DETAILED ACTION
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 .
Response to Amendment
The Amendment filed 07/08/2026 has been entered into record. Claims 1-9 and 11-20 remain pending in the application.
Response to Arguments
Applicant’s arguments, see Remarks filed 07/08/2026, particularly regarding the rejection of the claims under 35 U.S.C. 102 in view of Khare et al (US 11,864,116), have been fully considered but are not persuasive.
Applicant argues that Khare fails to teach a “notification display status” because the CONNECTED and IDLE modes disclosed by Khare are radio-resource states rather than statuses indicating whether a notification will be displayed on the UE.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claims. The claim does not require the notification display status to expressly indicate whether a notification is rendered on the graphical display of the UE. Rather, the claim recites determining the notification display status and, based on whether the status is a first or second status, respectively forwarding the communication to the UE or preventing the communication from being forwarded to the UE. 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).
As set forth in the rejection, Khare teaches that when the UE enters CONNECTED mode, the network node suppresses the do-not-disturb list such that all services are allowed (col. 9, lines 37-42, Fig. 3). Conversely, when the UE is in IDLE mode and an incoming communication is associated with a service on the do-not-disturb list, the network node rejects the communication and does not sent a paging message to the UE (col. 9, lines 22-29, Fig. 3). Thus, the statuses relied upon in the rejection result in the respective forwarding and prevention of forwarding expressly recited by the claim.
Applicant’s argument regarding Khare’s disclosure of AppName is likewise not persuasive. Khare teaches UE provided service-list information having attributes that may include an application name (AppName)(col. 5, line 60 – col. 6, line 24). The claim requires the indication from the UE to identify the application associated with the notification display status by an application identifier or application name, but does not require that such identification be provided independently of a service or preference list. Accordingly, Khare’s identification of the application by AppName within the UE-provided information satisfies the recited application identification.
Applicant further argues that Khare concerns service-based paging or filtering rather than notification display. However, the claimed status is functionally tied to whether the communication is forwarded to the UE or prevented from being forwarded. Khare, likewise, uses the relied-upon status and UE-provided filtering information to determine whether the incoming application-associated communication is permitted to proceed to the UE or is rejected without paging to the UE. Accordingly, Applicant’s characterization of Khar’s disclosure does not distinguish the limitations as recited, and the rejections are maintained.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 11-15, and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khare et al (US 11,864,116).
Regarding Claim 1, Khare teaches a method in a User Equipment (UE) in a network (col. 8 line 37-col. 9, line 42, Fig. 3, UE 102), the method comprising:
determining an update of a notification display status of the UE (col. 8, lines 40-46, Fig. 3, As shown in 300, UE 102 is associated with and, in some embodiments, creates a reject list, also referenced as a do not disturb list, to block incoming communications/paging from specific services (e.g., internet-DNN, voice service or SMS services, or a certain list of S-NSSAI based communications) to the UE 102 while the UE is in IDLE mode); and
providing an indication of the updated notification display status to a node in the network (col. 8, lines 50-60, Fig. 3, the UE 102 shares the list with RAN 104 and network node 106, such as via Non Access Stratum (NAS) signaling (302). For example, the UE 102 may use any available NAS message (e.g., Registration Accept, Service Accept, and the like) to add a new information element comprising the reject list (“DoNotDisturbServiceList”), col. 8, lines 60-67, Fig. 3, As shown in 304, the network node 106 stores the list and sets corresponding filters to activate operations related to the do not disturb service list such as implementing additional checks whether an incoming communication is associated with a service on the do not disturb list. In other words, the network node is configured to determine a manner in which to handle paging or alerting of a terminating communication at the UE 102),
wherein providing the indication of the updated notification display status to the node in the network comprises identifying an application on the UE associated with the notification display status to the node in the network by including, in the indication, an application ID or name of the application (col. 5, line 60 – col. 6, line 24, the UE 102 is configured to transmit, via a first NAS message, an information element comprising information related to the reject list of services or the preferred list of services to the network node 106 through a radio access network. The information element may further include an activation flag which may be set by the UE 102. The activation flag indicates whether or not to activate the reject list of services or the preferred list of services. For example, the information element contains attributes comprising a specific DNN, or any specific S-NSSAI, IP@, AppName, etc. The information element may also contain the activation/enabler flag for SMS service (to disable voice or SMS (mobile terminal) service). UE 102 can activate or deactivate the lists any number of times via NAS messaging, however, the lists will only be applied, even when activated, when UE 102 is in IDLE mode).
Regarding Claim 2, Khare teaches the method of claim 1, wherein the node in the network comprises a node in a core network (col. 6, lines 53-56, examples of a network node apparatus (including network node 106) may be embodied as a core network apparatus).
Regarding Claim 3, Khare teaches the method of claim 1, wherein the node in the network comprises a User Plane Function (UPF) Session Management Function (SMF) Unified Data Management (UDM) Network Exposure Function (NEF) Network Data Analytics Function (NWDAF) and/or Access and Mobility Management Function (AMF) (col. 4, lines 54-63, network node 106 may, for example, be embodied as various network functions including, for example, Access and Mobility Management Function (AMF), Session Management function (SMF), Unified Data Management (UDM), or some combination thereof).
Regarding Claim 4, Khare teaches the method of claim 1, wherein the notification display status comprises a first status or a second status (col. 9, lines 10-17, Fig. 3, the network node 106 is configured to apply a “do not disturb” filter (e.g., DNN=“internet”) such that if a terminating communication is related to a service configured in the “do not disturb” list, then the terminating communication is blocked (filtered). Conversely, if the service is not in the “do not disturb” list, then the service is allowed. In an instance when the UE 102 moves into IDLE mode such as when no activity is occurring, the do not disturb service list is activated (306)), wherein the first status indicates that the UE will display one or more notifications (col. 9, lines 37-42, Fig. 3, when the UE 102 moves into CONNECTED mode (310), such as for example, when the UE 102 makes or receives a voice call, or makes or receives a data call, the network node 106 will suppress the do not disturb list (e.g., do not apply “do not disturb filter”) so that all services are allowed (312)) and the second status indicates that the UE will not display the one or more notifications (col. 9, lines 22-29, Fig. 3, For any incoming communication, the network node checks if the UE 102 is in the IDLE mode and in response to the network node being in the IDLE mode, the network node rejects the communication in an instance in which the communication is associated with a service on the do not disturb list as shown by 308. As such, the network node does not send a paging message to the UE 102).
Regarding Claim 5, Khare teaches the method of claim 4, wherein the one or more notifications comprise one or more notifications of one or more text messages, alerts, emails, incoming calls, and/or application notifications (col. 8, lines 40-46, Fig. 3, As shown in 300, UE 102 is associated with and, in some embodiments, creates a reject list, also referenced as a do not disturb list, to block incoming communications/paging from specific services (e.g., internet-DNN, voice service or SMS services, or a certain list of S-NSSAI based communications) to the UE 102 while the UE is in IDLE mode).
Regarding Claim 7, Khare teaches the method of claim 4, wherein the second status comprises a Do Not Disturb (DND) status (col. 9, lines 10-17, Fig. 3, the network node 106 is configured to apply a “do not disturb” filter (e.g., DNN=“internet”) such that if a terminating communication is related to a service configured in the “do not disturb” list, then the terminating communication is blocked (filtered). Conversely, if the service is not in the “do not disturb” list, then the service is allowed. In an instance when the UE 102 moves into IDLE mode such as when no activity is occurring, the do not disturb service list is activated (306)).
Regarding Claim 11, Khare teaches a method in a node in a network (col. 8 line 37-col. 9, line 42, Fig. 3, RAN 106), the method comprising:
receiving an indication of a communication for a User Equipment (UE) in the network (col. 8, lines 50-60, Fig. 3, the UE 102 shares the list with RAN 104 and network node 106, such as via Non Access Stratum (NAS) signaling (302). For example, the UE 102 may use any available NAS message (e.g., Registration Accept, Service Accept, and the like) to add a new information element comprising the reject list (“DoNotDisturbServiceList”), col. 8, lines 60-67, Fig. 3, As shown in 304, the network node 106 stores the list and sets corresponding filters to activate operations related to the do not disturb service list such as implementing additional checks whether an incoming communication is associated with a service on the do not disturb list. In other words, the network node is configured to determine a manner in which to handle paging or alerting of a terminating communication at the UE 102);
determining a notification display status of the UE (col. 9, lines 10-17, Fig. 3, the network node 106 is configured to apply a “do not disturb” filter (e.g., DNN=“internet”) such that if a terminating communication is related to a service configured in the “do not disturb” list, then the terminating communication is blocked (filtered). Conversely, if the service is not in the “do not disturb” list, then the service is allowed. In an instance when the UE 102 moves into IDLE mode such as when no activity is occurring, the do not disturb service list is activated (306)), wherein the notification display status is based on an indication received from the UE that identifies an application on the UE associated with the notification display status by including, in the indication, an application ID or name of the application (col. 5, line 60 – col. 6, line 24, the UE 102 is configured to transmit, via a first NAS message, an information element comprising information related to the reject list of services or the preferred list of services to the network node 106 through a radio access network. The information element may further include an activation flag which may be set by the UE 102. The activation flag indicates whether or not to activate the reject list of services or the preferred list of services. For example, the information element contains attributes comprising a specific DNN, or any specific S-NSSAI, IP@, AppName, etc. The information element may also contain the activation/enabler flag for SMS service (to disable voice or SMS (mobile terminal) service). UE 102 can activate or deactivate the lists any number of times via NAS messaging, however, the lists will only be applied, even when activated, when UE 102 is in IDLE mode);
if the notification display status is a first status, causing the communication to be forwarded to the UE (col. 9, lines 37-42, Fig. 3, when the UE 102 moves into CONNECTED mode (310), such as for example, when the UE 102 makes or receives a voice call, or makes or receives a data call, the network node 106 will suppress the do not disturb list (e.g., do not apply “do not disturb filter”) so that all services are allowed (312)); and if the notification display status is a second status, preventing the communication from being forwarded to the UE (col. 9, lines 22-29, Fig. 3, For any incoming communication, the network node checks if the UE 102 is in the IDLE mode and in response to the network node being in the IDLE mode, the network node rejects the communication in an instance in which the communication is associated with a service on the do not disturb list as shown by 308. As such, the network node does not send a paging message to the UE 102).
Regarding Claim 12, Khare teaches the method of claim 11, wherein determining the notification display status of the UE comprises retrieving the notification display status from a data storage node in the network (col. 8, lines 60-67, Fig. 3, As shown in 304, the network node 106 stores the list and sets corresponding filters to activate operations related to the do not disturb service list such as implementing additional checks whether an incoming communication is associated with a service on the do not disturb list, col. 4, lines 54-63, network node 106 may, for example, be embodied as various network functions including, for example, Access and Mobility Management Function (AMF), Session Management function (SMF), Unified Data Management (UDM), or some combination thereof).
Regarding Claim 13, Khare teaches the method of claim 12, wherein the data storage node comprises a Unified Data Management (UDM) (col. 4, lines 54-63, network node 106 may, for example, be embodied as various network functions including, for example, Access and Mobility Management Function (AMF), Session Management function (SMF), Unified Data Management (UDM), or some combination thereof).
Regarding Claim 14, Khare teaches the method of claim 11, wherein causing the communication to be forwarded to the UE comprises forwarding the communication to the UE (col. 9, lines 37-42, Fig. 3, when the UE 102 moves into CONNECTED mode (310), such as for example, when the UE 102 makes or receives a voice call, or makes or receives a data call, the network node 106 will suppress the do not disturb list (e.g., do not apply “do not disturb filter”) so that all services are allowed (312)), and preventing the communication from being forwarded to the UE comprises refraining from forwarding the communication to the UE (col. 9, lines 22-29, Fig. 3, For any incoming communication, the network node checks if the UE 102 is in the IDLE mode and in response to the network node being in the IDLE mode, the network node rejects the communication in an instance in which the communication is associated with a service on the do not disturb list as shown by 308. As such, the network node does not send a paging message to the UE 102).
Regarding Claim 15, Khare teaches the method of claim 11, wherein the communication comprises one or more text messages, alerts, emails and/or incoming calls for the UE (col. 8, lines 40-46, Fig. 3, As shown in 300, UE 102 is associated with and, in some embodiments, creates a reject list, also referenced as a do not disturb list, to block incoming communications/paging from specific services (e.g., internet-DNN, voice service or SMS services, or a certain list of S-NSSAI based communications) to the UE 102 while the UE is in IDLE mode).
Regarding Claim 19, Khare teaches the method of claim 11, wherein the first status indicates that the UE will display one or more notifications (col. 9, lines 37-42, Fig. 3, when the UE 102 moves into CONNECTED mode (310), such as for example, when the UE 102 makes or receives a voice call, or makes or receives a data call, the network node 106 will suppress the do not disturb list (e.g., do not apply “do not disturb filter”) so that all services are allowed (312)) and the second status indicates that the UE will not display the one or more notifications (col. 9, lines 22-29, Fig. 3, For any incoming communication, the network node checks if the UE 102 is in the IDLE mode and in response to the network node being in the IDLE mode, the network node rejects the communication in an instance in which the communication is associated with a service on the do not disturb list as shown by 308. As such, the network node does not send a paging message to the UE 102).
Regarding Claim 20, Khare teaches the method of claim 19, wherein the one or more notifications comprise one or more notifications of one or more text messages, alerts, emails, incoming calls, and/or application notifications (col. 8, lines 40-46, Fig. 3, As shown in 300, UE 102 is associated with and, in some embodiments, creates a reject list, also referenced as a do not disturb list, to block incoming communications/paging from specific services (e.g., internet-DNN, voice service or SMS services, or a certain list of S-NSSAI based communications) to the UE 102 while the UE is in IDLE mode).
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.
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 6, 9, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Khare et al (US 11,864,116), in view of Warr (US 2015/0133098).
Regarding Claim 6, Khare teaches all aspects of the invention according to Claim 4 above, except the following, which in the same field of endeavor, Warr teaches wherein the updated notification status comprises the second status, and the method comprises receiving a notification from the network of one or more communications for the UE that were not forwarded to the UE based on the second status ([0039], when mobile device 203 is in a stationary face down state and do-not-disturb system of the mobile device 203 places the mobile device 203 in a do-not disturb mode as illustrated in the example of FIG. 1A, the mobile device 203 does not receive any (or some) communications from various services (e.g., phone calls, emails, text messages, notifications) associated with the mobile device 203, [0043], When user 201 turns mobile device 203 over so that display screen side 234 is facing up as illustrated in the example of FIG. 2B (or otherwise changes the physical orientation of the mobile device 203 from a stationary face down state), do-not-disturb system of mobile device 203 will change to an active mode, service or server can then identify that the mobile device 203 is in an active mode, and send to one or more other services or servers (e.g., a broadcast message by server 110 to an email services or server and a VoIP service or server) an indication that a user 201 of the mobile device 203 is in an active mode and the associated service can send new communications (and previously-suspended communications that occurred during the do-not-disturb mode) to the devices that receive the communications associated with each of the other services or servers).
It would have been obvious to incorporate the indication of missed communications and providing of alternative contact information, as taught in Warr, in the system of Khare, in order to provide the user with periods of time uninterrupted by new communications while ensuring none go missed or forgotten. (See Warr [0009])
Regarding Claim 9, Khare teaches all aspects of the invention according to Claim 1 above, except the following, which in the same field of endeavor, Warr teaches wherein determining the update of the notification display status of the UE comprises receiving an indication of the update of the notification status from an application on the UE ([0043], When user 201 turns mobile device 203 over so that display screen side 234 is facing up as illustrated in the example of FIG. 2B (or otherwise changes the physical orientation of the mobile device 203 from a stationary face down state), do-not-disturb system of mobile device 203 will change to an active mode, service or server can then identify that the mobile device 203 is in an active mode, and send to one or more other services or servers (e.g., a broadcast message by server 110 to an email services or server and a VoIP service or server) an indication that a user 201 of the mobile device 203 is in an active mode and the associated service can send new communications (and previously-suspended communications that occurred during the do-not-disturb mode) to the devices that receive the communications associated with each of the other services or servers).
It would have been obvious to incorporate the indication of missed communications and providing of alternative contact information, as taught in Warr, in the system of Khare, in order to provide the user with periods of time uninterrupted by new communications while ensuring none go missed or forgotten. (See Warr [0009])
Regarding Claim 16, Khare teaches all aspects of the invention according to Claim 11 above, except the following, which in the same field of endeavor, Warr teaches if the notification display status is a second status, providing a notification of the communication to the UE ([0039], when mobile device 203 is in a stationary face down state and do-not-disturb system of the mobile device 203 places the mobile device 203 in a do-not disturb mode as illustrated in the example of FIG. 1A, the mobile device 203 does not receive any (or some) communications from various services (e.g., phone calls, emails, text messages, notifications) associated with the mobile device 203, [0043], When user 201 turns mobile device 203 over so that display screen side 234 is facing up as illustrated in the example of FIG. 2B (or otherwise changes the physical orientation of the mobile device 203 from a stationary face down state), do-not-disturb system of mobile device 203 will change to an active mode, service or server can then identify that the mobile device 203 is in an active mode, and send to one or more other services or servers (e.g., a broadcast message by server 110 to an email services or server and a VoIP service or server) an indication that a user 201 of the mobile device 203 is in an active mode and the associated service can send new communications (and previously-suspended communications that occurred during the do-not-disturb mode) to the devices that receive the communications associated with each of the other services or servers).
It would have been obvious to incorporate the indication of missed communications and providing of alternative contact information, as taught in Warr, in the system of Khare, in order to provide the user with periods of time uninterrupted by new communications while ensuring none go missed or forgotten. (See Warr [0009])
Regarding Claim 17, Khare teaches all aspects of the invention according to Claim 11 above, except the following, which in the same field of endeavor, Warr teaches wherein the communication comprises an incoming call for the UE, and the method comprises, if the notification display status is a second status, forwarding the incoming call to voicemail or an alternative number ([0042], phone 207 may indicate on screen 274 that the phone has entered a do-not-disturb status while the mobile device 203 is in a do-not-disturb mode. In some implementations, screen 274 may not provide such an indication even though phone 207 will not receive incoming calls while mobile device 203 is in a do-not-disturb mode. Similarly, voice mail indicator light 276 on phone 207 will not illuminate when a voicemail is left for user 201 while mobile device 203 is in the do-not-call mode).
It would have been obvious to incorporate the indication of missed communications and providing of alternative contact information, as taught in Warr, in the system of Khare, in order to provide the user with periods of time uninterrupted by new communications while ensuring none go missed or forgotten. (See Warr [0009])
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Khare et al (US 11,864,116), in view of Donovan et al (US 2002/0129093).
Regarding Claim 8, Khare teaches all aspects of the invention according to Claim 1 above except comprising providing the indication of the updated notification display status to the node in the network in a header of one or more Protocol Data Units, PDUs ([0027-0028], new header Feature field entry would tell the SIP server to change the "dnd" feature status to "active").
In the same field of endeavor Donovan teaches comprising providing the indication of the updated notification display status to the node in the network in a header of one or more Protocol Data Units, PDUs ([0027-0028], new header Feature field entry would tell the SIP server to change the "dnd" feature status to "active").
It would have been obvious to incorporate the new header field entries of Donovan into the status alert system of Khare in order to provide dedicated packet designation for where status indication may be located.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Khare et al (US 11,864,116), in view of Warr (US 2015/0133098), and further in view of Skovron et al (US 2015/0163341).
Regarding Claim 18, Khare, modified by Warr, teaches all aspects of the invention according to Claim 17 above, except wherein the notification display status includes an indication of the alternative number.
In the same field of endeavor, Skovron teaches wherein the notification display status includes an indication of the alternative number ([0091], if a called device is offline and a user identity associated with the called device is detected as present at another device, the call can be forwarded to the other device instead of the called device. Such forwarding can be enabled by a user preference and can be associated with a privilege status (e.g., only forward calls for contacts having a high privilege level). Forwarding can be done to a user address or identifier rather than phone number. In this way, the virtual personal operator can put the caller in touch with the called user on a different device type (e.g., computer or the like)).
It would have been obvious to incorporate the alternative contact number of Skovron into the system of Khare and Warr in order to provide multiple different methods by which a user may be contacted in the case a particular device is unavailable. (See Skovron [0091])
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Appiah can be reached at (571) 272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARGARET G WEBB/ Primary Examiner, Art Unit 2641
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