Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 31-46 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 31-46 have been considered but are moot because the new ground of rejection does not rely on the combinations of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 31-46 are rejected under 35 U.S.C. 103 as being unpatentable by Pattan (US 2019/0273773, hereinafter Pattan) and in view of Popkin (US 2006/0224687) and in view of Sim (US 2002/0078174).
Re Claim 31, Pattan discloses a method for handling non-mandatory download procedure for File Distribution (FD) over a media plane in a Mission Critical Data (MCData) network, wherein the method comprises ([0341]-[0345], mission critical data communication system communicates using media plane. MCData provides file distribution):
receiving, by a MCData server, a MCData FD request comprising a non-mandatory download indication for a file download from an originating MCData client device ([0300], the file distribution can be selected with sender’s preference as mandatory download or download at receiver’s discretion);
determining, by the MCData server, whether at least one of auto-receive configuration is enabled for the file download at the MCData server and a file download criteria is met ([0386], MCData user has requested for auto reception at the recipient side); and
performing, by the MCData server, one of operations based on a result of the determination ([0386], MCData user has requested for auto reception at the recipient side and will automatically start streaming data).
Pattan does not disclose, however Popkin discloses storing, by the MCData server, the MCData FD request and a corresponding file for delivery to unavailable users ([0008]-[0010], cooperative file distribution employs storage proxies to allow offline receivers to obtain files. The central tracker identifies a transfer from the sender to the receiver. The proxy service identifies one or more storage proxies that can store the file while the receiver is unavailable to receive the file). Pattan and Popkin are analogous art because they disclose transferring files.
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Pattan' s file transmission system with Popkin's file transmission which includes storing the file at a proxy storage. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the users download files at another time when the user is available and ready to receive the file.
Pattan and Popkin does not disclose, however Sim discloses storing, by the MCData server, the MCData FD request and a corresponding file for delivery in response to network congestion (abstract, [0003], [0005] large files are portioned and distributed in local storage devices in order to distribute small amounts of information to avoid large impact on the network traffic, network congestion). Pattan, Popkin, and Sim are analogous art because they disclose distribution files.
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Pattan and Popkins's file distribution system with Sim's file distribution which includes partitioning the files in different local storage to minimize large impact on network traffic. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to minimize network congestion.
Re Claim 32, Pattan discloses in response to determining that the auto-receive configuration is not enabled and the file download criteria is met, receiving user consent for the file download from at least one terminating MCData client device of a plurality of the terminating MCData client devices ([0311], MCDada client downloads the file either automatically or based upon the MCData user’s subsequent acceptance); and
sending a MCData FD response to the originating MCData client device based on the received user consent from the at least one terminating MCData client device, wherein the user consent indicates one of MCData user accepted the request for the file download, the MCData user declined the request for the file download, and the MCData user deferred the request for the file download ([0309], MCData user of the second MCData UE provides a response (accept or reject) or not (ignore) to the notification to the first MCData),
and the MCData user deferred the request for the file download ([0300], download option at receivers discretion, the receiver can defer retrieval receiving it).
Re Claim 33, Pattan discloses in response to determining that the auto-receive configuration is enabled and the file download criteria is met, converting the non-mandatory download indication to a mandatory download indication ([0309], The second MCData UE 102b automatically sends accepted MCData FD response when the incoming request included mandatory download indication.);
sending a MCData FD request comprising the mandatory download to at least one terminating MCData client device of the plurality of the terminating MCData client devices (fig. 10, step 1010, MCData FD request towards the second mcData UE); and
sending a MCData FD response to the originating MCData client device based on the received user consent from the at least one terminating MCData client device, wherein the user consent indicates MCData user accepted the request for the file download (fig. 10, step 1014-1016, second MCData US sends response to the incoming request).
Re Claim 34, Pattan discloses in response to determining that the file download criteria is not met irrespective of the auto-receive configuration is enabled or disabled, sending a MCData FD response to the originating MCData client device ([0301],-[0303], pre-conditions for sending file to the second MCData to determine if they are already registered for receiving MCData service. fig. 10, step 1014-1016, MCData FD response to the first MCData);
receiving the file distributed over the media plane from the originating MCData client device ([0121], MCData server provides communication through media plane); and
storing the file for later deliver as the file download criteria for at least one terminating MCData client device of the plurality of at least one terminating MCData client devices is not met ([0300], the receive can retrieve immediate or defer retrieval. The file to be distributed is uploaded to media storage function on MCData server 104.).
Re Claim 35, Pattan discloses wherein receiving the user consent for the file download from at least one terminating MCData client device from the plurality of the terminating MCData client devices comprises one of:
a. sending, by the MCData server, the MCData FD request comprising the non-mandatory download indication for the file download to the at least one terminating MCData client device of the plurality of the terminating MCData client devices, and receiving by the MCData server a MCData FD response comprising the user consent from the at least one terminating MCData client device of the plurality of the terminating MCData client devices ([fig. 10, [0304-[0309], first MCData UE sends request towards the MCData server to second MCData UE which may contain mandatory download. If it is mandatory, an accepted response is assumed. However, second MCData UE may provide a response or not to the notification and sends the response back to the first MCData UE) ; and
b. sending, by the MCData server, the MCData FD request comprising the non-mandatory download indication for the file download to the at least one terminating MCData client device of the plurality of the terminating MCData client devices, receiving by the MCData server a MCData FD response from the at least one terminating MCData client device of the plurality of the terminating MCData client devices, and receiving by the MCData server a FD disposition notification comprising the user consent from the at least one terminating MCData client device of the plurality of the terminating MCData client devices.
Re Claim 36, Pattan discloses wherein sending the MCData FD response to the originating MCData client device based on the user consent comprises one of:
a. sending, by the MCData server, the MCData FD response comprising the received user consent from the at least one terminating MCData client device to the originating MCData client device ([fig. 10, [0304-[0309], first MCData UE sends request towards the MCData server to second MCData UE which may contain mandatory download. If it is mandatory, an accepted response is assumed. However, second MCData UE may provide a response or not to the notification and sends the response back to the first MCData UE); and
b. determining, by the MCData server, that the received consent indicates that the MCData user of the at least one terminating MCData client device of the plurality of terminating MCData client devices accepts the request for the file download, sending by the MCData server the MCData FD response indicating that the MCData user of the at least one terminating MCData client device of the plurality of terminating MCData client devices accepts the request for the file download, and sending by the MCData server a FD disposition notification to the originating MCData client device, wherein the FD disposition notification comprising information about the at least one terminating MCData client device of the plurality of terminating MCData client devices and the corresponding received consent for the file download.
Re Claim 37, Pattan discloses receiving, by the MCData server, the file distributed over the media plane from the originating MCData client device ([0121], MCData server provides communication through media plane);
determining, by the MCData server, terminating MCData client devices of the plurality of MCData client devices for which the received user consent indicates that MCData user accepted the request for the file download (fig. 11, [0319]-[0320], MCData server receives response from the second MCData UE to accept the notification for download); and
sending, by the MCData server, the file distributed over the media plane to the terminating MCData client devices for which the received user consent indicates that MCData user accepted the request for the file download (fig. 11, [0324], MCData server distributes the file received from first MCData UE).
Re Claim 38, Pattan discloses receiving, by the MCData server, a MCData download completed report from the at least one terminating MCData client device (fig. 11, step 1122, [0325]-[0327], MCData server receives MCData download complete report for reporting file download completed); and
sending, by the MCData server, the MCData download completed report to the originating MCData client device (fig. 11, step 1124, [0325]-[0327], MCData server sends MCData download complete report for reporting file download completed to first MCData UE).
Re Claim 39, Pattan discloses receiving, by the MCData server, the file distributed over the media plane from the originating MCData client device ([0121], MCData server provides communication through media plane);
determining, by the MCData server, terminating MCData client devices of the plurality of MCData client devices for which the received user consent indicates that MCData user deferred the request for the file download ([0300], receive can defer retrieval);
storing, by the MCData server, the file for later deliver for the terminating MCData client devices for which the received user consent indicates that MCData user deferred the request for the file download ([0302], The file to be distributed is uploaded to media storage function on MCData server 104);
receiving, by the MCData server, a deferred FD list request from the terminating MCData client devices ([0300], MCData file distribution from the MCData server can receive the MCData FD response from second MCData UE for deferred retrieval) ;
sending, by the MCData server, a deferred FD list response to the terminating MCData client devices ([0300], MCData file distribution from the MCData server can receive the MCData FD response from second MCData UE for deferred retrieval. [0310], step 1016, MCData server forwards the MCData FD response to the first MCDaTa UE.);
receiving, by the MCData server, a file download request from the terminating MCData client devices (Fig. 11, step 1118, [0323], first MCData UE distributes the file over the media plane to MCData server) ; and
sending, by the MCData server, a file download response to the terminating MCData client devices (Fig. 11, step 1120, [0324], MCData server distributes the file received from the first MCData UE to the second MCData UE).
Re Claim 40, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Cho for the same reasons identified in the rejection of claim 31. In addition, Popkin discloses wherein the storing of MCDada FD request and the responding file comprises storing of the MCData FD request and subsequently storing the corresponding file for delivery to unavailable users or in response to network congestion ([0008]-[0010], cooperative file distribution employs storage proxies to allow offline receivers to obtain files. The central tracker identifies a transfer from the sender to the receiver. The proxy service identifies one or more storage proxies that can store the file while the receiver is unavailable to receive the file).
Re Claims 41-44, they are similar to claims 31-34 and therefore are rejected for the same reasons above.
Re Claim 45, Pattan discloses a method for handling non-mandatory download procedure for File Distribution (FD) over a media plane in a Mission Critical Data (MCData) network (1000), wherein the method comprises:
receiving, by at least one terminating MCData client device of the plurality of the terminating MCData client devices (300), a MCData FD request comprising an non-mandatory download indication for file download from a MCData server (200) ([fig. 10, [0304-[0309], first MCData UE sends request towards the MCData server to second MCData UE which may contain mandatory download. If it is mandatory, an accepted response is assumed. However, second MCData UE may provide a response or not to the notification and sends the response back to the first MCData UE);
generating, by the at least one terminating MCData client device, a user consent for the file download, wherein the user consent indicates one of MCData user accepted the request for the file download, the MCData user declined the request for the file download, and the MCData user deferred the request for the file download (fig. 11, [0319]-[0320], MCData server receives response from the second MCData UE to accept the notification for download); and
performing, by the at least one terminating MCData client device, one of sending a MCData FD response comprising the user consent to the MCData server (200), or sending a MCData FD response to the MCData server (200) and sending a FD disposition notification comprising the user consent to the MCData server (200) (fig. 11, [0319]-[0320], MCData server receives response from the second MCData UE to accept the notification for download).
Pattan does not disclose, however Popkin discloses storing, by the MCData server, the MCData FD request and a corresponding file for delivery to unavailable users ([0008]-[0010], cooperative file distribution employs storage proxies to allow offline receivers to obtain files. The central tracker identifies a transfer from the sender to the receiver. The proxy service identifies one or more storage proxies that can store the file while the receiver is unavailable to receive the file). Pattan and Popkin are analogous art because they disclose transferring files.
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Pattan' s file transmission system with Popkin's file transmission which includes storing the file at a proxy storage. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the users download files at another time when the user is available and ready to receive the file.
Re Claim 46, it is similar to claim 45 and therefore is rejected for the same reasons above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HO T SHIU whose telephone number is (571)270-3810. The examiner can normally be reached Mon-Fri (9:00am - 5:00pm).
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/HO T SHIU/Examiner, Art Unit 2443
HO T. SHIU
Examiner
Art Unit 2443
/NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443
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