times, thus minimizing the times the mobile device being woke up from the sleep state and achieving the purpose of power saving. Moreover, the mobile device can have longer sleep without being interrupted by each non-real-time and periodical event, thereby improving the average current during the sleep mode and resulting in a batter battery life,” ¶ 0039; collective triggering suggests causing the triggers to fire at the same time].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Lei available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of wireless communication optimization using triggers as taught by Lei, thereby facilitating efficient use of computing and network resources [Lei ¶ 0006].
19. As per claim 4, Luna, McGrath, Luoma and Huang teach the method of claim 3. Luna, McGrath, Luoma and Huang do not explicitly disclose but Lei discloses wherein the manipulation of timing of the triggers also optimizes use of battery, network, CPU, memory or a combination thereof [“In summary, according to the event management method for a mobile device (e.g. a mobile phone) of the invention, by using the centralized event manager, non-timing critical and periodical events can be collective triggered along with timing critical events such that no non-timing critical event is triggered alone and the mobile device can be waked up from the sleep state for less times, thus minimizing the times the mobile device being woke up from the sleep state and achieving the purpose of power saving. Moreover, the mobile device can have longer sleep without being interrupted by each non-real-time and periodical event, thereby improving the average current during the sleep mode and resulting in a batter battery life,” ¶ 0039; collective triggering suggests causing the triggers to fire at the same time].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Lei available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of wireless communication optimization using triggers as taught by Lei, thereby facilitating efficient use of computing and network resources [Lei ¶ 0006].
20. As per claim 8, Luna, McGrath, Luoma and Huang teach the method of claim 7. Luna, McGrath, Luoma and Huang do not explicitly disclose but Lei discloses wherein the trigger is an alarm that brings the mobile device out of sleep mode [waking a mobile device from sleep mode upon the occurrence of an event, ¶ 0023].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Lei available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of wireless communication optimization using triggers as taught by Lei, thereby facilitating efficient use of computing and network resources [Lei ¶ 0006].
21. As per claim 11, it is a device claim having similar limitations as cited in claim 2. Thus, claim 11 is also rejected under the same rationale as cited in the rejection of claim 2 above.
22. As per claim 13, it is a device claim having similar limitations as cited in claim 4. Thus, claim 13 is also rejected under the same rationale as cited in the rejection of claim 4 above.
23. As per claim 20, Luna, McGrath, Luoma and Huang teach the medium of claim 18. Luna, McGrath, Luoma and Huang do not explicitly disclose but Lei discloses wherein manipulating timing or frequency of some or all of the triggers includes modifying initial values of the corresponding triggers in the operating system; and wherein the manipulation of timing of the triggers also optimizes the use of battery, CPU and memory resources [“In summary, according to the event management method for a mobile device (e.g. a mobile phone) of the invention, by using the centralized event manager, non-timing critical and periodical events can be collective triggered along with timing critical events such that no non-timing critical event is triggered alone and the mobile device can be waked up from the sleep state for less times, thus minimizing the times the mobile device being woke up from the sleep state and achieving the purpose of power saving. Moreover, the mobile device can have longer sleep without being interrupted by each non-real-time and periodical event, thereby improving the average current during the sleep mode and resulting in a batter battery life,” ¶ 0039; collective triggering suggests causing the triggers to fire at the same time].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Lei available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of wireless communication optimization using triggers as taught by Lei, thereby facilitating efficient use of computing and network resources [Lei ¶ 0006].
24. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Luna, McGrath, Luoma and Huang in further view of Salomone et al. (U.S. Publication 2010/0157864) (Salomone hereinafter).
25. As per claim 15, Luna, McGrath, Luoma and Huang teach the mobile device of claim 10. Luna, McGrath, Luoma and Huang do not explicitly disclose but Salomone discloses wherein manipulating timing of some or all of the triggers includes modifying initial values of the corresponding triggers in an operating system of the mobile device [“with reference to FIG. 3, the mobile device is illustrated as being moved from location markers 314 through 322, continually away from wireless AP 312 with which it is associated. At location marker 314 (i.e. very close to wireless AP 312), the mobile device identifies a relatively strong receive signal strength value for wireless AP 312, and therefore may (repeatedly) initialize a scan trigger timer with a relatively high value (e.g. T.sub.314) so that background scanning is performed very seldom (if at all). Conversely, at location marker 320 (i.e. near the fringe of RF coverage area 306), the mobile device identifies a relatively weak receive signal strength value for wireless AP 312, and therefore may (repeatedly) initialize the scan trigger timer with a relatively low value (e.g. T.sub.322<<T.sub.314) so that background scanning is performed relatively often. In between location markers 314 and 320 (i.e. from location markers 314, 316, 318, to 320), the mobile device identifies continually decreasing receive signal strength values for wireless AP 312, and therefore may initialize the scan trigger timer to ever decreasing values. As apparent, the initial value of the scan trigger timer is set based on a predetermined relationship with the receive signal strength value where, as the receiver signal strength value decreases, the initial value of the scan trigger timer correspondingly decreases,” ¶ 0039].
It would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Salomone available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of managing scan triggers in mobile devices as taught by Salomone, thereby facilitating efficient use of computing and network resources [Salomone ¶ 0007].
26. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Luna, McGrath, Luoma and Huang in further view of Morley et al. (U.S. Patent 8,958,854) (Morley hereinafter).
27. As per claim 16, Luna, McGrath, Luoma and Huang teach the mobile device of claim 10. Luna, McGrath, Luoma and Huang do not explicitly disclose but Morley discloses determining, from the tracking, patterns in which the triggers fire off; and preventing, based on the patterns, the triggers from firing off when user activity is not predicted or when the battery level is below a threshold [“if the configuration setting is saved as the operational configuration setting during the working meeting, the battery threshold manager starts monitoring operation of the mobile device 1b in relation to the trigger condition set (e.g., date and time in relation to a calendar event). The battery threshold manager continues to monitor the operation of the mobile device 1b, and, at 11 a.m. on Dec. 9, 2010 (e.g., at the start of the scheduled working meeting for the user), the battery threshold manager determines that the condition for the trigger is met, and as a result the battery threshold manager alerts (or notifies) the user and/or turns off the selected GPS, Bluetooth, and WiFi components of the mobile device 1b, as previously defined and saved in the operational configuration setting by the user. Further, when the selected component of the mobile device 1b is turned off (e.g., WiFi is turned off), at least one associated secondary application or service can be automatically turned off. That is, when at least one selected application, service, or component of the mobile device (e.g., applications or services that were previously selected by the user) is turned off, the battery threshold manager may turn off automatically at least one associated secondary application, service, or component of the mobile device (e.g., all other applications and services that are currently using WiFi are also turned off),” col. 13, lines 26 – 49].
lt would have been obvious to one of ordinary skill in the art, having the teachings of Luna, McGrath, Luoma, Huang and Morley available before the effective filing date of the claimed invention, to modify the method of detecting and processing triggers as disclosed by Luna, McGrath, Luoma and Huang to include the capability of wireless communication optimization using triggers as taught by Morley, thereby facilitating efficient use of computing and network resources.
Response to Arguments
Claim Rejections - 35 USC § 101
28. Applicant's arguments have been fully considered but they are not persuasive.
29. Applicant argues on page 7 that “No human mind can create, observe, or coordinate activities within radio active state windows, because they are states of hardware that exist only within mobile device radio systems.” However, the “tracking …” limitation recites tracking the use of network resources, not the internal workings of the mobile device. Tracking usage of network resources can be performed as a mental exercise. The same is true of the “determining correlations …” limitation. Additionally, the limitations identified as being pre/post activity solutions are conducted in support of the abstract idea limitations.
30. Regarding the arguments relating to integration into a practical application, the specification refers in general to wireless devices, which comprise generic computing technology.
Claim Rejections - 35 USC § 103
31. Applicant's arguments have been fully considered but they are not persuasive.
32. Applicant argues on page 8 and 9 that Luoma does not analyze correlations between triggers and resource usage. As is recited above, Luoma is not cited as teaching or suggesting this limitation. Applicant also argues that Luoma does not “decide when an active radio active state window should occur.” This language does not appear in the claim. It is noted that the features upon which applicant relies are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
33. Applicant additionally argues that Luoma does not manipulate the timing of any trigger. However, as recited above, synchronization of bi-directional data transmission during an active radio state suggests causing the triggers to fire at the same time.
34. Applicant next argues on pages 9 and 10 that McGrath does not teach determining correlations between application triggers and corresponding network resource usage on a mobile device. As recited above, resource status checking at pre-determined intervals suggests time and frequency analysis of triggered events in light of their impact on active capacity metrics (i.e., corresponding use of at least one network resource). Additionally, McGrath is cited in combination with the other noted references to include applicability to mobile devices.
35. Applicant lastly argues on page 10 that no proper motivation to combine references exists. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the reasons for combining references are recited above..
Conclusion
36. This is a Request for Continued Examination of applicant's earlier Application No. 17/699,220. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
37. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C WOOD whose telephone number is (571)272-5285. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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, Chat C Do can be reached at 571-272-3721. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM C WOOD/Examiner, Art Unit 2193
/Chat C Do/Supervisory Patent Examiner, Art Unit 2193
Prosecution Insights