DETAILED ACTION
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 the communication filed on 10/22/2025. Claims 1-24 are pending in this application.
Examiner Note
If applicant has any questions or wishes to amend claims, applicant is encouraged to contact the examiner to ensure that any proposed amendments would overcome current rejection(s). The examiner can normally be reached at (571)270-3863 or michael.keller@uspto.gov, Monday-Friday, 9 AM - 10 PM EST, and examiner is happy assist applicant as needed to provide any help/feedback, thank you.
Priority
This application claims priority of 63/062,831, filed 8/7/2020. The assignee of record is BLUSTREAM CORPORATION. The listed inventor(s) is/are: Audi, Michael Dominick; Buote, William; Rapp, Kenneth N.; Bean, Robert; Gordon, James Michael Jr.
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.
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) 1-4, 7, 9-15, & 17-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lau et al. (US 20200226542 A1, published 7/16/2020; hereinafter Lau) in view of Hsiao et al. (US 9203796 B2, published 12/1/2015; hereinafter Hsi).
For Claim 1, Lau teaches a method, (Please see Lau screenshots of Figs. 1, 4, 7
PNG
media_image1.png
496
736
media_image1.png
Greyscale
PNG
media_image2.png
690
328
media_image2.png
Greyscale
PNG
media_image3.png
702
382
media_image3.png
Greyscale
) comprising:
receiving data characterizing measurements associated with a target object (Lau para [0045]-(0050] - "to track the location and shipping conditions of the article being shipped from the shipper 102 to the recipient 104, a tracking device (TD1) 106 is provided within or attached to the article being shipped"; "While an article is being shipped from the shipper 102 to the recipient 104, the first tracking device 106 gathers status information associated with the article");
determining, based on the data, an objective from a plurality of predefined objectives for monitoring the target object (Lau para [0045]-[0050], [0072], [0169]- "status information includes at least position (location) information and/or shipping conditions information. The position information is obtained typically from a global positioning system (GPS) receiver within the first tracking device"; "Other examples of shipping conditions that can be provided within shipping conditions information include one or more of temperature, humidity, pressure, gaseous or liquid states, chemical compositions, wind speed, color composition, scent, light, sound, smoke, particle or radiation"; "the mobile tracking device is determined 51 O based on the reference number. As an example, the reference number can be an identifier that is used by users to identify the mobile tracking device they are desirous of tracking");
computing, based on the determined objective, a communication channel associated with the target object (Lau para [0045]-[0050] - "status information includes at least position (location) information and/or shipping conditions information. The position information is obtained typically from a global positioning system (GPS) receiver within the first tracking device 106. The position information can be obtained or augmented by a local positioning system such as utilized with a local network (e.g .. Bluetooth, Wi-Fi, etc.)"; and
providing the communication channel (Lau para [0045]-[0050] - "status information that is obtained by the first tracking device 106 is sent by the first tracking device 106 to the tracking server 114 via the wireless network 110 and the Internet"; "notification messages can be transmitted through different channels, such as electronic mail, text message (e.g., page, instant message, etc.), voice call, and facsimile. The timing, for example, can be periodic (e.g., daily) or on events or conditions. The nature of the notification messages can vary based on circumstances and/or user preferences").
Lau does not explicitly teach providing the communication channel to a user device associated with the target object; updating the communication channel using a predictive model, wherein the update is performed in response to a user interaction with the communication channel; and providing the updated communication channel to the user device associated with the target object.
However, teaches providing the communication channel to a user device associated with the target object (Hsi Col 5 Lns 7-22 The message is then delivered to the selected messaging channel(s). For example, a message received via an SMS channel may be delivered to the message recipient through both an SMS channel and an XMPP channel.
(22) In some embodiments, the messaging module 120 not only determines which messaging channels 204 to use for sending the message, but also the manner in which the selected channels are used to send the message. In other words the messaging module 120 determines both where to deliver the message, and also how the message is to be delivered to the selected messaging channels. For example, the messaging module 120 may delay the delivery of messages or determine a mechanism for notifying the user of the message by considering one or more of the signals 210.);
updating the communication channel using a predictive model, wherein the update is performed in response to a user interaction with the communication channel (His Col 12 Lns 56-64 The model accepts certain signals as inputs and using the signals, generates channel scores for each messaging channel that are indicative of a recipient's preferred messaging channel(s). The predictive model may be updated as more training data is collected, allowing iterative refinement of the predictive model as more signals or messaging channels are used and/or as the system is updated such as by adding new messaging channels and notification mechanisms or other messaging features.
Please see Hsi screenshot of Fig. 7 below, thank you:
PNG
media_image4.png
714
400
media_image4.png
Greyscale
); and
providing the updated communication channel to the user device associated with the target object (Hsi Claim 9 sending a first message to a first message recipient via a plurality of messaging channels; responsive to sending the first message via the plurality of messaging channels, receiving an indication of a messaging channel of the plurality of messaging channels preferred by the first message recipient for receiving the first message; sending a second message to a second message recipient via the plurality of messaging channels; responsive to sending the second message via the plurality of messaging channels, receiving an indication of a messaging channel of the plurality of messaging channels preferred by the second message recipient for receiving the second message).
Hsi and Lau are analogous art because they are both related to networking infrastructure.
Before the effective filing date of the claimed invention it would have been obvious to enable users to communicate via multiple different messaging channels (Hsi Col 1 Lns 7-8).
For Claim 2, Lau-Hsi teaches the method of claim 1, further comprising determining one or more characteristic of the communication channel (Lau [0045]-[0050]).
For Claim 3, Lau-Hsi teaches the method of claim 2, further comprising providing the determined one or more characteristics of the communication channel (Lau [0045]-[0050]).
For Claim 4, Lau-Hsi teaches the method of claim 3, wherein the determined characteristic is at least one of: a user preference (Lau [0050] recipient 104 can provide notification criteria); or a status of the target object (Lau [0045]-[0050]).
For Claim 7, Lau-Hsi teaches the method of claim 1, wherein the data comprises data associated with at least one of: a timer; an accelerometer; a global positioning system (Lau [0047] GPS); a position sensor (Lau [0047] direction of travel); a thermometer (Lau [0047] temperature); a humidity sensor (Lau [0047] humidity); a visible light sensor (Lau [0047] light); or a non-visible light sensor (Lau [0047] infrared radiation [0045]-[0050]).
For Claim 9, Lau-Hsi teaches the method of claim 1, further comprising determining a status of the target object (Lau [0045]-[0050]).
For Claim 10, Lau-Hsi teaches the method of claim 9, wherein the status of the target object is based on at least one of: a temperature of the target object; a humidity level surrounding the target object; or a utilization amount of the target object (Lau [0045-0050]. Please see Lau [0047] below, thank you:
[0047] While an article is being shipped from the shipper 102 to the recipient 104, the first tracking device 106 gathers status information associated with the article. The status information includes at least position (location) information and/or shipping conditions information. The position information is obtained typically from a global positioning system (GPS) receiver within the first tracking device 106. The position information can be obtained or augmented by a local positioning system such as utilized with a local network (e.g., Bluetooth, Wi-Fi, etc.). The shipping conditions information pertains to conditions of or surrounding an article during its shipment. The shipping conditions information can vary with application. Examples of shipping conditions that can be provided within shipping conditions information include one or more of vibration, acceleration, speed, or direction of travel of, or force or pressure on, the article. Other examples of shipping conditions that can be provided within shipping conditions information include one or more of temperature, humidity, pressure, gaseous or liquid states, chemical compositions, wind speed, color composition, scent, light, sound, smoke, particle or radiation (e.g., infrared radiation).).
For Claim(s) 11, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 12, the claim(s) is/are substantially similar to claim 2 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 13, the claim(s) is/are substantially similar to claim 3 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 14, the claim(s) is/are substantially similar to claim 4 and therefore is/are rejected for the same reasoning set forth above.
For Claim 15, Lau-Hsi teaches the system of claim 11, wherein the operations further comprise establishing the communication channel between a service provider associated with the determined objective and a user associated with the target object (Lau [0045]-[0050]. Please see Lau [0045] below, thank you:
[0045] In order to track the location and shipping conditions of the article being shipped from the shipper 102 to the recipient 104, a tracking device (TD1) 106 is provided within or attached to the article being shipped. Additionally, a second tracking device (TD2) 108 is also illustrated in FIG. 1 which could be used to track another article. The first tracking device 106 and the second tracking device 108 are coupled to a wireless network 110. In general, the article shipment notification system 100 supports many different tracking devices. Typically, for each article being tracked, the article shipment notification system 100 would use a separate tracking device.).
For Claim(s) 17, the claim(s) is/are substantially similar to claim 7 and therefore is/are rejected for the same reasoning set forth above.
For Claim 18, Lau-Hsi teaches the system of claim 11, wherein the operations further comprise receiving second data characterizing second measurements associated with the target object at time after receiving previous sensor data (Lau para [0045]-[0050], [0057], [0094]. Please see Lau screenshot of Fig. 2 below, thank you:
PNG
media_image5.png
642
374
media_image5.png
Greyscale
)..
For Claim(s) 19, the claim(s) is/are substantially similar to claim 9 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 20, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim 21, Lau-Hsi teaches the method of claim 1, wherein the predictive model is trained on historical user interactions with a plurality of communication channels (Hsi Col 6 Lns 1-8 Historical messaging usage—Historical messaging usage refers to the recipient's usage patterns of various messaging channels over some period of time. For example, if a recipient has historically sent 65% of their messages via web-chat, 20% via email, and 15% via a mobile-chat application, these statistics may be used by the messaging module 120 to increase the likelihood that a message will be sent to the recipient via web-chat.).
For Claim 22, Lau-Hsi teaches the method of claim 1, wherein the user interaction with the communication channel includes a user’s response to the communication channel and additional data characterizing measurements associated with the target object (Hsi Col 11 Lns 57-59 The recipient may then reply (user’s response) by sending a return message through the XMPP channel but not the web-chat channel (sending a message to one channel but not the other channel is data characterizing measurements- the measurement being one channel received 1 response, the other channel received 0 response)).
For Claim 23, Lau-Hsi teaches the method of claim 1, wherein the user interaction with the communication channel is based on a measurement of responsiveness by the user (His Col 11 Lns 57-59).
For Claim 24, Lau-Hsi teaches the method of claim 1, wherein the updated communication channel is an alternative channel distinct from the initially provided communication channel (Hsi Col 11 Lns 32-33 new channels are selected or old channels are de-selected).
Claim(s) 5-6, 8 & 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lau-Hsi in view of Santarone et al. (US 20200242282 A1, published 7/30/2020; hereinafter San).
For Claim 5, Lau-Hsi teaches the method of claim 1, further comprising establishing the communication channel between a service provider and a user associated with the object via a server containing an algorithm, a plurality of pre-stored statuses of the target object, and a plurality of associated service providers (Lau para [0045]-[0050], [0094], [0101], [0106]).
Lau-Hsi does not explicitly teach a machine-learning algorithm.
However, San teaches a machine-learning algorithm (San para [0430]-[0431] - "records of equipment and/or area of interest will be accessed and relayed to smart device. The smart device's position, direction of interest, and distance to the equipment/area of interest as determined by method steps 1601 through 1610 will be cross-referenced with the AVM and experiential data to call up pertinent data"; "by means of non-limiting example. one or more of: loT data relayed by machine learning-enabled equipment"; "by means of non-limiting example, one or more of: loT experiential data gathered and collated from multiple sources across multiple facilities similar to the presented symptomatic data, internet-gathered data analyzed by various machine learning technologies, algorithmic analytics of symptomatic data to determine causal indications. and smart device expertise".
Please see screenshot of San Fig. 16 below, thank you:
PNG
media_image6.png
940
542
media_image6.png
Greyscale
).
San and Lau-Hsi are analogous art because they are both related to networking infrastructure.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the machine-learning techniques of San with the system of Lau-Hsi to provide improved approaches for monitoring status of articles being shipped as taught by Lau capable of improved object status determination and tracking.
For Claim 6, Lau-His-San teaches the method of claim 5, wherein the service provider is associated with the determined objective for monitoring the target object via the machine-learning algorithm (San [0430]-[0431]), the plurality of pre-stored statuses the target object, and the plurality of associated service providers (Lau para [0045]-[0050], [0094], [0169]).
For Claim 8, Lau-Hsi teaches the method of claim 1, wherein a sensor is arranged adjacent to the target object; a server is communicatively coupled to the sensor, the server configured to contain an algorithm, a plurality of pre-stored statuses of the target object, and a plurality of associated service providers; a first communication device is associated with the user; and a second communication device is associated with the service provider, wherein the communication channel links the first communication device and the second communication device in order to transmit data (Lau para [0045]-[0050], [0094], [0101], [0106]).
Lau-Hsi does not explicitly teach a machine-learning algorithm.
However, San teaches a machine-learning algorithm (San para [0430]-[0431]).
San and Lau-Hsi are analogous art because they are both related to networking infrastructure.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the machine-learning techniques of San with the system of Lau-Hsi to provide improved approaches for monitoring status of articles being shipped as taught by Lau capable of improved object status determination and tracking.
For Claim 16, Lau-Hsi teaches the system of claim 11, further comprising: a sensor arranged adjacent to the target object; a server communicatively coupled to the sensor; the server configured to contain an algorithm, a plurality of pre-stored statuses of the target object, and a plurality of associated service providers; a first communication device associated with the user; and a second communication device associated with the service provider, wherein the communication channel links the first communication device and the second communication device in order to transmit data (Lau para [0045]-[0050], [0094], [0101], [0106]).
Lau-Hsi does not explicitly teach a machine-learning algorithm.
However, San teaches a machine-learning algorithm (San para [0430]-[0431]).
San and Lau-Hsi are analogous art because they are both related to networking infrastructure.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the machine-learning techniques of San with the system of Lau-Hsi to provide improved approaches for monitoring status of articles being shipped as taught by Lau capable of improved object status determination and tracking.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed below, thank you:
i. US 8751636 B2, Timing For Providing Relevant Notifications For A User Based On User Interaction With Notifications
ii. US 8868769 B2, System And Method For Obtaining Responses To Tasks
iii. US 11645289 B2, Ranking Enterprise Graph Queries
iv. US 11586485 B2, Methods And Systems For Generating Notifications
v. US 11411895 B2, Generating Aggregated Media Content Items For A Group Of Users In An Electronic Messaging Application
vi. US 11314798 B2, Processing System Having Machine Learning Engine For Providing Customized User Functions
vii. US 8406141 B1, Method For Enabling Search Of Digital Communications Network Traffic To Identify Information Exchanged With Human, Involves Providing Scalable Search Engine Functionality To Search Quantities Of Pcap Files Or IP Network Packet Data
viii. US 8161106 B2, Supporting Serendipitous Group Interaction Based On User Activities
ix. US 11210746 B1, Optimal Selection Of Notice Recipients
x. US 11062401 B1, Optimal Notification
xi. US 10757201 B2, Document And Content Feed
xii. US 10657471 B2, Intelligent Assignment Of Agents
xiii. US 7889719 B2, Method And Apparatus For Communication Channel Switch
xiv. US 10511564 B2, User Availability Aware Communication System
xv. US 10394827 B2, Discovering Enterprise Content Based On Implicit And Explicit Signals
xvi. US 10169457 B2, Displaying And Posting Aggregated Social Activity On A Piece Of Enterprise Content
xvii. US 10061826 B2, Distant Content Discovery
xviii. US 9876894 B2, Systems And Methods For Event Stream Management
xix. US 9870432 B2, Persisted Enterprise Graph Queries
xx. US 9560001 B1, Managing Notifications Across Services
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning communications from the examiner should be directed to Michael Keller at (571)270-3863 or michael.keller@uspto.gov. If attempts to reach the examiner are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached at 571-272-7952.
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.
/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2446