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 .
This Action is in response to communications filed 10/11/2025.
Claims 1-70 are pending in this application.
Claims 1-70 are presented for examination.
Re-opening Prosecution
In view of the appeal brief filed on 10/11/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/KAMAL B DIVECHA/ Supervisory Patent Examiner, Art Unit 2453
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/21/2026 AND 10/29/2025 was filed after the mailing date of the Final Rejection on 03/11/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 18, 50, 68 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10, 18, 50 contains the trademark/trade name such as Linux, Fedora, Gentoo, Linspire, Mac, etc. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name.
In the present case, the trademark/trade name is used to identify/describe operating systems and, accordingly, the identification/description is indefinite.
Claim 68 further recites “…according to IETF RFC 2914…”. It is unclear whether the whole RFC 2914 is used or only partial or portion of it is used, thus enabling the scope of the claim unascertainable.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
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.
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.
Claim(s) 1-2, 4-6, 8, 11, 30-32, 34-37, 39, 41-52, 55, 69-70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0022012 A1) in view of Pai et al. (US 8,169,916 B1).
As per claim 1, Wang discloses a method for fetching over the Internet by a first device a content constructed of at least first, second, and third parts that are stored in a web server, for use with a group of mobile devices that includes distinct first, second, and third mobile devices, the method comprising:
receiving, from the first device over the Internet, a request for the content [[0032-0033]: a request for multimedia is initiated by the client device which is received by the server terminal, [0026-0028], [0035-0036, 0038]: tracker module receiving request];
selecting, in response to the receiving of the request for the content, the first mobile device from the group [[Fig. 1-3, 0025, 0035-0036, 0038]];
sending, to the selected first mobile device over the Internet, a first [[Fig. 1-3, 0025, 0035-0036, 0038], [0009, 0012]];
receiving, by the first mobile device over the Internet, in response to the sending of the first [Fig. 1-3, 0025, 0035-0036, 0038];
sending, by the first mobile device to the first device over the Internet, the received first part [Fig. 1-3, 0025, 0035-0036, 0038];
selecting, in response to the receiving of the request for the content, the second mobile device from the group [Fig. 1-3, 0025, 0035-0036, 0038];
sending, to the selected second mobile device over the Internet, a second Fig. 1-3, 0025, 0035-0036, 0038], [0009, 0012]];
receiving, by the second mobile device over the Internet, in response to the sending of the second Fig. 1-3, 0025, 0035-0036, 0038];
sending, by the second mobile device to the first device over the Internet, the received second part [Fig. 1-3, 0025, 0035-0036, 0038];
selecting, in response to the receiving of the request for the content, the third mobile device from the group [Fig. 1-3, 0025, 0035-0036, 0038];
sending, to the selected third mobile device over the Internet, a third Fig. 1-3, 0025, 0035-0036, 0038]; [0009, 0012]];
receiving, by the third mobile device over the Internet, in response to the sending of the third Fig. 1-3, 0025, 0035-0036, 0038];
sending, by the third mobile device to the first device over the Internet, the received third part; and [Fig. 1-3, 0025, 0035-0036, 0038];
reconstructing, at the first device, at least part of the content from the received first, second, and third parts [0040: Re-assembled].
However, Wang does not teach a first http request for the first part that includes a first url, a second http request for the second part that includes a second url and a third http request for the third part that includes a third url.
Pai, from the same field of endeavor, explicitly teaches the process of requesting part or portions or chunks of content from multiple peers using http protocol comprising sending multiple http requests for different parts including url to retrieve respective part, portion or chunk [fig. 8 step #809, col. 1 L60 to col. 2 L47, col. 4 L38-60, col. 7 L38-64: external urls using http protocol, col. 8 L21-56].
Therefore, it would have been obvious to a person of ordinary skilled in the before the effective filing date of claimed invention to modify Wang in view of Pai in order to send http requests including the urls or filename or path to the peer devices to request the chunks or portions or parts or segments from the peer devices.
One of ordinary skilled in the art would have been motivated because HTTP is well known protocol that is widely used for requesting content and serving content in addition to various other protocols such as p2p protocols, https, ftp, etc.[Pai: col. 8 L33-54].
As per claim 2, Wang discloses the method according to claim 1, further comprising storing or operating, by each of the mobile devices in the group, a respective mobile operating system [Wang: 0009, 0028, 0034; Pai: col. 6 L35-42].
As per claim 4, Wang discloses the method according to claim 1, wherein each of the mobile devices in the group comprises, or consists of, a respective cellular telephone device [Wang: 0009, 0028, 0034].
As per claim 5, Wang discloses the method according to claim 1, wherein the first device comprises, or consists of, a client device [Wang: fig. 3, 0009, 0028, 0034].
As per claim 6, Wang discloses the method according to claim 5, further comprising storing, operating, or using, by the first device, a client operating system [Wang: 0009, 0028, 0034].
As per claim 8, Wang discloses the method according to claim 1, wherein the first device comprises, or consists of, a server device [fig. 3].
As per claim 11, Wang discloses the method according to claim 1, further for use with a second device, wherein the receiving of the request for the content from the first device, is performed by the second device [[0032-0033]: a request for multimedia is initiated by the client device which is received by the server terminal, [0026-0028]];
As per claim 30, Wang discloses the method according to claim 1, wherein the web server that uses HyperText Transfer Protocol (HTTP) and responds to HTTP requests via the Internet [26-29, 0032-0033].
As per claim 31, Wang-Pai discloses the method according to claim 1, wherein the communication with each of the first, second, and third mobile devices is based on, or using, a respective HTTP persistent connection [Pai: col. 17 L63 to col. 18 L12: initiate http connection with the peer]. Same rationale as in claim 1 applies.
As per claim 32, Wang discloses the method according to claim 1, further comprising, storing, by the first device, the reconstructed at least part of the content [0025, 0040, fig. 2A item #48: data file].
As per claim 34, Wang discloses the method according to claim 1, for use with a list of Internet-Protocol (IP) addresses in IPv4 or IPv6 form, wherein the selecting of the first, second, and third mobile devices comprises respectively selecting the IP addresses from the list of the of the first, second, and third mobile devices [36, 35, 38].
As per claim 35, Wang discloses the method according to claim 34, wherein the list is stored in the first device [fig. 3 – 84, [36, 35, 38]].
As per claim 36, Wang discloses the method according to claim 34, wherein the selecting of IP addresses from the list comprises randomly selecting IP addresses from the list [fig 2a – 58b, [0038, 0040].
As per claim 37, Wang-Pai discloses the method according to claim 34, for use with a database that associates each of the IP addresses in the list with a respective geographical location, wherein the selecting of the IP addresses from the list comprises selecting based on, or using, the associated respective geographical locations [Wang: [36, 35, 38]; Pai: [col. 13 L63 to col. 14 L21].
As per claim 39, Wang-Pai discloses the method according to claim 37, wherein at least one of the geographical locations is based on a geolocation [Pai: col. 13 L63 to col. 14 L21].
As per claim 41, Wang discloses the method according to claim 34, wherein the selecting of the IP addresses from the list comprises respectively selecting based on an attribute or a characteristic of the selected mobile device [[0038].
As per claim 42, Wang discloses the method according to claim 1, as set forth above.
Wang does not teach further comprising establishing a connection with at least one of the selected first, second, or third mobile devices using TCP, and wherein the connection is established by performing 'Active OPEN' or 'Passive OPEN'
Pai, from the same field of endeavor, teaches establishing a connection with at least one of the selected first, second, or third mobile devices using TCP, and wherein the connection is established by performing 'Active OPEN' or 'Passive OPEN' [Pai: col. 7 L55-64: connecting to each peer device over TCP protocol. Active OPEN and Passive OPEN (server listening for connection requests) are inherent requirements of the TCP protocol that implements 3-way handshake protocol to establish a reliable connection].
Therefore , it would have been obvious to a person of ordinary skilled in the art before the effective date of the claimed invention to modify Wang in view of Pai in order to establish TCP connection with peer devices wherein the connection is established by performing ACTIVE OPEN or Passive OPEN.
One of ordinary skilled in the art would have been motivated because TCP protocol is reliable protocol which is used to ensure reliable delivery of data over the network.
As per claim 43, Wang discloses the method according to claim 1, wherein at least one of the parts includes, consists of, or comprises, a part or whole of a file, text data, audio data, voice data, multimedia data, video data, an image, music data, or a computer program [26-29, 0032-0033].
As per claim 44, Wang discloses the method according to claim 1, wherein at least two of the first, second, and third parts are of the same size [0054].
As per claim 45, Wang discloses the method according to claim 1, wherein at least two of the first, second, and third parts are of different sizes [fig 2c, 2d, 4b, [0010, 0011, 0054].
As per claim 46, Wang discloses the method according to claim 1, further comprising sending, by the first device, the request for the content, and wherein the receiving of the request for the content from the first device is in response to the sending, by the first device, of the request for the content [[0032-0033]: a request for multimedia is initiated by the client device which is received by the server terminal, [0026-0028], [0035-0036, 0038]: tracker module receiving request].
As per claim 47, Wang discloses the method according to claim 46, wherein the sending, by the first device, of the request for the content, comprises sending the first URL, the second URL, the third URL, or any combination thereof [Wang: [0032-0033]: a request for multimedia is initiated by the client device which is received by the server terminal, [0026-0028], [0035-0036, 0038]: tracker module receiving request with url].
As per claim 48, Wang discloses the method according to claim 46, further comprising executing, by the first device, an application, and wherein the sending by the first device of the request for content is in response to the executing of the application [fig. 2a – client module, [0034]].
As per claim 49, Wang discloses the method according to claim 48, wherein the application consists of, or comprises, a web browser [0028, 0034-0036]].
As per claim 50, Wang discloses the method according to claim 49, wherein the web browser consists of, comprises of, or is based on, Microsoft Internet Explorer, Google Chrome, OperaTM, Mozilla Firefox®, Safari, Opera MiniTM, or Android web browser [0028, 0034-0036]].
As per claim 51, Wang discloses the method according to claim 1, further comprising periodically sending, by each of the first, second, and third mobile devices, a message that comprises a status of the respective mobile device [0056].
As per claim 52, Wang discloses the method according to claim 51, wherein the sending of the message is in response to the determined status or a status change of the respective mobile device [0056].
As per claim 55, Wang discloses the method according to claim 1, for use with a resource associated with a criterion in each of the mobile devices in the group, and wherein each one of the mobile devices in the group is associated with first and second states according to a utilization of the resource [Wang: [0038]: Active terminals and non-active terminals; Pai: col. 16 L34 to col. 17 L65: Peer List lists only those peers that meets the guidelines or criteria such as highest upload bandwidth. Peer that meets the guidelines are included in the ordered peer list, i.e. available state, and peers that don’t meet the guidelines are eliminated or excluded from the list, i.e. in unavailable state].
As per claim 69, Wang discloses the method according to claim 1, wherein the selecting of at least one of the mobile devices comprises selecting based on a physical geographical proximity to the web server or to the first device [Wang: [0038] – closest; Pai: col. 16 L28-67: geo location used].
As per claim 70, Wang discloses the method according to claim 1, wherein the selecting of at least one of the mobile devices comprises selecting based on past activities or on a timing of an event [[0038 – active peers]; Pai: col. 16 L28 to col. 17 L67: Fast Peers].
Claim(s) 3, 7, 9-10, 33, 38, 40 and 54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0022012 A1) in view of Pai et al. (US 8,169,916 B1) and further in view of Official Notice.
As per claims 3, 7, 9 and 10, Wang discloses the method of claim 2, 6 and 8 as set forth above.
However, Wang does not specifically teach:
[claim 3] wherein the mobile operating system is one out of Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows® Phone version 7, Microsoft Windows® Phone version 8, Microsoft Windows® Phone version 9, and Blackberry® operating system [0009, 0028, 0034]: wireless PDA, etc. One of this OS is inherent in the PDA].
[claim 7] wherein the client operating system consists or, comprises of, or is based on, one out of Microsoft Windows 7, Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, and Google Chrome OS.
[claim 9] further comprising, storing, operating, or using, by the server device, a server operating system that consists of, comprises, or is based on, one out of Microsoft Windows Server®, Linux, or UNIX.
[ claim 10] further comprising, storing, operating, or using, by the server device, an server operating system that consists of, comprises, or is based on, one out of Microsoft Windows Server® 2003 R2, 2008, 2008 R2, 2012, or 2012 R2 variant, LinuxTM or GNU/Linux based Debian GNU/Linux, Debian GNU/kFreeBSD, Debian GNU/Hurd, FedoraTM, GentooTM, LinspireTM, Mandriva, Red Hat® Linux, SuSE, and Ubuntu@, UNIX® variant SolarisTM, AIX®, MacTM OS X, FreeBSDO, OpenBSD, and NetBSD@.
But, the aforementioned and claimed client/mobile operating systems AND server operating systems are well known in the art. Official Notice is taken.
Therefore, it would have been obvious to a person of ordinary skilled in the art before the affective filing date of the claimed invention to use mobile devices with any one of the aforementioned operating system and use server devices with any one of the aforementioned operating systems because these are commonly known operating systems in the art.
One of ordinary skilled in the art would have been motivated because the operating systems are well known in the art and as such, the devices and servers used in the prior arts are implied to comprise at least one of these operating systems.
As per claim 33, Wang discloses the method according to claim 32, as set forth above.
However, Wang does not teach further comprising, sending, by the first device over the Internet, the stored reconstructed at least part of the content.
But, sending by a device partial reconstructed stored content over the internet to another device is well known in the art. Official Notice is taken.
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in order to send the partially reconstructed stored content over the internet to the second device.
One of ordinary skilled in the art would have been motivated in order to participate in the peer to per file transfer or download in an IPTV or content network [Wang: [0008]].
As per claim 38 and 40, Wang-Pai discloses the method according to claim 37, as set forth above [Wang: [36, 35, 38]; Pai: [col. 13 L63 to col. 14 L21]].
However, Wang-Pai does not teach wherein each of the geographical locations respectively consists of, or comprises, one out of a continent, a country, a region, a city, a street, a ZIP code, or a timezone [claim 37] and wherein the geolocation is based on W3C Geolocation API [claim 40].
But, each of the geographical locations respectively consisting of, or comprises, one out of a continent, a country, a region, a city, a street, a ZIP code, or a timezone [claim 37] and wherein the geolocation is based on W3C Geolocation API [claim 40] are well known in the art. Official Notice is taken.
Therefore, it would have been obvious to a person of ordinary skilled in the art before the affective filing date of the claimed invention TO MODIFY Wang-Pai in order to use any one of country, a region, a city, a street, a zip code or a timezone as a geolocation, wherein the geolocations are also based on W3C Geolocation API.
One of ordinary skilled in the art would have been motivated because representing geolocations in form of any one of parameter including basing the geolocation on W3C Geolocation API is well known in the art in order to determine the close proximity of the available devices to determine best device to server the requested content [Wang: 0038].
As per claim 54, Wang discloses the method according to claim 51, as set forth above.
However, Wang does not teach wherein a time period between two or more sent messages is at least 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, 100 seconds, 1 minute, 2 minutes, 3 minutes, 5 minutes, or 10 minutes.
But, these time intervals are very well known in the art. Official Notice is taken.
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in order send the status messages at every 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, 100 seconds, 1 minute, 2 minutes, 3 minutes, 5 minutes, or 10 minutes.
One of ordinary skilled in the art would have been motivated because these time intervals are just design choices used to implement periodic transmission of messages such as ‘hearbeats’ in order to check and/or determine device status or state.
Claim(s) 12-29, 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0022012 A1) in view of Pai et al. (US 8,169,916 B1) further in view of Peterson et al. (US 8,583,625 B2).
As per claim 12, Wang-Pai discloses the method according to claim 11 as set forth above, further comprising the second device and the server [Fig. 2A: item #66 – Tracker module, [0036-0037]: Tracker module acting as agent].
However, Wang-Pai does not teach wherein the selecting of the first, second, and third mobile devices from the group, is performed by the second device.
Peterson, from the same field of endeavor teaches a second device which is connected to the first device, wherein the second device performs the step of selecting of first peer, second peer and third peer from the group for retrieving the chunks of a requested content [col. 2 L15-48: first proxy determines which local peer device to request a non-locally stored data chunk/portion/part].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Peterson in order to implement the process of selecting of the first, second and third mobile peer devices by the second device or proxy server that is connected to the requesting device.
One of ordinary skilled in the art would have been motivated because (a) it is known in the art to move a function that is implemented at one device to another or second device or to a server [See MPEP 2144.04] and (b) it would have accelerated data retrieval over a data network thereby improving overall performance [Peterson: col. 2 L15-48].
As per claim 13, Wang-Pai-Peterson discloses the method according to claim 12, wherein the sending to the first, second, and third mobile devices, is performed by the second device [[col. 2 L15-48: first proxy determines which local peer device to request a non-locally stored data chunk/portion/part, retrieving chunks from selected peers, receiving the chunks and then providing to the content requesting device]. Same rationale as in claim 12 applied.
As per claim 14, Wang-Pai-Peterson discloses the method according to claim 13, wherein the receiving from the first, second, and third mobile devices, is performed by the second device [col. 2 L15-48: first proxy determines which local peer device to request a non-locally stored data chunk/portion/part, retrieving chunks from selected peers, receiving the chunks and then providing to the content requesting device]. Same rationale as in claim 12 applied.
As per claim 15, Wang-Pai-Peterson discloses the method according to claim 14, wherein the sending, by the first mobile device to the first device of the received first part comprises sending, by the first mobile device to the second device of the received first part, and sending, by the second device to the first device, the received first part [Peterson: fig. 2], wherein the sending, by the second mobile device to the first device of the received second part comprises sending, by the second mobile device to the second device of the received second part, and sending, by the second device to the first device, the received second part, and wherein the sending, by the third mobile device to the first device of the received third part comprises sending, by the third mobile device to the second device of the received third part, and sending, by the second device to the first device, the received third part [Peterson: Fig. 2, col. 2 L15-65: first proxy determines which local peer device to request a non-locally stored data chunk/portion/part, retrieving chunks from selected peers, receiving the chunks and then providing to the content requesting device, col. 9 L17-32, col. 9 L55-62]. Same rationale as in claim 12 applied.
As per claim 16, Wang-Pai-Peterson discloses the method according to claim 11, wherein the second device comprises, or consists of, a server device [Wang: Fig. 2A: item #66 – Tracker module, [0036-0037]: Tracker module acting as agent: Peterson: Fig. 2 – R-Waprox].
As per claim 17, Wang-Pai-Peterson discloses the method according to claim 16, further comprising, storing, operating, or using, by the server device, a server operating system that consists of, comprises, or is based on, one out of Microsoft Windows Server®, Linux, or UNIX [Peterson: col. 11 L30-62: two different versions of Linux Kernel source file is downloaded].
As per claim 18, Wang-Pai-Peterson discloses the method according to claim 16, further comprising, storing, operating, or using, by the server device, a server operating system that consists of, comprises, or is based on, one out of Microsoft Windows Server® 2003 R2, 2008, 2008 R2, 2012, or 2012 R2 variant, LinuxTM or GNU/Linux based Debian GNU/Linux, Debian GNU/kFreeBSD, Debian GNU/Hurd, FedoraTM, GentooTM, Linspire ™, Mandriva, Red Hat® Linux, SuSE, and Ubuntu®, UNIX® variant SolarisTM, AIX®, MacTM OS X, FreeBSD@, OpenBSD, and NetBSD@ [Peterson: col. 11 L30-62: two different versions of Linux Kernel source file is downloaded].
As per claim 19, Wang discloses the method according to claim 11, wherein the reconstructing is further performed by the second device [Peterson: col. 6 L50-64: R-Waprox can reconstruct the original content in the right order from chunks, col. 7 L55-67: Waproxs – reconstruct and deliver original data to content requesting device].
As per claim 20, Wang-Pai discloses the method according to claim 1, as set forth above, further comprising:
receiving, by the first mobile device, the sent first 0035-0038, 0051];
receiving, by the second mobile device, the sent second 0035-0038];
receiving, by the third mobile device, the sent third 0035-0038],
wherein the first, the second and the third mobile device provides response based on receiving the first, the second and the third request [0035-0038].
Note: Wang discloses When the request is received at the peers, the terminals identified in peer list may have previously downloaded or be in the process of downloading the data file sections.
However, Wang-Pai does not teach:
sending, by the first mobile device to the web server, in response to the receiving of the first HTTP request, the first URL,
sending, by the second mobile device to the web server, in response to the receiving of the second HTTP request, the second URL,
sending, by the third mobile device to the web server, in response to the receiving of the third HTTP request, the third URL;
wherein the receiving, by the first mobile device of the first part is in response to the sending of the first URL,
wherein the receiving, by the second mobile device of the second part is in response to the sending of the second URL, and
wherein the receiving, by the third mobile device of the third part is in response to the sending of the third URL.
Peterson, from the same field of endeavor, discloses
receiving, by the first mobile device, the sent first HTTP request, sending, by the first mobile device to the web server, in response to the receiving of the first HTTP request in an event of a cache miss, the first request including the first URL, wherein the receiving, by the first mobile device of the first part is in response to the sending of the first URL [fig. 12 step #1208, 1220, 1218, col. 7 L7-17: request-response protocol used in case of cache miss, col. 9 L17-54; col. 14 L5-48: check for the file locally using url, if it’s a miss, then request the file/object from remote source].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Peterson in order to receive the request from the second device at one or more peers, check for the file locally at the one or more peers and in case of a cache miss, request the file from the remote sources using the url and request-response protocol.
One of ordinary skilled in the art would have been motivated in order to serve the requested content to the requesting device.
As per claim 21, Wang discloses the method according to claim 1, wherein the content comprises, or is part of, a publicly-accessed web-site stored in the web server [[0026-0028], [0032, 0035-0036]].
However, Wang-Pai does not teach wherein the content parts are fetched anonymously whereby the web server is prevented from identifying the first device.
Peterson teaches requesting content, wherein the wherein the content comprises, or is part of, a publicly-accessed web-site stored in the web server [col. 11 L30-67: requesting news site], wherein the content parts are fetched anonymously whereby the web server is prevented from identifying the first device [fig. 2, col. 2 L15-48, col. 5 L1-50, col. 6 L19-64: content requesting device is connected to the proxy server R-Waprox, which is connected to S-Waprox which is then connected to the content source such as web server. In this case, since S-Waprox is communicating with web server or content providing device, the content providing device is prevented from identifying the first device or content requesting device which originally requested the content].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Peterson in order to fetch the content parts anonymously wherein the web server is prevented from identifying the content requesting device.
One of ordinary skilled in the art would have been motivated in order to protect the content requesting device and maintain its privacy.
As per claim 22, Wang-Pai discloses the method according to claim 1, as set forth above.
However, Wang-Pai do not teach wherein the first part comprises, or is part of, a first web-page, wherein the second part comprises, or is part of, a second web-page, and wherein the third part comprises, or is part of, a third web-page.
Peterson discloses wherein the first part comprises, or is part of, a first web-page, wherein the second part comprises, or is part of, a second web-page, and wherein the third part comprises, or is part of, a third web-page [Peterson: col. 11 L31-66: fetch front pages for popular news site].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Peterson in order to request portions of a website from peers. and reconstruct or reassemble the website in efficient manner.
One of ordinary skilled in the art would have been motivated because it would have enabled one of the devices to request and present a website in an efficient manner.
As per claim 23, Wang-Pai-Peterson discloses the method according to claim 22, wherein the content comprises at least the first, second, and third web- pages [Peterson: col. 11 L31-66: fetch front pages for a popular news site]. Same rational as in claim 22 applies.
As per claim 24, Wang-Pai-Peterson discloses the method according to claim 1, wherein each of the first, second and third parts comprises a respective object in a web-page [Peterson: col. 14 L5-67]. Same rational as in claim 22 applies.
As per claim 25, Wang-Pai-Peterson discloses the method according to claim 24, wherein the reconstructing further comprises forming at least part of the web-page [Peterson: col. 11 L31-66: fetch front pages for a popular news site for dynamically generating webpage]. Same rational as in claim 22 applies.
As per claim 26, Wang-Pai-Peterson discloses the method according to claim 24, wherein each of objects is a respective Hypertext Markup Language (HTML) object. [Peterson: col. 14 L5-67: object in a website; Wang: [0029]: Website are implemented in standard manner as well known in the art, e.g. HTML code]. Same rational as in claim 22 applies.
As per claim 27, Wang-Pai-Peterson discloses the method according to claim 24, wherein at least one of the objects comprises, or consists of, a file or program. [Peterson: Peterson: col. 11 L31-66: fetch front pages for a popular news site, col. 14 L5-67: object or partial file of a website]. Same rational as in claim 22 applies.
As per claim 28, Wang-Pai-Peterson discloses the method according to claim 24, wherein at least one of the objects comprises, or consists of, an HTTP addressed object [Peterson: col. 14 L5-67: object or partial file or url of a webpage. URL is http address of the object]. Same rational as in claim 22 applies.
As per claim 29, Wang-Pai-Peterson discloses the method according to claim 1, wherein the reconstructing comprises reconstructing of a whole web-page or a whole web-site [Peterson: Peterson: col. 11 L31-66: fetch front pages for a popular news site; col. 6 L50-64: R-Waprox can reconstruct the original content in the right order from chunks, col. 7 L55-67: Waproxs – reconstruct and deliver original data to content requesting device]. Same rational as in claim 22 applies.
As per claim 53, Wang-Pai discloses the method according to claim 51, as set forth above.
However, Wang-Pai does not teach wherein the message comprises, or is based on, an 'heartbeat' message.
Peterson teaches teach periodically sending messages that comprise the status of the peer devices, wherein the message comprises, or is based on, an 'heartbeat' message [Peterson: col. 7 L18-24: heartbeat protocol to monitor status].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Peterson in order to utilize heartbeat protocol for determining status of the peer devices.
One of ordinary skilled in the art would have been motivated because “heartbeat” protocol is well known in the art used to monitor and determine status of the connected devices [Peterson: col. 7 L18-24: heartbeat protocol to monitor status].
Claim(s) 56-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0022012 A1) in view of Pai et al. (US 8,169,916 B1) further in view of Coughlin (US 2004/0024861 A1).
As per claim 56, Wang-Pai discloses the method according to claim 55, as set forth above.
However, Wang-Pai does not disclose further comprising, periodically or continuously determining, by each one of the mobile devices in the group, whether the respective resource utilization satisfies the respective criterion.
Coughlin, from the same field of endeavor, teaches , periodically or continuously determining, by each one of the mobile devices in the group, whether the respective resource utilization satisfies the respective criterion [0062-0066].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai in view of Coughlin in order to periodically or continuously determine by the devices whether the respective resource utilization satisfies the thresholds.
One of ordinary skilled in the art would have been motivated because it would have determined active or available devices in order to balance the load on the mobile devices [Coughlin: [0068]].
As per claim 57, Wang-Pai-Coughlin discloses the method according to claim 56, further comprising, responsive to the determining that the utilization of the resource satisfies the criterion, shifting, by the respective one of the mobile devices in the group, to the first state or staying in the first state; and responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting, by the respective one of the mobile devices in the group, to the second state or staying in the second state [Coughlin: Fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 58, Wang discloses the method according to claim 57, further comprising, performing a task, by the respective one of the mobile devices in the group, upon a received request, when in the first state [Wang: [0038-0040]: Active terminals performing the requests; Coughlin: [0062-0066]]. Same rational as in claim 56 applies.
As per claim 59, Wang discloses the method according to claim 57, further comprising periodically or continuously sending, by the respective one of the mobile devices in the group, the resource utilization over the Internet [Wang: [0056]; Coughlin: [0066]]. Same rational as in claim 56 applies.
As per claim 60, Wang discloses the method according to claim 56, wherein the determining is performed by a first server in response to a receiving, by the first server, the resource utilization from the respective mobile device [Wang: [0055-0056]; Coughlin: 0062-0066]]. Same rational as in claim 56 applies.
As per claim 61, Wang-Pai-Coughlin discloses the method according to claim 55, for use with a set threshold value, and wherein the criterion is satisfied when the resource utilization is above or below the threshold [Coughlin: fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 62, Wang-Pai-Coughlin discloses the method according to claim 55, wherein the resource comprises, or consists of, a hardware component in the respective mobile device [Coughlin: fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 63, Wang-Pai-Coughlin discloses the method according to claim 62, wherein the hardware component comprises, or consists of, a processor or Central Processing Unit (CPU) operation in the mobile device [Coughlin: fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 64, Wang-Pai-Coughlin discloses the method according to claim 63, wherein the resource utilization is based on, or comprises, the processor or CPU time of executing one or more threads or processes, wherein the resource utilization is based on, or comprises, the processor or CPU idling time, or wherein the resource utilization is based on, or comprises, the processor or CPU executing a system idle process. [Coughlin: fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 65, Wang-Pai-Coughlin discloses the method according to claim 62, wherein the hardware component comprises, or consists of, a memory in the mobile device, and wherein the resource utilization is based on, or comprises, an amount of used or unused location or space of the memory [Coughlin: fig. 4, [0062-0066]]. Same rational as in claim 56 applies.
As per claim 66, Wang-Pai-Coughlin discloses the method according to claim 55, wherein the resource comprises, or consists of, input or output capability [Coughlin: fig. 4, [0062-0066]: no. of connections available for receiving and sending [i/o]]. Same rational as in claim 56 applies.
Claim(s) 67-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0022012 A1) in view of Pai et al. (US 8,169,916 B1) further in view of Coughlin (US 2004/0024861 A1) and further in view of Slater et al. (hereinafter, Slater, US 2004/0010544 A1).
As per claim 67, Wang-Pai-Coughlin discloses the method according to claim 66, as set forth above.
However, Wang-Pai-Coughlin does not disclose wherein the resource comprises, or consists of, communication bandwidth of communication with another device over the Internet.
Slater discloses wherein the resource comprises, or consists of, communication bandwidth of communication with another device over the Internet [0085-0090].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Wang-Pai-Coughlin in view of Slater in order to monitor communication bandwidth.
One of ordinary skilled in the art would have been motivated because it would have server or device selection to serve out a demanded resource [Slater: [0090]].
As per claim 68, Wang-Pai-Coughlin-Slater discloses the method according to claim 67, wherein the resource comprises, or consists of, communication bandwidth of communication with the server over the Internet, or wherein the resource utilization is based on, or according to, IETF RFC 2914 [Slater: [0090]]. Same rational as in claim 67 applies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMAL B DIVECHA whose telephone number is 571-272-5863. The examiner can normally be reached IFP Normal Hours M-F: 8am-4.30pm 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, Colleen Fauz can be reached at 5712721667. 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.
KAMAL B. DIVECHA
Primary Patent Examiner
Art Unit 2453
/KAMAL B DIVECHA/Supervisory Patent Examiner, Art Unit 2453
Prosecution Insights