DETAILED ACTION
1. This action is responsive to the communications filed on 01/16/2026.
2. Claims 1-5, 7-21, are pending in this application.
3. Claims 1, 5, 7, 8, 12, 15, 16, 20, have been amended.
4. Claim 6 has been cancelled.
5. Claim 21 is new.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/16/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
Claims 1, 16, 20, recite the limitation “receiving, by the first electronic device, context information from the second electronic device, the context information comprising historical user action data and the context information is configured to identify a location of the first electronic device at which to display on the first electronic device a shortcut corresponding to the shortcut data associated with the application.” Applicant’s specification states:
[0097] In one embodiment the shortcut provided to the wearable device 402F can be displayed on a watch face 832 at a time and/or location in which the shortcut would be relevant to the wearer of the wearable device. The time and/or location in which the shortcut would be relevant to the wearer of the wearable device 402F can be determined by the wearable device based on the context information synced over the peer-to-peer communication channel 354 between the wearable device 402F and the mobile phone 402E, as well as based on historical information synced to the wearable device 402F via a network centric channel 352 established over the network 420. Historical information regarding the shortcut can be provided that indicates past times and/or locations in which an action associated with a shortcut was performed by the wearer of the wearable device 402F. Such historical information can be provided to the wearable device 402F via the network centric channel 352 established over the network 420, as such information may be of such volume that it would be best synchronized while the wearable device 402F has an external power source. For example, where a user has been determined to regularly order food or drink via the smartphone application 834 at a specific time or a specific location, the smartphone application 834 can request the wearable device 402F to display a shortcut to the user via the watch face 832 at a relevant time and/or location based on historical activity of the user…
Therefore, in line with applicant’s specification, the examiner will construe this limitation to mean a shortcut is displayed on the wearable device at a location that is considered relevant to the wearer.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 recites the same subject matter as amended claim 5 and as such, fails to further limit claim 5. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-5, 7-21, are rejected under 35 U.S.C. 103 as being unpatentable over Tapley et al. (US 2020/0202417) in view of Wong et al. (US 2017/0374523).
Regarding claim 1, Tapley disclosed:
A method performed by a first electronic device (Figure 4, wearable device) comprising:
receiving, by the first electronic device (Figure 4, wearable device 410) associated with a user (Paragraph 26, wearable device of a user), shortcut data (Paragraph 30, content) for launching an application on the first electronic device associated with the application (Figure 6B, eBay application) from a second electronic device (Figure 4, personal computing device 420) associated with the user (Paragraph 31, personal computer acting on behalf of a user) (Paragraph 26, 31, the user controlling both the wearable device and the personal computer. Paragraph 27, wearable device receives data from personal computing device. The data corresponds to content of an online marketplace and in response to receiving the data, displaying the content on the wearable device. Paragraph 30, causing a notification to be displayed on the wearable device. Figure 6B showing notifications and content from the eBay application. Paragraph 62, the personal computing device communicates notifications to the wearable device. Paragraph 77, Figure 5B showing a notification shown on the wearable device to connect a user’s watch to their eBay account. After connecting, Figures 5C-5D showing the eBay app launched on the watch to show items the user is bidding on);
receiving, by the first electronic device, context information (Paragraph 60, scheduled alerts) from the second electronic device, the context information configured to identify a location (Paragraph 60, geographical location) of the first electronic device at which to display on the first electronic device a shortcut (Paragraph 30, notification) corresponding to the shortcut data associated with the application (Paragraph 60, updates or action items are performed by the wearable device. Action items include receiving scheduled alerts or displaying action items based on a time of day or geographical location. Paragraph 86, sending the user a feed interest menu based on the user’s behavioral history that includes contextual signals such as the user’s current location. Paragraph 87, if the user is wearing the wearable device at a concert venue, a determination of the user’s location is made to surface items related to the concert venue based on the user’s location. Paragraph 125, providing certain notifications and customizing what information to present to the user using context factors such as the user’s location);
presenting, on the first electronic device in accordance with the shortcut data and the context information received from the second electronic device, the shortcut on a user interface (Figures 7A-7L) based on the location being met (Paragraph 62, the personal computing device communicates the notification to the wearable device. The wearable device displays the communication to the user. Paragraph 87, if the user is wearing the wearable device at a concert venue, a determination of the user’s location is made to surface items related to the concert venue based on the user’s location);
receiving, by the first electronic device, user input at the user interface of the first electronic device, the user input selecting the shortcut (Paragraph 67, the wearable device detects an input from the user. The input includes a selection of a GUI element. Paragraph 68, the wearable device transmits one or more instructions to the personal computing device to perform the requested actions); and
initiating, by the first electronic device, an action to launch the application associated with the second electronic device based at least in part on the user input selecting the shortcut (Paragraphs 67-68, the user selects to place a bid or increase a bid on an item. The wearable device transmits the instructions to the personal computing device and the personal computing device performs the requested action(s). Paragraph 113, Figure 11C, the user can open the notification on another device. In response to a user input requesting that the notification be presented on the other device, the notification along with additional details and options are presented on the other device. Figure 11C showing the eBay app launched on the personal computing device).
While Tapley disclosed having an application run on a wearable device (see above), Tapley did not explicitly disclose the context information comprising historical user action data; and presenting, on the first electronic device in accordance with the shortcut data for launching the application on the first electronic device and based at least in part on the context information received from the second electronic device, the shortcut on a user interface based on the location being met.
However, in an analogous art, Wong discloses the context information comprising historical user action data and the context information is configured to identify a location of the first electronic device at which to display on the first electronic device a shortcut corresponding to the shortcut data associated with the application (Paragraph 23, a smart watch is paired with a smart phone, with the two devices storing contextual information. Paragraph 25, based on contextual information, the smartphone determines that an application should be launched and information should be relayed to the smart watch. Paragraph 26, the determination to activate an application on the smart watch is based on the contextual information provided to the smart watch, the contextual information using a GPS sensor. Paragraph 49, the smart phone provides contextual information to the smart watch, such as GPS information (i.e., location). Paragraphs 50-51, contextual information is based on historical usage and includes information regarding a previous event or transaction. Paragraph 55, launching an application (i.e., shortcut) corresponding to an electronic lock that allows a user to unlock a door if it is determined that the user is physically located in front of the door. Paragraph 61, 74, contextual information is compared with stored parameters on the smart watch in order to ascertain a particular application is to be activated. The stored parameters include parameters that are determined based on historical operation of the accessory device. For example, if the user repetitively performs certain routines in terms of starting up applications, the smart watch monitors patterns and uses them to influence how contextual information is evaluated);
presenting, on the first electronic device in accordance with the shortcut data for launching the application on the first electronic device and based at least in part on the context information received from the second electronic device, the shortcut on a user interface based on the location being met (Paragraph 55, launching an application (i.e., shortcut) on the smart watch corresponding to an electronic lock that allows a user to unlock a door if it is determined that the user is physically located in front of the door).
One of ordinary skill in the art would have been motivated to combine the teachings of Tapley with Wong because the references involve sending notifications to wearable devices based on location, and as such, are within the same environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the launching the application and historical user action data of Wong with the teachings of Tapley in order to enhance the user experience and allow for flexible interactions that efficiently utilize the capabilities of different devices (Wong, Paragraph 6).
Regarding claims 16, 20, the claims are substantially similar to claim 1. Claim 16 recites one or more processors and a non-transitory computer readable medium (Tapley, Paragraph 152, processors. Paragraph 168, non-transitory machine readable medium). Claim 20 also recites a non-transitory computer readable medium (Tapley, Paragraph 168, non-transitory machine readable medium). Therefore, the claims are rejected under the same rationale.
Regarding claims 2, 17, the limitations of claims 1, 16, have been addressed. Tapley and Wong disclosed:
further comprising: receiving, by the first electronic device, template information from the second electronic device, the template information specifying an appearance of the shortcut (Tapley, Paragraph 33, a remaining time notification can be displayed on a home screen of a wearable device that indicates an amount of time remaining for an item being offered for sale. Paragraph 104, Figure 10, a user interface for managing notification settings for a wearable device application. Paragraph 105, settings including visual indications to use for notifications (i.e., template). Figure 16 showing different templates for notifications).
Regarding claim 3, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the first electronic device comprises a wearable device and the second electronic device comprises a mobile phone (Tapley, Paragraph 29, wearable device comprises a smartwatch. Personal computing device comprises a smartphone).
Regarding claim 4, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the shortcut data is received via an application programming interface (API) (Tapley, Paragraph 40, applications have programmatic access to the networked system including a programmatic interface provided by the API server 114).
Regarding claim 5, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the shortcut data is received via a peer-to-peer communication channel; (Tapley, Paragraph 164, utilizing a peer to peer network environment to specify actions to be taken by the machine).
wherein the context information is configured to further identify a time, wherein the shortcut is presented on the user interface at a time and/or location determined based at least in part on historical information received via a network-centric communication channel different from the peer-to-peer communication channel (Tapley, Paragraph 60, action items are performed by the wearable device. Action items include receiving scheduled alerts based on a time of day or geographical location. Paragraph 62, the wearable device and personal computing device communicating through WiFi (i.e., network centric). Paragraph 86, displaying an interest menu (i.e., another shortcut) that is based on input signals such as a user’s behavioral history with respect to one or more websites or online services (i.e., historical information). Input signals also including contextual signals such as user’s location and the current time).
Regarding claim 7, the limitations of claim 5 have been addressed. Tapley and Wong disclosed:
wherein the historical information indicates past times and/or locations in which an action associated with the shortcut was previously performed (Tapley, Paragraph 120, the user interface displaying a notification of an item for sale that is ending soon. The system determines to notify the user based on the user’s previous interactions with the item or similar items on the online marketplace).
Regarding claim 8, the limitations of claim 5 have been addressed. Tapley and Wong disclosed:
wherein the time and/or location are determined based at least in part on a machine learning algorithm executed by the first electronic device or the second electronic device (Tapley, Paragraph 120, the system determines to notify the user based on the user’s previous interactions with the item or similar items on the online marketplace (i.e., machine learning)).
Regarding claim 9, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the action comprises launching an application on the first electronic device or the second electronic device (Tapley, Figure 5D showing launching of the eBay application).
Regarding claim 10, the limitations of claim 9 have been addressed. Tapley and Wong disclosed:
wherein the application is launched with a launch context comprising an internal screen of the application (Tapley, Figure 6A showing the eBay application with an internal screen showing a history of bids placed and whether the user was outbid or not).
Regarding claim 11, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the action comprises performing a background action (Tapley, Paragraph 60, actions include confirming a bid, payment, or purchase (i.e., background action)).
Regarding claim 12, the limitations of claim 11 have been addressed. Tapley and Wong disclosed:
wherein the background action comprises displaying a news feed of a social media application, displaying a story of a news application, or enabling the user to order an item (Tapley, Paragraph 67, actions can include placing a bid or increasing a bid (i.e., ordering an item) on an item being offered for sale on the marketplace server).
Regarding claim 13, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the shortcut is presented on the user interface at a time and/or location determined based at least in part on the context information (Tapley, Paragraph 60, receiving scheduled alerts based on displaying action items based on a time of day or a geographical location).
Regarding claim 14, the limitations of claim 5 have been addressed. Tapley and Wong disclosed:
wherein the shortcut is presented on the user interface at a time and/or location determined based at least in part on historical information received via a network-centric communication channel different from the peer-to-peer communication channel (Tapley, Paragraph 62, the wearable device and personal computing device communicating through WiFi (i.e., network centric). Paragraph 86, displaying an interest menu (i.e., another shortcut) that is based on input signals such as a user’s behavioral history with respect to one or more websites or online services (i.e., historical information). Input signals also including contextual signals such as user’s location and the current time).
Regarding claim 15, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the presented shortcut data is selected from a plurality of shortcuts based at least in part on a machine learning algorithm (Tapley, Paragraph 120, the system determines to notify the user based on the user’s previous interactions with the item or similar items on the online marketplace (i.e., machine learning). Figure 16 showing a plurality of different notifications that can be displayed).
Regarding claim 18, the limitations of claim 16 have been addressed. Tapley and Wong disclosed:
wherein the shortcut data is received via a peer-to-peer communication channel; (Tapley, Paragraph 164, utilizing a peer to peer network environment to specify actions to be taken by the machine).
Regarding claim 19, the limitations of claim 18, have been addressed. Tapley and Wong disclosed:
wherein the context information is configured to further identify a time, wherein the shortcut is presented on the user interface at a time and/or location determined based at least in part on historical information received via a network-centric communication channel different from the peer-to-peer communication channel (Tapley, Paragraph 60, action items are performed by the wearable device. Action items include receiving scheduled alerts based on a time of day or geographical location. Paragraph 62, the wearable device and personal computing device communicating through WiFi (i.e., network centric). Paragraph 86, displaying an interest menu (i.e., another shortcut) that is based on input signals such as a user’s behavioral history with respect to one or more websites or online services (i.e., historical information). Input signals also including contextual signals such as user’s location and the current time).
Regarding claim 21, the limitations of claim 1 have been addressed. Tapley and Wong disclosed:
wherein the context information from the second electronic device comprises an amount of time the user is engaged with the application on the second electronic device, session data associated with the application on the second electronic device (Tapley, Paragraph 60, scheduled alerts, turn by turn directions, bidding on auction items, finalizing payment, displaying action items based on time of day or geographical location (i.e., all considered session data)), or connection data associated with the application on the second electronic device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven C. Nguyen whose telephone number is (571)270-5663. The examiner can normally be reached M-F 7AM - 3PM and alternatively, through e-mail at Steven.Nguyen2@USPTO.gov.
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/S.C.N/Examiner, Art Unit 2451
/Chris Parry/Supervisory Patent Examiner, Art Unit 2451