Prosecution Insights
Last updated: April 19, 2026
Application No. 18/098,594

PROXIMITY-BASED DATA ACCESS CONTROL

Non-Final OA §101§103§112
Filed
Jan 18, 2023
Examiner
FARROW, FELICIA
Art Unit
2437
Tech Center
2400 — Computer Networks
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
156 granted / 259 resolved
+2.2% vs TC avg
Strong +35% interview lift
Without
With
+34.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
37 currently pending
Career history
296
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 259 resolved cases

Office Action

§101 §103 §112
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. 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. Claims 1-20 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 regards as the invention. Claims 1, 15, and 20 recite “determining that a current location is within a threshold proximity .. .” and “detect a change to the current location” . It is unclear how “the current location” can change because a coordinate location that is not respect to a mobile device is fixed. The claims do not particular point out what the location is in respect to, such as a location of a device, a location of a user, location of a building . The claims fail to particularly point out how the current location is measured and what the location is of, if with respective to a device. Claims 2-14 are rejected because said claims depend upon claim 1 and said claims do not resolves the deficiency of rejected claim 1. Claims 16-19 are rejected because said claims depend upon claim 1 and said claims do not resolves the deficiency of rejected claim 15. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because a computer program product can be a signal per se. Claim 15 recites media which can indicate plural mediums according to paragraph 55 of Applicant’s specification and the use of media(or mediums) does not prevent the mediums from being a signal per se. The definition in Applicant’s specification paragraph 55 is directed to medium(singular), “wherein a computer readable storage medium, as that term is used in the present disclosure, is not to be construed as storage in the form of transitory signals per se”. To overcome this 101 rejection, Applicant should amend computer readable storage media to computer readable storage medium which falls under the definition in paragraph 55 “wherein a computer readable storage medium, as that term is used in the present disclosure, is not to be construed as storage in the form of transitory signals per se”. Claims 16-19 are rejected to because the said claims depend upon claim 15. 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. Claim(s) 1- 8 , 1 1, 13-1 6 , 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raiche US 20160007182 (hereinafter Raiche ) in view of Speede US 20190028832 (hereinafter Speede ) . As to claim 1, Raiche teaches a computer-implemented method ( Figure 9 discloses a method. Abstract discloses a method includes detecting on a computing device that a second computing device is within wireless range of the computing device and transmitting an instruction from the computing device to a server ) comprising: determining that a current location is within a threshold proximity to a proximity device ( paragraph 51 discloses by receiving the wireless signal, device 204 detects that device 210 location is within the wireless signal range of device 204 (range of less than 200 yards). Figure 9, step 900 “Detecting device receives wireless signal from transmitting device”. Paragraph 71 discloses in step 900, the detecting device receives a wireless signal from the receiving device. This wireless signal may take the form of a radio-frequency signal (RF signal). See also Figure 1, step 100 and paragraph 51 ) ; extracting a unique user identifier (UUID) from data received from the proximity device via a first type of network ( Figure 9, step 902 “Detecting device determines unique identifier of transmitting device from wireless signal”. Paragraph 71 discloses at step 902, t he detecting device determines a unique identifier of the transmitting device is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal. The type of network is Bluetooth. See also Figure 1, step 102 and paragraph 5 1 ) ; transmitting an information request that includes the UUID and a role-based information control (RBIC) identifier to a remote access control system ( Figure 9, step 904 “Detecting device sends unique identifier of transmitting device to server”, see also paragraph 71. See also, Figure 1, step 104. Paragraph 53 also discloses the device 204 sends or transmits a request to a server to send information to device 210 . The request includes the unique identifier and an information identifier that identifies the information to be sent to device 210 . The information identifier also include an identifier of a person or entity registered/stored with server as well as an identifier of information stored for that entity on server. Paragraph 54 discloses the server receives the request, the information identifier, and unique identifier of device) via a second type of network (paragraph 59 and Figure 3 reveal network interface 308 in the device and server facilitates communication with other devices through a LAN network protocol ) ; storing, responsive to receiving UUID information in response to the information request, the UUID information on a computer readable storage medium, wherein the UUID information is associated with the UUID, and wherein the UUID information has been filtered based on the RBIC ( paragraph 53 discloses the server stores identifier information for the entity. The identifier information includes identifier of a person or entity registered /stored with the serve r as well as an identifier of information stored for that entity on server. Paragraphs 118-119 also reveal the unique identifier is stored in the server autogroup records. Paragraph 54 reveals the server searches/filters its database to locate information that is to be sent based on the information identifier. Server also searches the database to determine a network address of device based on the unique identifier that the server received ) . Raiche does not teach detecting a change to the current location; determining that the current location exceeds the threshold proximity to the proximity device; and deleting, automatically responsive to determining that the current location exceeds the threshold proximity, the UUID information from the computer readable storage medium. Speede teaches detecting a change to the current location ( paragraph 37 discloses the system determines if the receiver device is outside of the geo-fenced location ) ; determining that the current location exceeds the threshold proximity to the proximity device ( paragraphs 37, 39, and 43 disclose the system determines if the receiver device is outside of the geo-fenced location of the sender device . Paragraph 40 reveals the system flag for deletion the data from allocated resources whose device is outside the designated location ) ; and deleting, automatically responsive to determining that the current location exceeds the threshold proximity, the UUID information from the computer readable storage medium ( paragraph 41 discloses the system deletes the data from the allocated resources that was marked for deletion ) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location with Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location to enabl e the sender device to have the capability to set, at its own convenience, the geographical location fencing of their sent data, before the data is sent to the potentially geographical receiver device ( paragraph 5 of Speede ). As to claim 2, the combination of Raiche in view of Speede teaches wherein the determining that the current location is within the threshold proximity comprises receiving a radio frequency signal from the proximity device ( Raiche : paragraph 71 discloses in step 900, the detecting device receives a wireless signal from the receiving device. This wireless signal may take the form of a radio-frequency signal (RF signal) ; paragraph 51 discloses by receiving the wireless signal, device 204 detects that device 210 location is within the wireless signal range of device 204 (range of less than 200 yards). ). As to claim 3, the combination of Raiche in view of Speede teaches further comprising extracting a unique device identifier (UDID) associated with the proximity device from the radio frequency signal ( Raiche : paragraph 71 discloses at step 902, the detecting device determines the unique identifier of the transmitting /proximity device is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal ) . As to claim 4, the combination of Raiche in view of Speede teaches further comprising determining, responsive to receiving the UDID, that the UDID is included in a list of known UDIDs ( Raiche : paragraph s 118 -119 reveal each autogroup record includes autogroup identifier and there is a separate device record for each broadcasting device associated with this group and each device record includes the unique broadcasting id of the device. Server determines that the broadcasting device is associated with an Autogroup by finding the unique identifier of the broadcasting device in Autogroup records (thus there are records of known unique identifiers ). As to claim 5 , the combination of Raiche in view of Speede teaches further comprising transmitting responsive to determining that the UDID is included in a list of known UDIDs, a UDIS acknowledgment signal to the proximity device ( Raiche : paragraphs 118-119 reveal broad casting device /acknowledgement signal is transmitted from broadcasting device. The device 204 decodes the unique identifier of the broadcasting device from the broadcasting device signal and sends the unique identifier to server. Server 220 determines that the broadcasting device is associating with an Autogroup by finding the unique identifier of the broadcasting device in Autogroup records ). As to claim 6 , the combination of Raiche in view of Speede teaches wherein the UUID is received responsive to the transmitting of the UDID acknowledgment signal ( Raiche : paragraphs 118-119 reveal broad casting device signal is transmitted from broadcasting device. The device 204 decodes the unique identifier of the broadcasting device from the broadcasting device signal and sends the unique identifier to server. Server 220 determines that the broadcasting device is associating with an Autogroup by finding the unique identifier of the broadcasting device in Autogroup records ). As to claim 7 , the combination of Raiche in view of Speede teaches further comprising extracting a UUID information rule from the UUID information, wherein the UUID information rule is based at least in part on the RBIC ( Raiche : paragraphs 63-64 reveals obtaining username/UUID information. Based on the obtained user name, the application obtain permissions/rule to access user information. The permission is based on the username/RBIC ). As to claim 8 , the combination of Raiche in view of Speede teaches wherei n the UUID information rule specifies that the UUID information can be shared with a third party ( Raiche : paragraphs 63-64 reveal the permission token allows for access/sharing of the user information ). As to claim 11, the combination of Raiche in view of Speede teaches wherein the RBIC is based at least in part on a job classification ( paragraph 53 discloses the server stores identifier information for the entity. The identifier information includes identifier of a person or entity registered/stored with the server as well as an identifier of information stored for that entity on server. The identifier of a person/entity can be the job/role or title of a person /entity ) . As to claim 13, the combination of Raiche in view of Speede teaches wherein the first type of network is a wireless personal area network (WPAN) ( Raiche : paragraph 71 discloses in step 900, the detecting device receives a wireless signal from the receiving device. This wireless signal may take the form of a radio-frequency signal (RF signal). Paragraph 71 discloses at step 902, the detecting device determines the unique identifier of the transmitting/proximity device that is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal. Bluetooth protocol is via WPAN protocol ). As to claim 14, the combination of Raiche in view of Speede teaches wherein the second type of network is larger than the WPAN ( Raiche : Figure 9, step 904 “Detecting device sends unique identifier of transmitting device to server”, see also paragraph 71. See also, Figure 1, step 104. Paragraph 53 also discloses device sends or transmits a request to a server to send information to device. Paragraph 54 discloses the server receives the request, the information identifier, and unique identifier of device) via a second type of network (paragraph 59 and Figure 3 reveal network interface 308 in the device and server facilitates communication with other devices through a LAN network protocol ). As to claim 15, Raiche teaches a computer program product comprising one or more computer readable storage media ( paragraph 55 discloses the communication system includes server and electronic devices. These devices and server include memory and processor readable medium ) , and program instructions collectively stored on the one or more computer readable storage media ( paragraph 55 discloses processor readable instructions are stored in memory ) , the program instructions executable by a processor to cause the processor to perform operations ( paragraph 55 discloses processor executes one or more processor readable instructions stored in memory ) comprising: determining that a current location is within a threshold proximity to a proximity device ( paragraph 51 discloses by receiving the wireless signal, device 204 detects that device 210 location is within the wireless signal range of device 204 (range of less than 200 yards). Figure 9, step 900 “Detecting device receives wireless signal from transmitting device”. Paragraph 71 discloses in step 900, the detecting device receives a wireless signal from the receiving device. This wireless signal may take the form of a radio-frequency signal (RF signal). See also Figure 1, step 100 and paragraph 51 ) ; extracting a unique user identifier (UUID) from data received from the proximity device via a first type of network ( Figure 9, step 902 “Detecting device determines unique identifier of transmitting device from wireless signal”. Paragraph 71 discloses at step 902, the detecting device determines the unique identifier of transmitting device is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal. See also Figure 1, step 102 and paragraph 5 1 ) ; transmitting an information request that includes the UUID and a role-based information control (RBIC) identifier to a remote access control system ( Figure 9, step 904 “Detecting device sends unique identifier of transmitting device to server”, see also paragraph 71. See also, Figure 1, step 104. Paragraph 53 also discloses the device 204 sends or transmits a request to a server to send information to device 210 . The request includes the unique identifier and an information identifier that identifies the information to be sent to device 210 . The information identifier also include an identifier of a person or entity registered/stored with server as well as an identifier of information stored for that entity on server. Paragraph 54 discloses the server receives the request, the information identifier, and unique identifier of device) via a second type of network (paragraph 59 and Figure 3 reveal network interface 308 in the device and server facilitates communication with other devices through a LAN network protocol ) ; storing, responsive to receiving UUID information in response to the information request, the UUID information on the one or more computer readable storage media, wherein the UUID information is associated with the UUID, and wherein the UUID information has been filtered based on the RBIC ( paragraph 53 discloses the server stores identifier information for the entity. The identifier information includes identifier of a person or entity registered/stored with the server as well as an identifier of information stored for that entity on server. Paragraphs 118-119 also reveal the unique identifier is stored in the server autogroup records. Paragraph 54 reveals the server searches/filters its database to locate information that is to be sent based on the information identifier. Server also searches the database to determine a network address of device based on the unique identifier that the server received ). Raiche does not teach detecting a change to the current location; determining that the current location exceeds the threshold proximity to the proximity device; and deleting, automatically responsive to determining that the current location exceeds the threshold proximity, the UUID information from the computer readable storage medium. Speede teaches detecting a change to the current location ( paragraph 37 discloses the system determines if the receiver device is outside of the geo-fenced location ) ; determining that the current location exceeds the threshold proximity to the proximity device ( paragraphs 37, 39, and 43 disclose the system determines if the receiver device is outside of the geo-fenced location of the sender device. Paragraph 40 reveals the system flag for deletion the data from allocated resources whose device is outside the designated location ) ; and deleting, automatically responsive to determining that the current location exceeds the threshold proximity, the UUID information from the computer readable storage medium ( paragraph 41 discloses the system deletes the data from the allocated resources that was marked for deletion ) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location with Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location enabling the sender device to have the capability to set, at its own convenience, the geographical location fencing of their sent data, before the data is sent to the potentially geographical receiver device ( paragraph 5 of Speede ). As to claim 16, the combination of Raiche in view of Speede teaches wherein the stored program instructions are stored in a computer readable storage device in a data processing system ( Raiche : paragraph 55 discloses the communication system includes server and electronic devices. These devices and server include memor y/ processor readable medium; processor executes one or more processor readable instructions stored in memory ) , and wherein the stored program instructions are transferred over a network from a remote data processing system ( Raiche : abstract reveals transmitting instructions from the computing device to a server to send information. Figure 3 reveals the computing devices 204/210 are remote from server 360/220 ) . As to claim 18, the combination of Raiche in view of Speede teaches wherein the operations further comprise: extracting a unique device identifier (UDID) associated with the proximity device from the radio frequency signal received from the proximity device ( Raiche : paragraph 71 discloses at step 902, the detecting device determines the unique identifier of the transmitting/proximity device is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal ). As to claim 19, the combination of Raiche in view of Speede teaches wherein the operation further comprise determining, responsive to receiving the UDID, that the UDID is included in a list of known UDIDs ( Raiche : paragraphs 118-119 reveal each autogroup record includes autogroup identifier and there is a separate device record for each broadcasting device associated with this group and each device record includes the unique broadcasting id of the device. Server determines that the broadcasting device is associated with an Autogroup by finding the unique identifier of the broadcasting device in Autogroup records (thus there are records of known unique identifiers ). As to claim 20, Raiche teaches a computer system comprising a processor and one or more computer readable storage media, and program instructions collectively stored on the one or more computer readable storage media, the program instructions executable by the processor to cause the processor to perform operations ( paragraph 55 discloses the communication system includes server and electronic devices. These devices and server include memory and processor readable medium; processor executes one or more processor readable instructions stored in memory ) comprising: determining that a current location is within a threshold proximity to a proximity device ( paragraph 51 discloses by receiving the wireless signal, device 204 detects that device 210 location is within the wireless signal range of device 204 (range of less than 200 yards). Figure 9, step 900 “Detecting device receives wireless signal from transmitting device”. Paragraph 71 discloses in step 900, the detecting device receives a wireless signal from the receiving device. This wireless signal may take the form of a radio-frequency signal (RF signal). See also Figure 1, step 100 and paragraph 51 ) ; extracting a unique user identifier (UUID) from data received from the proximity device via a first type of network ( Figure 9, step 902 “Detecting device determines unique identifier of transmitting device from wireless signal”. Paragraph 71 discloses at step 902, the detecting device determines the unique identifier of transmitting device that is embedded in the received wireless signal. This unique identifier is typically associated with a particular protocol, such as the Bluetooth protocol. In accordance with one embodiment, the wireless signal is a low energy Bluetooth signal. See also Figure 1, step 102 and paragraph 5 1 ) ; transmitting an information request that includes the UUID and a role-based information control (RBIC) identifier to a remote access control system ( Figure 9, step 904 “Detecting device sends unique identifier of transmitting device to server”, see also paragraph 71. See also, Figure 1, step 104. Paragraph 53 also discloses device sends or transmits a request to a server to send information to device. The request includes the unique identifier and an information identifier that identifies the information to be sent to device. The information identifier also include an identifier of a person or entity registered/stored with server as well as an identifier of information stored for that entity on server. Paragraph 54 discloses the server receives the request, the information identifier, and unique identifier of device) via a second type of network(paragraph 59 and Figure 3 reveal network interface 308 in the device and server facilitates communication with other devices through a LAN network protocol ) ; storing, responsive to receiving UUID information in response to the information request, the UUID information on the one or more computer readable storage media, wherein the UUID information is associated with the UUID, and wherein the UUID information has been filtered based on the RBIC ( paragraph 53 discloses the server stores identifier information for the entity. The identifier information includes identifier of a person or entity registered/stored with the server as well as an identifier of information stored for that entity on server. Paragraphs 118-119 also reveal the unique identifier is stored in the server autogroup records. Paragraph 54 reveals the server searches/filters its database to locate information that is to be sent based on the information identifier. Server also searches the database to determine a network address of device based on the unique identifier that the server received ). Speede teaches detecting a change to the current location (paragraph 37 discloses the system determines if the receiver device is outside of the geo-fenced location ) ; determining that the current location exceeds the threshold proximity to the proximity device ( paragraphs 37, 39, and 43 disclose the system determines if the receiver device is outside of the geo-fenced location of the sender device. Paragraph 40 reveals the system flag for deletion the data from allocated resources whose device is outside the designated location ) ; and deleting, automatically responsive to determining that the current location exceeds the threshold proximity, the UUID information from the computer readable storage medium ( paragraph 41 discloses the system deletes the data from the allocated resources that was marked for deletion ) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location with Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location enabling the sender device to have the capability to set, at its own convenience, the geographical location fencing of their sent data, before the data is sent to the potentially geographical receiver device ( paragraph 5 of Speede ). Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raiche US 20160007182 (hereinafter Raiche ), in view of Speede US 20190028832 (hereinafter Speede ), in further view of Anasta US 20230087884 (hereinafter Anasta ). As to claim 9, the combination of Raiche in view of Speede teaches all the limitations recited in claim 1 above. The combination of Raiche in view of Speede does not teach, but Anasta teaches further comprising disabling, responsive to receiving the UUID information, screenshot functionality ( paragraph 30 reveals suspending screenshot functionality when sensitive information is detected/received (paragraph 24 reveals the sensitive information may include numerical identifier) ) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location in view of Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location with Anasta’s teachings of suspending a snapshot to successfully implement appropriate security protocols in an attempt to prevent the identifier from being intercepted via fraudulent acts ( paragraph 11 of Anasta ). As to claim 10, the combination of Raiche in view of Speede and Anasta teaches further comprising enabling, responsive to deleting the UUID information, screenshot functionality ( Anasta : paragraph 37 discloses enabling the screenshot after the sensitive information/identifier has been masked/removed (paragraph 24 reveals the sensitive information may include numerical identifier )) . Motivation similar to the motivation presented in claim 9. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raiche US 20160007182 (hereinafter Raiche ), in view of Speede US 20190028832 (hereinafter Speede ), and in further view of Movva et al US 20220394428 (hereinafter Movva ). As to claim 12, the combination of Raiche in view of Speede teaches all the limitations presented in claim 1 above. The combination of Raiche in view of Speede does not teach but Movva teaches wherein the proximity device does not permit storage of the UUID information ( paragraph 57 reveals the device locator server prevents the storage of the identifier information ). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location in view of Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location with Movva’s teachings of preventing the storage of the identifier information to provide backtracking resistance and anti-tracking in the event the wireless accessory is compromised ( paragraph 51 of Movva ). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raiche US 20160007182 (hereinafter Raiche ), in view of Speede US 20190028832 (hereinafter Speede ), and in further view of O’Meara et al US 20140179274 (hereinafter O’Meara ). As to claim 17, the combination of Raiche in view of Speede teaches all the limitations presented in claim 15 above and further teaches wherein the stored program instructions are stored in a computer readable storage device in a server data processing system ( Raiche : paragraph 55 discloses the communication system includes server and electronic devices. These devices and server include memory/ processor readable medium; processor executes one or more processor readable instructions stored in memory ) , and further comprising: program instructions to meter use of the program instructions associated with the request ( Raiche : paragraph 121 reveals counting/metering when data is sent to nearby user device based on a request ) ; and program instructions to generate an invoice based on the metered use ( Raiche : paragraph 121 reveals counting/metering the running total of the number of times data is sent to nearby device in a history record ). The combination of Raiche in view of Speede does not teach, but O’Meara teaches wherein the stored program instructions are downloaded in response to a request over a network to a remote data processing system for use in a computer readable storage device associated with the remote data processing system ( paragraph 150 reveals responding to sending the request via remote network device, operation includes receiving/downloading instructions from the remote network device. The instruction to be executed by embedded software of the receiving device so as to enable the requested application to utilize a resource of the receiving device ) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Raiche’s teachings of determining a current location in view of Speede’s teachings of detecting a change of location, determining whether the device exceeds the proximity location and deleting the data once outside the proximity location with O’Meara’s teachings of sending instructions from a remote device to enable the requested data to be utilized by the receiving device ( paragraph 159 of O’Meara ) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT FELICIA FARROW whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1856 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M - F 7:30am-4:00pm (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, FILLIN "SPE Name?" \* MERGEFORMAT Alexander Lagor can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-5143 . 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. /F.F/ Examiner, Art Unit 2437 /ALI S ABYANEH/ Primary Examiner, Art Unit 2437
Read full office action

Prosecution Timeline

Jan 18, 2023
Application Filed
Oct 18, 2023
Response after Non-Final Action
Mar 16, 2026
Non-Final Rejection — §101, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
95%
With Interview (+34.8%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 259 resolved cases by this examiner. Grant probability derived from career allow rate.

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