Prosecution Insights
Last updated: August 06, 2026
Application No. 18/221,365

SECURE APPLICATION SUGGESTION IN WORKFLOW

Non-Final OA §103
Filed
Jul 12, 2023
Priority
Jul 15, 2022 — provisional 63/368,577
Examiner
LANE, GREGORY A
Art Unit
2438
Tech Center
2400 — Computer Networks
Assignee
Cerby Inc.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
449 granted / 601 resolved
+16.7% vs TC avg
Minimal -0% lift
Without
With
+-0.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
17 currently pending
Career history
621
Total Applications
across all art units

Statute-Specific Performance

§101
13.3%
-26.7% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 601 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/6/2026 has been entered. Claims 1 and 18 are amendedClaims 1, 2, 4-8, 10, 13, 15, 18, and 20-28 are pending Response to Arguments Applicant’s amendment to claims 1 and 18 filed on 3/6/2026 regarding, “and according to a user registry system associated with the user compute device , wherein the set of one or more alternative apps comprises a portion of the subset of the plurality of apps where the use frequency exceeds a pre-determined threshold“, necessitated the new ground(s) of rejection presented in this Office action. Therefore, Applicant's arguments with respect to claims 1-28 have been considered but are moot in view of the new ground(s) of rejection. 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. 1.) Claims 1, 2, 17, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over by IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu In regards to claim 1, Kim teaches a method of providing application software program ("app") usage suggestions, comprising: identifying an in-process selection of an initial app by a user compute device(US 8856950, Kim, col. 30, lines 44-49, Referring to FIG. 14A(b), when attempting to download a first application by accessing an application market, the mobile terminal 100 receives an input of a download command action from a user and is then able to display a window for enabling the user to select a mode to which the first application will be designated.); receiving a completed selection, by the user compute device, for use of the initial app or one of the set of one or more alternative apps(US 8856950, Kim, col. 30, line 57- col. 31, line 3, In particular, when receiving an input of a download command for a second application executable in a private mode only (FIG. 14B(a)), the mobile terminal 100 downloads the second application and is then able to automatically designate the downloaded second application to the private mode (FIG. 14B(b)). Furthermore, if a user selects a zone (B mode similar application) corresponding to information on an application (hereinafter named a similar application of a business mode) executable in the business mode as an application for providing a function similar to that of the second application in FIG. 14B(b), the mobile terminal 100 can provide a market address for providing a similar application of the business mode, address/location information of the similar application of the business mode within a corresponding market and the like.[i.e. note: a user may select between a second application download or a similar application{B mode} download]); and executing, with the processor, the completed selection on the user compute device(US 8856950, Kim, col. 2, lines 45-51, the present invention provides a mobile terminal including a communication unit configured to communicate with at least one external terminal; a memory configured to store at least first and second operating systems including at least first and second modes, respectively; and a controller configured to execute the first operating system,); presenting, on a display of the user compute device, a listing of the set of one or more alternative apps (US 8856950, Kim, col. 30, line 67- col. 31, line 3, 9-13, the mobile terminal 100 can provide a market address[i.e. note: an indication] for providing a similar application of the business mode, address/location information of the similar application of the business mode within a corresponding market and the like…. Referring to FIG. 15A, the mobile terminal 100 displays a list including a plurality of applications and is then able to receive an input of a command for designating at least one of a business mode and a private mode for a plurality of the applications included in the displayed list.); Kim does not teach identifying, with a processor of the user compute device, a set of one or more alternative apps, wherein the set of one or more alternative apps are selected based on: a first estimation of similarity of functionality to the initial app, where the first estimation of similarity of functionality is determined from a correlation analysis of a data structure storing a list of software functions for each of a plurality of apps; and a second estimation of use frequency by other user compute devices performed: on a subset of the plurality of apps output by the first estimation of similarity of functionality to the initial app; and according to a user registry system associated with the user compute device, wherein the set of one or more alternative apps comprises a portion of the subset of the plurality of apps where the use frequency exceeds a pre-determined threshold However, Hu teaches identifying, with a processor of the user compute device, a set of one or more alternative apps, wherein the set of one or more alternative apps are selected based on: a first estimation of similarity of functionality to the initial app, where the first estimation of similarity of functionality is determined from a correlation analysis of a data structure storing a list of software functions for each of a plurality of apps(US 20190243666, Hu, para. 0018, When the control type includes allowing[i.e. note: selecting] a resource for an application, allowing startup of an application, or allowing[i.e. note: selecting] startup of an associated[i.e. note: similar subset application] application of an application, use frequency of an application is in negative correlation to a sorting rank of the application,); and a second estimation of use frequency by other user compute devices(US 20190243666, Hu, para. 0204, A threshold of the aforementioned being frequently used by users[i.e. note: user devices] may be configured based on use frequency of the users and duration of each use.) performed: on a subset of the plurality of apps output by the first estimation of similarity of functionality to the initial app(US 20190243666, Hu, para. 0220, it is assumed that the set of applications that are preferably guaranteed is selected, and the set of applications that are preferably guaranteed includes the subset of key background applications and the subset of applications frequently used by users.) and according to a user registry system associated with the user compute device, wherein the set of one or more alternative apps comprises a portion of the subset of the plurality of apps where the use frequency exceeds a pre-determined threshold(US 20190243666, Hu, para. 0220, the set of applications that are preferably guaranteed includes the subset of key background applications[i.e. note: alternative apps] and the subset of applications frequently used by users. If the currently available resource amount of the system is less than or equal to 50% and greater than 35%[i.e. note: exceeds a minimum threshold], applications in the subset of applications frequently used by users may be sorted based on user use information of the applications,). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kim with the teaching of Hu because a user would have been motivated to use application usage information, taught by Hu, to sort applications used by Kim in order to facilitate enhanced system performance(Hu, para. 0008) In regards to claim 2, the combination of Kim and Hu teach the method of claim 1, wherein the in-process selection is identified based on loading of a subscription web page for the initial app in a browser of the user compute device(US 8856950, Kim, col. 30, lines 22-28, Referring to FIG. 14A and 17A, when downloading a specific application (e.g., a common application) executable in both a business mode and a private mode, the mobile terminal 100 can designate the specific application to at least one of the private mode and the business mode. In the following description, a web server (or a website) for providing applications shall be named an application market. Fig. 17A, where a user registers on a subscription page). - In regards to claim 17, the combination of Kim and Hu teach the method of claim 1, wherein the user compute device identifies the alternative apps which provide similar functionality to the app based on information downloaded from a server(US 8856950, Kim, col. 30, lines 57-67, In particular, when receiving an input of a download command for a second application executable in a private mode only (FIG. 14B(a)), the mobile terminal 100 downloads the second application and is then able to automatically designate the downloaded second application to the private mode (FIG. 14B(b)). Furthermore, if a user selects a zone (B mode similar application) corresponding to information on an application (hereinafter named a similar application of a business mode) executable in the business mode as an application for providing a function similar to that of the second application in FIG. 14B(b),). In regards to claim 18, Kim teaches a hardware-based server for providing application software program ("app") usage suggestions, the hardware-based a server comprising: a memory storing program instructions(US 8856950, Kim, col. 2, lines 45-51, In still another aspect, the present invention provides a mobile terminal including a communication unit configured to communicate with at least one external terminal; a memory configured to store at least first and second operating systems including at least first and second modes, respectively; and a controller configured to execute the first operating system,); anda processor configured to communicate with the memory, and further configured to execute the program instructions(US 8856950, Kim, col. 10, lines 10-12, The software codes can be implemented with a software application written in any suitable programming language and may be stored in memory such as the memory 160, and executed by a controller or processor, such as the controller 180.) to: receive an indication that a user compute device is performing an in-process selection of an initial app (US 8856950, Kim, col. 29, line 62-col. 30, line 1, When executing a specific execution target information[i.e. note: application], if the specific execution target information is not designated to any mode (e.g., the mobile terminal 100 accesses a website and then plays a content provided by the accessed website), the mobile terminal 100 can designate the specific execution target information to a prescribed mode[i.e. note: an indication] in accordance with a user designation command or a corresponding property (1).); transmit, to a display of the user compute device, a listing of the set of one or more alternative apps(US 8856950, Kim, col. 30, line 67- col. 31, line 3, 9-13, the mobile terminal 100 can provide a market address[i.e. note: an indication] for providing a similar application of the business mode, address/location information of the similar application of the business mode within a corresponding market and the like…. Referring to FIG. 15A, the mobile terminal 100 displays a list including a plurality of applications and is then able to receive an input of a command for designating at least one of a business mode and a private mode for a plurality of the applications included in the displayed list.);receive a completed selection, by the user compute device, for use of the initial app or one of the set of one or more alternative apps(US 8856950, Kim, col. 31, lines 14-24, (255) In particular, referring to FIG. 15A(a), the mobile terminal 100 displays a check box P of a private mode and a check box B of a business mode for each of a plurality of the applications. If a user selects the check box P (or the check box B), the mobile terminal 100 designates the corresponding application to the private mode (or the business mode) (i.e., designation of a dedicated application) (1). Alternatively, if a user selects both of the check box P and the check box B, the mobile terminal 100 can designate the corresponding application to the private mode and the business mode in common (i.e., designation of a common application)); andexecute the completed selection on the user compute device(US 8856950, Kim, col. 2, lines 45-51, the present invention provides a mobile terminal including a communication unit configured to communicate with at least one external terminal; a memory configured to store at least first and second operating systems including at least first and second modes, respectively; and a controller configured to execute the first operating system,); Kim does not teach identify a set of one or more alternative apps, wherein the set of one or more alternative apps are selected based on:a first estimation of similarity functionality to the initial app, where the first estimation of similarity of functionality is determined from a correlation analysis of a data structure storing a list of software functions for each of a plurality of apps; anda second estimation of use frequency by other user compute devices performed:on a subset of the plurality of apps output by the first estimation of functionality similarity to the initial app; and according to a user registry system associated with the user compute device , wherein the set of one or more alternative apps comprises a portion of the subset of the plurality of apps where the use frequency exceeds a pre-determined threshold However, Hu teaches identify a set of one or more alternative apps, wherein the set of one or more alternative apps are selected based on:a first estimation, of functionality similarity to the initial app, determined from a correlation analysis of a data structure storing a list of software functions for each of a plurality of apps(US 20190243666, Hu, para. 0018, When the control type includes allowing[i.e. note: selecting] a resource for an application, allowing startup of an application, or allowing[i.e. note: selecting] startup of an associated[i.e. note: similar subset application] application of an application, use frequency of an application is in negative correlation to a sorting rank of the application,); anda second estimation, of use frequency(US 20190243666, Hu, para. 0204, A threshold of the aforementioned being frequently used by users[i.e. note: user devices] may be configured based on use frequency of the users and duration of each use.), performed:on a subset of the plurality of apps output by the first estimation(US 20190243666, Hu, para. 0220, it is assumed that the set of applications that are preferably guaranteed is selected, and the set of applications that are preferably guaranteed includes the subset of key background applications and the subset of applications frequently used by users.) and according to a user registry system associated with the user compute device , wherein the set of one or more alternative apps comprises a portion of the subset of the plurality of apps where the use frequency exceeds a pre-determined threshold(US 20190243666, Hu, para. 0220, the set of applications that are preferably guaranteed includes the subset of key background applications[i.e. note: alternative apps] and the subset of applications frequently used by users. If the currently available resource amount of the system is less than or equal to 50% and greater than 35%[i.e. note: exceeds a minimum threshold], applications in the subset of applications frequently used by users may be sorted based on user use information of the applications,);. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kim with the teaching of Hu because a user would have been motivated to use application usage information, taught by Hu, to sort applications used by Kim in order to facilitate enhanced system performance(Hu, para. 0008) In regards to claim 21, the combination of Kim and Hu teach the hardware-based server of claim 18, wherein the in-process selection is identified based on loading of a subscription web page for the initial app in a browser of the user compute device(US 8856950, Kim, col. 30, lines 22-28, Referring to FIG. 14A and 17A, when downloading a specific application (e.g., a common application) executable in both a business mode and a private mode, the mobile terminal 100 can designate the specific application to at least one of the private mode and the business mode. In the following description, a web server (or a website) for providing applications shall be named an application market. Fig. 17A, where a user registers on a subscription page). 2.) Claims 4, 5 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20120216133, Barker and further in view of US 20110010244, Hatridge In regards to claim 4, the combination of Kim and Hu teach the method of claim 2. The combination of Kim and Hu do not teach wherein a plug-in for the browser detects the loading of the subscription web page; by examining page content of loaded pages; andidentifies the initial app based on the loading of the subscription web page for the initial app. However, Barker teaches wherein a plug-in for the browser detects the loading of the subscription web page; by examining page content of loaded pages (US 20120216133, Barker, para. 0018. When the Plugin detects events triggered by the code in pages loaded to the browser or the browser's own functions that correspond to controlled functions, those functions and optionally (in the case of an event triggered by page code loaded),); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kim with the teaching of Barker because a user would have been motivated to use Kims’ application mode characterization with a plugin restricted access control, taught by Barker, in order to allow multiple users to have monitored, restricted and controlled access to protected resources(Barker, para. 0014); and the combination of Kim, Hu and Barker do not teach identifies the initial app based on the loading of the subscription web page for the initial app However, Hatridge teaches identifies the initial app based on the loading of the subscription web page for the initial app(US 20110010244, Hatridge, para. 0045, The suggested content may include, for example, user interface themes, available applications, available plugins or extensions to already installed applications, website content, or advertisements, including those displayed on a website.[i.e. note: where plugins for already installed applications implicitly identify the loaded application]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu and Barker with the teaching of Hatridge because a user would have been motivated to establish modes of operation for a user’s mobile device, taught by Kim, in order to match software for the user’s desired categories of interest, taught by Hatridge, thereby enabling a user to unlock and download the desired software application(Hatridge, para. 0006) In regards to claim 5, the combination of Kim, Hu and Barker teach the method of claim 4, wherein the plug-in for the browser detects loading of the subscription web page by examining the page content of the loaded pages for log-in fields(US 20120216133, Barker, para. 0018, As a method for accessing a protected resource, one embodiment includes at least: receiving a login request from a user for access to an authentication intermediary server; authenticating the user at the authentication server and downloading user profile data to a module, such as a browser Plugin, to enable the Plugin to access one or more protected resources and to do at least one of: supervise, deny and control the use of individual functions on the protected resource and/or in the browser's own functions (generally referred to here as "controlled functions"); subsequently the user's browser page loads, and resource requests are matched to data in the Plugin user profile.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu and Hatridge with the teaching of Barker because a user would have been motivated to use Kims’ application mode characterization with a plugin restricted access control, taught by Barker, in order to allow multiple users to have monitored, restricted and controlled access to protected resources(Barker, para. 0014) In regards to claim 23, the combination of Kim, Hu and Barker teach the hardware-based server of claim 22, wherein the plug-in for the browser detects identifies the initial app: by examining the page content of the loaded pages for log-in fields(US 20120216133, Barker, para. 0018, As a method for accessing a protected resource, one embodiment includes at least: receiving a login request from a user for access to an authentication intermediary server; authenticating the user at the authentication server and downloading user profile data to a module, such as a browser Plugin, to enable the Plugin to access one or more protected resources and to do at least one of: supervise, deny and control the use of individual functions on the protected resource and/or in the browser's own functions (generally referred to here as "controlled functions"); subsequently the user's browser page loads, and resource requests are matched to data in the Plugin user profile.); the combination of Kim, Hu, and Barker do not teach based on the loading of the subscription web page for the initial app However, Hatridge teaches based on the loading of the subscription web page for the initial app (US 20110010244, Hatridge, para. 0045, The suggested content may include, for example, user interface themes, available applications, available plugins or extensions to already installed applications, website content, or advertisements, including those displayed on a website.[i.e. note: where plugins for already installed applications implicitly identify the loaded application]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu, Barker with the teaching of Hatridge because a user would have been motivated to establish modes of operation for a user’s mobile device, taught by Kim, in order to match software for the user’s desired categories of interest, taught by Hatridge, thereby enabling a user to unlock and download the desired software application(Hatridge, para. 0006). 3.) Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 10684839, Shuster In regards to claim 6, the combination of Kim and Hu teach the method of claim 2. The combination of Kim and Barker do not teach wherein a plug-in for the browser identifies the initial app based on scan of a title of a loaded subscription page However, Shuster teaches wherein a plug-in for the browser identifies the initial app based on scan of a title of a loaded subscription page (US 10684839, Shuster, col. 3, lines 53-59, The plugin can determine if program code for software (e.g., as distinguished from the website code itself or the program code for the plugin) is hosted (e.g., shared) on the website. In some examples, the plugin can analyze the website code, the website content 106, one or more characteristics of the website itself (e.g., the URL for the website or a title of the website)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim and Hu with the teaching of Shuster because a user would have been motivated to use the plugin, taught by Shuster, to analyze program code operations to designate an application mode, taught by Kim, in order assign certain users to specific application modes(Shuster, col. 1, lines 45-60) 4.) Claims 7 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20210334375, Hu (Hereinafter, Hu II) In regards to claim 7, the combination of Kim and Hu teach the method of claim 1. The combination of Kim and Hu do not teach wherein the plurality of apps comprise service as a software (SaaS) applications being selected from by a business entity; andboth the user registry system and the user compute device are associated with the business entity However, Hu II teaches wherein the plurality of apps comprise service as a software (SaaS) applications being selected from by a business entity(US 20210334375, Hu II, para. 0056, Once the user has been authenticated, communication may occur directly between the identified browser and the selected SaaS application 308, thus allowing the user 324 to use the client device 350 to access the selected SaaS application 308); andboth the user registry system and the user compute device are associated with the business entity (US 20210334375, Hu II, fig. 3, where a client device and identity provider[i.e. note: registry] is associated with a cloud computing environment[i.e. note: business]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kim with the teaching of Hu II because a user would have been motivated to establish modes of operation for a user’s mobile device, taught by Kim, to determine previous malicious events, taught by Hu II, in order to determine potentially current malicious activities in the system taught by the combination of Kim and Hu(Hu II, para. 0005) In regards to claim 25, the combination of Kim and Hu teach the hardware-based server of claim 18. The combination of Kim and Hu do not teach wherein: the plurality of apps comprise service as a software (SaaS) applications being selected from by a business entity; and both the user registry system and the user compute device are associated with the business entity However, Hu II teaches wherein: the plurality of apps comprise service as a software (SaaS) applications being selected from by a business entity(US 20210334375, Hu II, para. 0056, Once the user has been authenticated, communication may occur directly between the identified browser and the selected SaaS application 308, thus allowing the user 324 to use the client device 350 to access the selected SaaS application 308); and both the user registry system and the user compute device are associated with the business entity(US 20210334375, Hu II, fig. 3, where a client device and identity provider[i.e. note: registry] is associated with a cloud computing environment[i.e. note: business]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim and Hu with the teaching of Hu II because a user would have been motivated to establish modes of operation for a user’s mobile device, taught by Kim, to determine previous malicious events, taught by Hu II, in order to determine potentially current malicious activities in the system taught by the combination of Kim and Hu(Hu II, para. 0005). 5.) Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20210334375, Hu and further in view of US 20200089898, Borkar In regards to claim 8, the combination of Kim, Hu and Hu II teach the method of claim 7. The combination of Kim and Eggleston do not teach wherein the user compute device includes a network monitoring software agent that monitors for user selection of apps; and the user selection of apps is utilized in the second estimation. However, combination of Kim, Hu and Hu II do not teach wherein the user compute device includes a network monitoring software agent that monitors for user selection of apps; and the user selection of apps is utilized in the second estimation However, Borkar teaches wherein the user compute device includes a network monitoring software agent that monitors for user selection of apps (US 20200089898, Borkar, para. 0093, The cloud services agent 414 can include and/or operate as an application store (or storefront) for user selection and/or downloading of network applications.); and the user selection of apps is utilized in the second estimation (US 20200089898, Borkar, para. 0041, When the content from the web service is unencrypted in the CEB to the viewed via the embedded browser, and/or when input is entered via the CEB, the CEB can provide added services on selective application-related information for control and analytics for instance.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu and Hu II with the teaching of Borker because a user would have been motivated to assign the dual mode security application, taught by Borker, to the multiple mode application, taught by Kim, in order control which application has access to data resources(Borker, para. 0047) 6.) Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20160321452, Richardson In regards to claim 10, the combination of Kim and Hu teach the method of claim 1. The combination of Kim and Hu do not teach further comprising sending a message, by the user compute device, to a server indicating the completed selection However, Richardson teaches further comprising sending a message, by the user compute device, to a server indicating the completed selection (US 20160321452, Richardson, para. 0039, sending, by the first computing device to a second computing device (e.g., a side-load server), at least one message comprising the first source identifier and a first application identifier for the first application.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim and Hu with the teaching of Richardson because a user would have been motivated to assign the trustworthiness of an application, taught by Richardson, to the multiple mode application, taught by Kim, in order control which application may be downloaded(Richardson, para. 0038) 7.) Claims 13 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20080096485, Tobe In regards to claim 13, the combination of Kim and Hu teach the method of claim 1. The combination of Kim and Hu do not teach wherein the second estimation is performed based on at least one, of a server, an identity processing systems, or supply chain management system However, Tobe teaches wherein the second estimation is performed based on at least one, of a server, an identity processing systems, or supply chain management system (US 20080096485, Tobe, para. 0030 and 0042: [0030]- wherein the storage unit stores application correlation information to indicate a correlation between one application and an application functionally similar to the one application,[0042]- The mobile equipment 100 is connected through base station 201 to a mobile communication network. The mobile equipment 100 can communicate with server 200 via this mobile communication network and this server 200 can acquire information of portable information processing terminal 300 through mobile equipment 100 in such a manner that the mobile equipment 100 communicates with the portable information processing terminal 300, using short-range wireless communication, e.g., Bluetooth.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim and Hu with the teaching of Tobe because a user would have been motivated to manage short range wireless communication by an application, taught by Kim, in order to prevent communication connection failure, taught by Tobe(Tobe, para. 0016) In regards to claim 27, the combination of Kim and Hu teach the hardware-based server of claim 18. The combination of Kim and Hu do not teach wherein the second estimation is performed based on at least one of an identity processing system or a supply chain management system However, Tobe teaches wherein the second estimation is performed based on at least one of an identity processing system or a supply chain management system (US 20080096485, Tobe, para. 0030 and 0042: [0030]- wherein the storage unit stores application correlation information to indicate a correlation between one application and an application functionally similar to the one application,[0042]- The mobile equipment 100 is connected through base station 201 to a mobile communication network. The mobile equipment 100 can communicate with server 200 via this mobile communication network and this server 200 can acquire information of portable information processing terminal 300 through mobile equipment 100 in such a manner that the mobile equipment 100 communicates with the portable information processing terminal 300, using short-range wireless communication, e.g., Bluetooth.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu with the teaching of Tobe because a user would have been motivated to manage short range wireless communication by an application, taught by Kim, in order to prevent communication connection failure, taught by Tobe(Tobe, para. 0016). 8.) Claims 15 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20150127774, Hitomi and further in view of US 11074322, Babu In regards to claim 15, the combination of Kim and Hu teach the method of claim 1. The combination of Kim and Hu do not teach wherein:the data structure further comprises access requirements for each of the plurality of apps; the access requirements for a given app of the plurality of apps includes a number of subscriptions remaining for the given app; However, Hitomi teaches the access requirements for a given app of the plurality of apps includes a number of subscriptions remaining for the given app (US 20150127774, Hitomi, para. 0211, Once the number of remaining seats for the requested license has been calculated, the local portal can determine whether or not the requested application can be launched. If there are no available license seats, then the launch process fails.); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Tobe and Martinez with the teaching of Hitomi because a user would have been motivated to remotely provision and provide immediate executable applications, taught by Hitomi, in order to provide instant gratification for users of software applications taught by the combination of Kim,Tobe and Martinez(Hitomi, para. 0285); and the combination of Kim and Hu do not teach the given app is rejected from the subset of the plurality of apps when the number of subscriptions remaining does not exceed a certain threshold However, Babu teaches the given app is rejected from the subset of the plurality of apps when the number of subscriptions remaining does not exceed a certain threshold (US 11074322, Babu, col. 7, lines 24-31, If the application requests 50 license tokens, for example, local license manager 17A determines, based on the comparison of the number of tokens requested from an application and the computed threshold, that network device 16A currently has a sufficient number of locally available tokens to satisfy the license token request without needing to request additional tokens from license server 14.[i.e. note: the number of additional tokens to acquire applications is rejected since the threshold has not been exceeded]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim ,Hu and Hitomi with the teaching of Babu because a user would have been motivated to manage application licenses, taught by Babu, in order to meet the capacity requirements requested by network devices taught by the combination of Kim, Hu and Hitomi(Babu, col. 1, line 63- col. 2, line 22) In regards 28, the combination of Kim and Hu teach the hardware-based server of claim 18, wherein: the data structure further comprises access requirements for each of the plurality of apps(US 20150127774, Hitomi, para. 0211, Once the number of remaining seats for the requested license has been calculated, the local portal can determine whether or not the requested application can be launched. If there are no available license seats, then the launch process fails.); the access requirements for a given app of the plurality of apps includes a number of subscriptions remaining for the given app(US 20150127774, Hitomi, para. 0211, Once the number of remaining seats for the requested license has been calculated, the local portal can determine whether or not the requested application can be launched. If there are no available license seats, then the launch process fails.); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Tobe and Martinez with the teaching of Hitomi because a user would have been motivated to remotely provision and provide immediate executable applications, taught by Hitomi, in order to provide instant gratification for users of software applications taught by the combination of Kim,Tobe and Martinez(Hitomi, para. 0285); and the combination of Kim, Hu and Hitomi do not teach the given app is rejected from the subset of the plurality of apps when the number of subscriptions remaining does not exceed a certain threshold However, Babu teaches the given app is rejected from the subset of the plurality of apps when the number of subscriptions remaining does not exceed a certain threshold(US 11074322, Babu, col. 7, lines 24-31, If the application requests 50 license tokens, for example, local license manager 17A determines, based on the comparison of the number of tokens requested from an application and the computed threshold, that network device 16A currently has a sufficient number of locally available tokens to satisfy the license token request without needing to request additional tokens from license server 14.[i.e. note: the number of additional tokens to acquire applications is rejected since the threshold has not been exceeded]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim ,Hu and Hitomi with the teaching of Babu because a user would have been motivated to manage application licenses, taught by Babu, in order to meet the capacity requirements requested by network devices taught by the combination of Kim, Hu and Hitomi(Babu, col. 1, line 63- col. 2, line 22);. 9.) Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20140165216, Kwag In regards to claim 20, the combination of Kim and Hu teach the hardware-based server of claim 18. The combination of Kim and Hu do not teach wherein the processor is further configured to execute the program instructions to perform the second estimation by prioritizing the subset of the plurality of apps based on at least one of a current domain, permissions of a user for the user compute device, and a team membership of the user of the user compute device However, Kwag teaches the hardware-based server of claim 18. Kim does not teach wherein the processor is further configured to execute the program instructions to perform the second estimation by prioritizing the subset of the plurality of apps based on at least one of a current domain, permissions of a user for the user compute device, and a team membership of the user of the user compute device (US 20140165216, Kwag, para. 0012, determining, when the access permission level allows for access from the secure mode domain, a priority of the application,). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim and Hu with the teaching of Kwag because a user would have been motivated to assign the non-secure mode domain application and a secure mode area application, taught by Kwag, to the multi-mode application taught by Kim in order to determine a permission level and application priority(Kwag, para. 0012)10.) Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20120216133, Barker In regards to claim 22, the combination of Kim and Hu teach the hardware-based server of claim 21. The combination of Kim and Hu do not teach wherein a plug-in for the browser detects loading of the subscription web page by examining page content of loaded pages However, Barker teaches wherein a plug-in for the browser detects loading of the subscription web page by examining page content of loaded pages(US 20120216133, Barker, para. 0018. When the Plugin detects events triggered by the code in pages loaded to the browser or the browser's own functions that correspond to controlled functions, those functions and optionally (in the case of an event triggered by page code loaded),). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kim with the teaching of Barker because a user would have been motivated to use Kims’ application mode characterization with a plugin restricted access control, taught by Barker, in order to allow multiple users to have monitored, restricted and controlled access to protected resources(Barker, para. 0014) 11.) Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20120216133, Barker and further in view of US 10684839, Shuster In regards to claim 24, the combination of Kim, Hu, and Barker teach the hardware-based server of claim 22. The combination of Kim, Hu, and Barker do not teach wherein the plug-in for the browser identifies the initial app based on a scan of a title of a loaded subscription page However, Shuster teaches wherein the plug-in for the browser identifies the initial app based on a scan of a title of a loaded subscription page (US 10684839, Shuster, col. 3, lines 53-59, The plugin can determine if program code for software (e.g., as distinguished from the website code itself or the program code for the plugin) is hosted (e.g., shared) on the website. In some examples, the plugin can analyze the website code, the website content 106, one or more characteristics of the website itself (e.g., the URL for the website or a title of the website)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu and Barker with the teaching of Shuster because a user would have been motivated to use the plugin, taught by Shuster, to analyze program code operations to designate an application mode, taught by Kim, in order assign certain users to specific application modes(Shuster, col. 1, lines 45-60). 12.) Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over IDS supplied reference US 8856950, Kim in view of US 20190243666, Hu and further in view of US 20200089898, Borkar In regards to claim 26, the combination of Kim and Hu teach the hardware-based server of claim 18. The combination of Kim and Hu do not teach wherein: the user compute device includes a network monitoring software agent that monitors for user selection of apps; and the user selection of apps is utilized in the second estimation However, Borkar teaches wherein: the user compute device includes a network monitoring software agent that monitors for user selection of apps(US 20200089898, Borkar, para. 0093, The cloud services agent 414 can include and/or operate as an application store (or storefront) for user selection and/or downloading of network applications.); and the user selection of apps is utilized in the second estimation(US 20200089898, Borkar, para. 0041, When the content from the web service is unencrypted in the CEB to the viewed via the embedded browser, and/or when input is entered via the CEB, the CEB can provide added services on selective application-related information for control and analytics for instance.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Kim, Hu and Hu with the teaching of Borker because a user would have been motivated to assign the dual mode security application, taught by Borker, to the multiple mode application, taught by Kim, in order control which application has access to data resources(Borker, para. 0047). CONCLUSION Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LANE whose telephone number is (571)270-7469. The examiner can normally be reached on 571 270 7469 from 8:00 AM to 6:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Taghi Arani, can be reached on 571 272 3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /GREGORY A LANE/Examiner, Art Unit 2438 /TAGHI T ARANI/Supervisory Patent Examiner, Art Unit 2438
Read full office action

Prosecution Timeline

Jul 12, 2023
Application Filed
Apr 25, 2025
Non-Final Rejection mailed — §103
Jul 25, 2025
Response Filed
Nov 06, 2025
Final Rejection mailed — §103
Mar 06, 2026
Request for Continued Examination
Mar 17, 2026
Response after Non-Final Action
Jul 21, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12701409
SECURE COMMUNICATION OF BROADCAST INFORMATION RELATED TO CELL ACCESS
5y 4m to grant Granted Aug 04, 2026
Patent 12683797
CONDITIONAL AUTHENTICATION ACCESS CONTROL METHOD
2y 10m to grant Granted Jul 14, 2026
Patent 12671716
Machine learning to determine command and control sites
5y 0m to grant Granted Jun 30, 2026
Patent 12664315
Managing Privilege Delegation on a Server Device
4y 1m to grant Granted Jun 23, 2026
Patent 12652291
DETECTING DATA TRAFFIC ANOMALIES IN INTERNET OF THINGS (IOT) DEVICES WITH UNSUPERVISED ISOLATION FOREST (IFOREST) MODEL
2y 11m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
74%
With Interview (-0.2%)
3y 4m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 601 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month