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 .
DETAILED ACTION
Response to Arguments
Applicant’s argument with respect to claim rejection under 35 U.S.C. 101 has been fully considered and is persuasive, therefore claim rejection under 35 U.S.C. 101 has been withdrawn.
Applicant argues, with respect to independent claim 1 (and similarly to other independent claims and respective dependent claims of each independent claims) that the previously cited references, Li and Boberg, alone or in combination fail to teach or suggest the indication indicates that said information is available in the server, and the indication instructs one or more UEs in the radio coverage area to retrieve said information from the server as a basis for deciding whether a UE user should be notified about the event or not.
Examiner respectfully disagrees. Li teaches government and specific tissue coverage range of mobile phone broadcast CMAS [commercial mobile alarm system] message [this CMAS is interpreted as the indication] to the base station through the special communication base station, and is received by the mobile phone [in coverage area of the base station] (Page 2). The CMAS message carrying geographical position and event type (Page 2). Li states that it should be understood that the device and method disclosed can be realized by other ways, and that method described in the above paragraphs is only the preferred embodiments of the present invention and is not intended to limit the present invention. For those skilled in the art, the present invention may have various modifications and changes. Any modifications, within the spirit and principle of the present invention, the any modification, equivalent replacing, improved and so on, are contained in the protection range of the invention (Page 14). Thus even though Li teaches transmitting the information regarding the event, not merely the indication, it would have allowed modification to the disclosed method to transmit other information to the UE. Further, Li teaches the terminal device is configured with a distance threshold, the distance threshold value and event type, such as typhoon corresponding to the distance threshold value is 50 kilometers, distance threshold corresponding to the fire is 10 kilometers. After receiving the CMAS message [or as an modification, the indication regarding the event], the terminal device [UE] compares the calculated distance is less than or equal to the distance threshold, determining event geographic location and the current geographical position [of the UE] is matched (Page 8). When the terminal equipment determines event geographic location and the current geographical position is matched, the terminal device send CMAS message to login terminal of instant communication account to avoid user not timely check the CMAS message on the terminal device (Page 9). Thus the information included in the indication/message is used as basis to determining whether to notify the UE user about the event or not. In addition, Boberg teaches a notification [interpreted as indication] is transmitted to the user equipment indicating that the in-direct content is available at the content server and is available for retrieval (Paragraphs 0006 and 0013). Therefore, the combination of Li and Boberg teaches the indication indicates that said information is available in the server, and the indication instructs one or more UEs in the radio coverage area to retrieve said information from the server as a basis for deciding whether a UE user should be notified about the event or not, as recited in independent claim 1 (and similarly in other independent claims and respective dependent claims of each independent claims).
Applicant maintains that the drawings and disclosure are clear and understandable to one of ordinary skill in the art, and request to further discuss these issues when all other issues are overcome. Therefore, drawings objection and disclosure objection has been maintained until when all other issues are overcome.
Claim objections have been withdrawn based on amendment.
Drawings
The drawings are objected to because Figure 5 has different color and/or color intensity from other figures in the drawing and is less legible. Examiner suggests replacing Figure 5 with a clear illustration. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The use of the term Wi-Fi, UTRAN, HSPA, 3GPP, LTE, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 2, 7-9, 11, 13, 14, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 111031526 A and Li hereinafter), in view of Boberg et al. (US 20110004942 A1 and Boberg hereinafter).
Regarding claim 1, Li teaches a method performed by at least one network node for enabling notifications to User Equipment, UE, users (Page 2; government and specific tissue coverage range of mobile phone broadcast CMAS message to the base station through the special communication base station. Page 9 Paragraphs 10-11; sending CMAS message to the terminal login instant communication account to avoid user not timely check the CMAS message on the terminal device), wherein the method comprises:
detecting that an event associated with a non-radio degradation (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. The event type represents the type of emergency event, an event type includes, but are not limited to, earthquake, typhoon, war, and the like. Examiner asserts that these types of events are associated with a non-radio degradation) has occurred in a radio coverage area served by the network node (Page 2; government and specific tissue coverage range of mobile phone broadcast CMAS message to the base station through the special communication base station), wherein the UE users potentially want to avoid said event (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. The event type represents the type of emergency event, an event type includes, but are not limited to, earthquake, typhoon, war, and the like. Examiner asserts these event types would be avoided by user);
storing information about the detected event in a server, wherein the information comprises at least a location of the event (Page 2; government and specific tissue coverage range of mobile phone broadcast CMAS message to the base station through the special communication base station. Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. Examiner asserts that when base station receives the CMAS message and later transmit the message to UE, the CMAS message is at least temporarily stored in the base station); and
transmitting an indication of the event (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message [from the base station], the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location), and wherein said information as a basis for deciding whether a UE user should be notified about the event or not (Figure 3 and Page 7 Paragraphs 06-07; [the UE] receives the CMAS message, CMAS message carrying event geographic location and event type. Page 2 Paragraph 05; receiving the CMAS message, wherein the CMAS message carrying geographic position and event type. Figure 3 and Page 8 Paragraph 08; terminal device [UE] is configured with a distance threshold, the distance threshold value and event type, such as typhoon corresponding to the distance threshold value is 50 kilometers, distance threshold corresponding to the fire is 10 kilometers. The terminal device [UE] compares the calculated distance is less than or equal to the distance threshold, determining event geographic location and the current geographical position [of the UE] is matched. Page 9 Paragraphs 10-12; when the terminal equipment determines event geographic location and the current geographical position is matched, the terminal device send CMAS message to login terminal of instant communication account to avoid user not timely check the CMAS message on the terminal device).
Li does not explicitly teach wherein the indication indicates that said information is available in the server, and wherein the indication instructs one or more UEs in the radio coverage area to retrieve said information from the server. In an analogous art, Boberg teaches wherein the indication indicates that said information is available in the server (Paragraphs 0006 and 0013; presence server checks the authorization rules and forwards the notification to the authorized users, the notification indicating that the in-direct content is available at content server [interpreted as the server] and is available for retrieval. The indication of the location of the in-directed content may be a URL), and wherein the indication instructs one or more UEs in the radio coverage area to retrieve said information from the server (Paragraphs 0006 and 0013; the notification indicating that the in-direct content is available at content server [interpreted as the server] and is available for retrieval. The indication of the location of the in-directed content may be a URL). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Li and Boberg because this approach is useful when the data to be retrieved may be quite large (e.g., when the information includes multimedia data such as icons, media files, etc.) (Boberg, Paragraph 0006).
Regarding claim 13, claim 13 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1.
Regarding claims 2 and 14, the combination of Li and Boberg teaches all of the limitations of claims 1 and 13, as described above. Further, Li teaches wherein the indication is transmitted as a broadcast, a multicast or a unicast (Page 7; CMAS message may be transmitted through a broadcast channel).
Regarding claim 7, Li teaches a method performed by a User Equipment, UE, for enabling notifications to UE users (Figure 3 and Page 7 Paragraph 05; processing method of a CMAS [commercial mobile alarm system] message. Page 9 Paragraphs 10-11; sending CMAS message to the termina login instant communication account to avoid user not timely check the CMAS message on the terminal device), wherein the method comprises:
receiving an indication of an event (Figure 3 and Page 7 Paragraphs 06-07; [the UE] receives the CMAS message, CMAS message carrying event geographic location and event type. Page 2 Paragraph 05; receiving the CMAS message, wherein the CMAS message carrying geographic position and event type. Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. The event type represents the type of emergency event, an event type includes, but are not limited to, earthquake, typhoon, war, and the like), associated with a non-radio degradation (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. The event type represents the type of emergency event, an event type includes, but are not limited to, earthquake, typhoon, war, and the like. Examiner asserts that these types of events are associated with a non-radio degradation), that the UE users potentially want to avoid (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location, event time, event geographic location. The event type represents the type of emergency event, an event type includes, but are not limited to, earthquake, typhoon, war, and the like. Even though Li does not explicitly disclose that the UE users potentially want to avoid said event, however it would have been obvious to one of ordinary skill in the art that UE users would want to avoid emergency events such as earthquake and typhoon, since it would not be safe for UE user to be around or near these emergency events);
wherein the information comprises at least a location of the event (Figure 2 and Page 6 Paragraphs 09-10; [the UE] receives the CMAS message, the CMAS message for describing the content of the emergency event occurs, the CMAS message carrying event geographic location. Figure 3 and Page 7 Paragraphs 06-07; CMAS message carrying event geographic location and event type, event geographical position represents a position, wherein the emergency event occurs, event geographic location using the influence range or latitude and longitude coordinates, such as influence range of the earthquake is north latitude 30 degree east longitude 113 degrees as centre, the radius is the area of the 30KM, and for example, occurrence of fire is north latitude 40 degree east longitude 150 degrees);
obtaining a position of the UE (Page 5 Paragraph 01; terminal device receiving the CMAS message, determines event geographic location and the current geographical [of the terminal device] is matched. Figure 5 and Page 6 Paragraph 02; terminal device include a mobile station, a mobile telephone [thus a UE], portable device, mobile station, and so on. Figure 3 and Page 7 Paragraph 06-07 and Page 8 Paragraphs 04-05; mobile device receiving the CMAS message from serving base station where the mobile phone reside, the mobile phone determines current geographical position represents a position of the mobile phone is currently located); and
notifying the user of the UE about the event if the obtained UE position is within a pre-determined distance from the location of the event (Figure 3 and Page 8 Paragraphs 06 and 08; terminal device [UE] is configured with a distance threshold, the distance threshold value and event type, such as typhoon corresponding to the distance threshold value is 50 kilometers, distance threshold corresponding to the fire is 10 kilometers. The terminal device [UE] compares the calculated distance is less than or equal to the distance threshold, determining event geographic location and the current geographical position [of the UE] is matched. Page 9 Paragraphs 10-12; when the terminal equipment determines event geographic location and the current geographical position is matched, the terminal device send CMAS message to login terminal of instant communication account to avoid user not timely check the CMAS message on the terminal device), wherein the indication of said information as a basis for deciding whether the UE user should be notified about the event or not (Figure 3 and Page 7 Paragraphs 06-07; [the UE] receives the CMAS message, CMAS message carrying event geographic location and event type. Page 2 Paragraph 05; receiving the CMAS message, wherein the CMAS message carrying geographic position and event type. Figure 3 and Page 8 Paragraph 08; terminal device [UE] is configured with a distance threshold, the distance threshold value and event type, such as typhoon corresponding to the distance threshold value is 50 kilometers, distance threshold corresponding to the fire is 10 kilometers. The terminal device [UE] compares the calculated distance is less than or equal to the distance threshold, determining event geographic location and the current geographical position [of the UE] is matched. Page 9 Paragraphs 10-12; when the terminal equipment determines event geographic location and the current geographical position is matched, the terminal device send CMAS message to login terminal of instant communication account to avoid user not timely check the CMAS message on the terminal device).
Li does not explicitly teach wherein the indication indicates that information about the event is available in a server; retrieving the information about the event from the server; and wherein the UE is instructed by the indication to retrieve said information from the server. In an analogous art, Boberg teaches wherein the indication indicates that information about the event is available in a server (Paragraphs 0006 and 0013; presence server checks the authorization rules and forwards the notification to the authorized users, the notification indicating that the in-direct content is available at content server [interpreted as the server] and is available for retrieval. The indication of the location of the in-directed content may be a URL); retrieving the information about the event from the server (Paragraphs 0006 and 0013; presence server checks the authorization rules and forwards the notification to the authorized users, the notification indicating that the in-direct content is available at content server and is available for retrieval. The indication of the location of the in-directed content may be a URL); and wherein the UE is instructed by the indication to retrieve said information from the server (Paragraphs 0006 and 0013; presence server checks the authorization rules and forwards the notification to the authorized users, the notification indicating that the in-direct content is available at content server [interpreted as the server] and is available for retrieval. The indication of the location of the in-directed content may be a URL). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Li and Boberg because this approach is useful when the data to be retrieved may be quite large (e.g., when the information includes multimedia data such as icons, media files, etc.) (Boberg, Paragraph 0006).
Regarding claim 19, claim 19 recites similar features as claim 7, therefore is rejected for at least the same reason as discussed above regarding claim 7.
Regarding claims 8 and 20, the combination of Li and Boberg teaches all of the limitations of claims 7 and 19, as described above. Further, Li teaches further comprising: refraining from notifying the user of the UE of the event if the obtained UE position is beyond the pre-determined distance of the location of the event (Figure 3 and Page 8 Paragraphs 06-08; terminal device [UE] is configured with a distance threshold, the distance threshold value and event type, such as typhoon corresponding to the distance threshold value is 50 kilometers, distance threshold corresponding to the fire is 10 kilometers. Figure 3 and Page 8 Paragraph 09 - Page 9 Paragraph 03; when is it determined that the event geographic location and current geographic location [of the UE] is not matched [Examiner asserts that when the two locations do not match it may be interpreted as the distance between two locations is greater than preconfigured distance threshold], i.e., emergency event to the position of the terminal device currently has little effect, the terminal device is shielded of the reminding of the CMAS message, the terminal will not send vibration prompt and/or voice prompt reminder).
Regarding claim 9, the combination of Li and Boberg teaches all of the limitations of claim 7, as described above. Further, Li teaches wherein the indication is received as a broadcast, a multicast or a unicast from a network node serving a radio coverage area in which the event has occurred (Figure 3 and Page 7 Paragraph 07; mobile phone receiving the CMAS message from the serving base station [interpreted as a network node serving a radio coverage area in which event (CMAS message regarding the event) has occurred] where the mobile phone resides, the CMAS message may be transmitted through a broadcast channel).
Regarding claim 11, the combination of Li and Boberg teaches all of the limitations of claim 7, as described above. Further, Li teaches wherein the information further comprises characteristics of the event such as type (Figure 2 and Page 6 Paragraphs 11 – Page 7 Paragraph 01; CMAS message may include event type identifier to indicate an emergency event, the terminal device can identify the event type according to the identification) and magnitude of the event (Page 2 Paragraph 18 [last paragraph], Figure 2 and Page 6 Paragraph 10; the event geographic location using the affected area to represent. Page 7 Paragraph 07; CMAS message carrying event geographic location and event type, event geographical position represents a position, wherein the emergency event occurs, event geographic location using the influence range or latitude and longitude coordinates, such as influence range of the earthquake is north latitude 30 degree east longitude 113 degrees as centre, the radius is the area of the 30KM. Examiner asserts the affected area may be used to indicate magnitude of the event, for example a larger affected area may equate to more severe event).
Claims 3-5, 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Boberg, as applied in the claims above, further in view of Kim et al. (KR 100788606 B1 and Kim hereinafter).
Regarding claims 3 and 15, the combination of Li and Boberg teaches all of the limitations of claims 1 and 13, as described above.
The combination of Li and Boberg does not explicitly teach wherein the detecting is based on measurements and observations made by UEs and/or sensors in the radio coverage area. In an analogous art, Kim teaches wherein the detecting is based on measurements and observations made by UEs and/or sensors in the radio coverage area (Page 5 and Paragraph 06; the sensor information management server collects the sensor ID information, the sensed information, and location information of the sensor node, and display the location information of each sensor node and the detected information of each region on a map in cooperation with the LBS [location based service] server. Page 6 Paragraph 03; intrusion and fire detection system further include a sensor information management client for outputting the location information on the screen). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Li, Boberg and Kim because it would provide alarm to residents that are located at or near an accident site and to provide visual location to the residents regarding accident site (Kim, Abstract and Page 1 last paragraph – Page 2 Paragraph 01).
Regarding claims 4 and 10, the combination of Li and Boberg teaches all of the limitations of claims 1 and 7, as described above.
The combination of Li and Boberg does not explicitly teach wherein the location of the event is a position in a geographic map. In an analogous art, Kim teaches wherein the location of the event is a position in a geographic map (Page 5 and Paragraph 06; the sensor information management server collects the sensor ID information, the sensed information, and location information of the sensor node, and display the location information of each sensor node and the detected information of each region on a map in cooperation with the LBS [location based service] server. Page 6 Paragraph 03; intrusion and fire detection system further include a sensor information management client for outputting the location information on the screen, and displays the location information and accident situation information on the map of the sensor node where the accident occurred during intrusion detection and fire detection). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Li, Boberg and Kim because it would provide alarm to residents that are located at or near an accident site and to provide visual location to the residents regarding accident site (Kim, Abstract and Page 1 last paragraph – Page 2 Paragraph 01).
Regarding claim 5, the combination of Li and Boberg teaches all of the limitations of claim 1, as described above. Further, Li teaches wherein the stored information further comprises characteristics of the event such as type (Page 2; the CMAS message carrying geographical position and event type).
The combination of Li and Boberg does not explicitly teach magnitude of the event. In an analogous art, Kim teaches magnitude of the event (Page 6 Paragraph 01; the sensor information management server may further include a fire detection processor configured to record and store location information, fire occurrence information, and action information of a sensor node where a fire has occurred when a fire is detected at a specific sensor node from the detected information. Page 6 Paragraph 03; intrusion and fire detection system further include a sensor information management client for outputting the location information on the screen, and displays the location information and accident situation information on the map of the sensor node where the accident occurred during intrusion detection and fire detection. Examiner asserts that the action information and accident situation information may be including magnitude of the accident. Page 9 Paragraph 02; the fire detection sensor may generate an alarm sound when the sensor detects home temperature above a predetermined threshold (for example 100 degrees), and sensor ID information, fire detection information, and a location information of the sensor node is transmitted to the sensor information management server. Examiner asserts the temperature above predetermined temperature threshold may also be interpreted as a magnitude of the event). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Li, Boberg and Kim because it would provide alarm to residents that are located at or near an accident site and to provide visual location to the residents regarding accident site (Kim, Abstract and Page 1 last paragraph – Page 2 Paragraph 01).
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 Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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 Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JING GAO/ Primary Examiner, Art Unit 2647
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