DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
Claims 1(method), 33 (terminal) are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1(method), 5 (terminal) of U.S. Patent No. 10853028 in view of Wang et al. (Wang) EP 2838246 A1
18300977 (Present Application)
10853028 (Parent Patent)
1.A method, comprising:
receiving, by a terminal when a display screen of the terminal is in a locked state, a first operation from a user, wherein personal information stored in the terminal is protected in the locked state;
starting a voice service application in response to the first operation;
receiving a voice instruction that is associated with contact information stored in the terminal, wherein the contact information is associated with a remote device;
dialing the remote device in response to the voice instruction;
and
preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state both while dialing the remote device and during a call with the remote device.
Claim 33, similar to claim 1
1. A method, implemented by a terminal with a display screen, the method comprising: receiving a first operation from a user via a physical volume button of the terminal being held down;
starting a voice service application in response to determining that the physical volume button of the terminal is held down for a time greater than a preset threshold time, wherein the voice service application comprises a background recording function; prompting the user to input a voice instruction after the voice service application is started by vibrating the terminal or playing an alert tone;
receiving the voice instruction; processing the voice instruction using the voice service application to obtain a command; acquiring a number of a remote device associated with the command, wherein the remote device is a device last called by the terminal;
dialing the number of the remote device; performing the background recording function only after starting the voice service application; and stopping the background recording function after providing a call with the remote device.
Claim 5, similar to claim 1
Claim 33 recite similar limitations as claim 5 of 10853028 and is likewise rejected which are both similar to their corresponding claim 1.
Although the claims at issue are not identical, they are not patentably distinct from each other because: Wang disclose receiving, by a terminal when a display screen of the terminal is in a locked state, a first operation from a user, wherein personal information stored in the terminal is protected in the locked state; and preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state both while dialing the remote device and during a call with the remote device. (Fig. 3.Fig. 4, ([0018]-[0023][0040]-0054][0055]-[0064] receiving user input when the screen is in a locked state and the information stored is prevented from accessing and dial the number and establish a link and made the phone calls when the lock screen is maintained, and to maintain the function of the lock screen to prevent other operations which inherently disclose to prevent accessing the information stored which is an operation) It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to put the lock screen of Wang to 10853028’s invention as they are related to the same field endeavor of method of applications of mobile phone. The motivation to combine these arts, as proposed above, at least because Nelson’s locking screen would help to provide more protection to 10853028’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that locking screen would help to protect the user information on the mobile device.
Claims 1(methodl), 33 (terminal) are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6(method), 1 (terminal) of U.S. Patent No. 11656843.
18300977 (Present Application)
11656843 (Parent Patent)
1.A method, comprising:
receiving, by a terminal when a display screen of the terminal is in a locked state, a first operation from a user, wherein personal information stored in the terminal is protected in the locked state;
starting a voice service application in response to the first operation;
receiving a voice instruction that is associated with contact information stored in the terminal, wherein the contact information is associated with a remote device;
dialing the remote device in response to the voice instruction;
and
preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state both while dialing the remote device and during a call with the remote device.
Claim 33, similar to claim 1
6. A method of starting a voice service application on a terminal with a display screen, comprising:
receiving, by the terminal when the display screen is in a locked state and in a screen-on state, a first operation from a user via a physical button of the terminal being held down, wherein the locked state protects personal information in the terminal by a secure lock, and wherein the screen-on state comprises the display screen being powered-on;
starting the voice service application when a trigger time of the physical button being held down is greater than a preset threshold; providing a vibration prompting the user to input a voice instruction;
receiving, by the terminal when the display screen is in the screen-on state, the voice instruction, wherein the voice instruction comprises information associated with contact information stored in the terminal;
hiding a lock screen interface and
automatically dialing a remote device associated with the contact information while the display screen is in the locked state, wherein the lock screen interface locks the display screen when the display screen is in the screen-on state; displaying the contact information on the display screen while the display screen continues to be in the locked state; keeping the display screen in the locked state during a call with the remote device; displaying the lock screen interface to indicate that the display screen is in the locked state after ending the call to the remote device; and
preventing the user from accessing personal information stored on the terminal by maintaining the display screen in the locked state while automatically dialing the remote device, while displaying the contact information, during the call with the remote device, and while displaying the lock screen interface.
Claim 1 similar to claim 6
Claim 33 recite similar limitations as claim 1 of 11656843 and is likewise rejected which are both similar to their corresponding claim 1 and claim 6.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 6 of the patent 11656843 is narrower than and includes all of the features of claim 1 of the present application.
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 21-22, 25-29, 31-35, 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson Aguilar “How to Bypass an iPhine’s Lock Screen Using Siri in iOS 7.02 to Send Messages (youtube) 10/1/2013 in view of Wang et al. (Wang) EP 2838246 A1
In regard to claim 1, Nelson disclose A method, (the method of accessing an iphone) comprising:
receiving, by a terminal when a display screen of the terminal is in a locked state, a first operation from a user, (press the button under the touch screen by a user while displaying the lock screen, the display screen is in a locked state, see youtube at 0:35/2:09) wherein personal information stored in the terminal is protected in the locked state; (the screen is locked and information is protected on the iphone and the screen is on, see youtube at 0:35-0:40/2:09)
starting a voice service application in response to the first operation; (start a voice service when the button is pressed down, see youtube at 0:35-0:40/2:09)
receiving a voice instruction that is associated with contact information stored in the terminal, wherein the contact information is associated with a remote device; (receive a voice input to call Justin (which contact information is stored at the iphone, it is well known to the people with the skill in the art) at youtube 0:38-0:42/2:09)
dialing the remote device in response to the voice instruction; (the calling is made with Justin’s device at youtube 0:47-0:54/2:09)
But Nelson fail to explicitly disclose “and preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state both while dialing the remote device and during a call with the remote device.”
Wang disclose and preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state both while dialing the remote device and during a call with the remote device. ([0018]-[0023][0060]-[0064] dial the number and establish a link and made the phone calls when the lock screen is maintained, and to maintain the function of the lock screen to prevent other operations which inherently disclose to prevent accessing the information stored which is an operation)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Wang’s locking screen while making a call into Nelson’s invention as they are related to the same field endeavor of method of voice communication and displaying information on a user interface. The motivation to combine these arts, as proposed above, at least because Wang’s locking screen while making a call would help to protect information while making a call to Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that locking screen while making a call would help to provide more intuitive ways to manipulate with the mobile device and therefore improve the user experience using the mobile device.
In regard to claim 21, Nelson and Wang disclose The method of claim 1,
Nelson disclose wherein while dialing the remote device, the method further comprises: displaying the contact information on the display screen; (the screen is locked while dialing the number at 0:46-0:48, the lock screen is displayed again before change and displaying the name of called and keep the screen locked during the call and displaying the lock interface at youtube 1:00-1:04)
But Nelson fail to explicitly disclose “and preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state while displaying the contact information on the display screen.”
Wang disclose and preventing the user from accessing personal information stored in the terminal by maintaining the display screen in the locked state while displaying the contact information on the display screen. ([0018]-[0023][0060]-[0064] dial the number and made the phone calls when the lock screen is maintained, and to maintain the function of the lock screen to prevent other operations which inherently disclose to prevent accessing the information stored which is an operation)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Wang’s locking screen while making a call into Nelson’s invention as they are related to the same field endeavor of method of voice communication and displaying information on a user interface. The motivation to combine these arts, as proposed above, at least because Wang’s locking screen while making a call would help to protect information while making a call to Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that locking screen while making a call would help to provide more intuitive ways to manipulate with the mobile device and therefore improve the user experience using the mobile device.
In regard to claim 22, Nelson and Wang disclose The method of claim 1,
Nelson disclose wherein the contact information comprises a name of a called party or a call number. (the screen is locked while dialing the number at 0:46-0:48, the lock screen is displayed again before change and displaying the name of called and keep the screen locked during the call and displaying the lock interface at youtube 1:00-1:04)
In regard to claim 25, Nelson and Wang disclose The method of claim 21,
Nelson disclose wherein while dialing the remote device, the method further comprises: receiving a user input on a call hang-up button on the terminal; and aborting the dialing in response to the user input. (tapping on the end button on the screen and aborting the call in response to the input, at youtube 0:50-0:54)
In regard to claim 26, Nelson and Wang disclose The method of claim 25,
Nelson disclose wherein after aborting the dialing, the method further comprises displaying a first interface to indicate that the display screen is in the locked state. (display the lock screen interface after ending the call youtube at youtube 1:05 or push the ending button and the display the lock screen using iPhone with iOS 7.02)
In regard to claim 27, Nelson and Wang disclose The method of claim 1,
Nelson disclose further comprising notifying the user to input the voice instruction by playing an alert tone or providing a vibration. (provide a prompt “what can I help you with” on the screen at youtube 0:40-0:42)
In regard to claim 28, Nelson and Wang disclose The method of claim 1,
Nelson disclose wherein the first operation from a user comprises an operation of pressing and holding a button. (press and hold the button on the iphone under the touch screen to receive input from a user while displaying the lock screen and the screen is on state, see youtube at 0:35-0:38/2:09)
In regard to claim 29, Nelson and Wang disclose The method of claim 28,
Nelson disclose wherein the button is a button of the terminal, or a button of a headset connected to the terminal. (press and hold the button on the iphone under the touch screen to receive input from a user while displaying the lock screen and the screen is on state, see youtube at 0:35-0:38/2:09)
In regard to claim 31, Nelson and Wang disclose The method of claim 29,
But Nelson fail to explicitly disclose “wherein the headset is a Bluetooth headset or a wired headset.”
Wang disclose wherein the headset is a Bluetooth headset or a wired headset. (col. 5, line 11-29, the headset is a Bluetooth headset)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Wang’s Bluetooth headset into Nelson’s invention as they are related to the same field endeavor of method of voice communication and displaying information on a user interface. The motivation to combine these arts, as proposed above, at least because Wang’s Bluetooth headset would help to control the mobile using the headset into Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that controlling the mobile using the headset would improve the user experience using the mobile device.
In regard to claim 32, Nelson and Wang disclose The method of claim 1,
But Nelson fail to explicitly disclose “wherein the personal information comprises address book data.”
Wang disclose wherein the personal information comprises address book data. (col. 5, line 28-37, col. 11, line 65-col. 12, line 13, contact list)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Wang’s locking screen into Nelson’s invention as they are related to the same field endeavor of method of voice communication and displaying information on a user interface. The motivation to combine these arts, as proposed above, at least because Wang’s locking screen would help to prevent content being accessed into Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that preventing content being accessed when displaying lock screen would improve the user experience using the mobile device.
In regard to claims 33-35, 38-39, claims 33-35, 38-39 are terminal claims corresponding to the method claims 1, 21-22, 25-26 above and, therefore, are rejected for the same reasons set forth in the rejections of claims 1, 21-22, 25-26.
Claims 23-24, 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson Aguilar “How to Bypass an iPhine’s Lock Screen Using Siri in iOS 7.02 to Send Messages (youtube) 10/1/2013 and Wang et al. (Wang) EP 2838246 A1 as applied to claim 1, further in view of Arrehn et al. (Arrehn) US 9152309
In regard to claim 23, Nelson and Wang disclose The method of claim 21,
But Nelson and Wang fail to explicitly disclose “wherein after ending the call to the remote device, the method further comprises: displaying a first interface to indicate that the display screen is in the locked state; and preventing the user from accessing personal information stored in the terminal while displaying the first interface.”
Arrehn disclose wherein after ending the call to the remote device, the method further comprises: displaying a first interface to indicate that the display screen is in the locked state; and preventing the user from accessing personal information stored in the terminal while displaying the first interface. (col. 4, line 1-13, col. 8, line 17-38, col. 10, line 39-52, after ending the call, display the locked screen which prevent the user from input and then prevent access the information in the terminal)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Arrehn’s locking screen after ending the call into Wang and Nelson’s invention as they are related to the same field endeavor of method of voice communication and displaying information on a user interface. The motivation to combine these arts, as proposed above, at least because Arrehn’s locking screen after ending the call would help to protect information during the calling process to Wang and Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that locking screen after the call would help to provide more intuitive ways to manipulate with the mobile device and therefore improve the user experience using the mobile device.
In regard to claim 24, Nelson, Wang and Arrehn disclose The method of claim 23,
Nelson disclose wherein the display screen is in a screen-on state while receiving the voice instruction, while dialing the remote device, during the call with the remote device, and while displaying the first interface, and wherein the display screen is powered-on in the screen-on state. (the lock screen is displayed and information is protected on the iphone and the screen is on, see youtube at 0:35-0:59 when receiving voice instruction, dialing and during the call)
In regard to claims 36-37, claims 36-37 are terminal claims corresponding to the method claims 23-24 above and, therefore, are rejected for the same reasons set forth in the rejections of claims 23-24.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson Aguilar “How to Bypass an iPhine’s Lock Screen Using Siri in iOS 7.02 to Send Messages (youtube) 10/1/2013 and Wang et al. (Wang) EP 2838246 A1 as applied to claim 1, further in view of Xie CN103369143A
In regard to claim 30, Nelson and Wang disclose The method of claim 29,
But Nelson and Wang fail to explicitly disclose “wherein the button of the terminal is a volume down button, a volume up button, or a power button.”
Xie disclose “wherein the button of the terminal is a volume down button, a volume up button, or a power button. (abstract, [0003] the user presses a power button)
It would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made to Xie’s power button into Wang and Nelson’s invention as they are related to the same field endeavor of method of mobile device. The motivation to combine these arts, as proposed above, at least because Xie’s method of using power button to provide input would help to provide more input methods to Wang and Nelson’s system. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention was made that using power button to provide input would help to provide more intuitive ways to interact with the mobile device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
U.S. Patent Documents PATENT DATE INVENTOR(S) TITLE
US 2012/0015629 2012-01-19 Olsen et al.
SECURING A MOBILE COMPUTING DEVICE
Olsen et al. disclose techniques for unlocking certain functionality of a mobile computing device upon wirelessly detecting that an external device is in relatively close proximity to the mobile computing device. One example method comprises: providing a phone application and a second, different application; initiating a first mode of operation when the mobile computing device becomes locked; prohibiting user access to the second application during the first mode of operation when the mobile computing device fails to wirelessly detect a presence of an external device; and initiating a second mode of operation when the mobile computing device wirelessly detects the presence of the external device and when the mobile computing device has received user input specifying an access password, wherein the mobile computing device allows complete user access to both the phone application and the second application during the second mode of operation… see abstract.
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XUYANG XIA
Primary Examiner
Art Unit 2143
/XUYANG XIA/Primary Examiner, Art Unit 2143