DETAILED ACTION
This Office Action is in response to the Preliminary Amendments filed December 23, 2024. Claim(s) 1-20 is/are pending and have been considered as follows.
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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/28/2023, 5/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-10, 13-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by De Almeida Forjaz de Lacerda et al. (US 2019/0373058 A1, hereinafter Lacerda).
As to Claim 1, Lacerda discloses a method, comprising:
receiving, by a first application executing at a first computing device and from a second application installed on the first computing device, a request to send data to a second computing device ((Lacerda; [0040, 0094, 0096]), where Lacerda discloses a data synchronization manager and access a manager residing on one or more devices. Multiple communication channels can be used to transfer data between the devices. A smartphone application be provide a shortcut to another electronic device.), wherein the first computing device and the second computing device are each associated with a user ((Lacerda; [0085]), where Lacerda discloses logic to synchronize activity between devices associated with the same or a family of accounts.);
determining, by the first application, whether the second computing device is reachable using a first network communication protocol ((Lacerda; [0079]), where Lacerda discloses determining whether a direct connection is available with the remote device.);
in response to determining that the second computing device is reachable using the first network communication protocol, transmitting, by the first computing device, the data to the second computing device over the first network communication protocol ((Lacerda; [0081]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is available. The data synchronization manager establishes a direct data channel with the remote device.); and
in response to determining that the second computing device is not reachable using the first network communication protocol, transmitting, by the first computing device, the data to the second computing device over a second network communication protocol ((Lacerda; [0080]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is not available. The data synchronization manager establishes a network-based communication channel with the remote devices designated to receive the synchronization data.).
As to Claim 2, Lacerda discloses the method of claim 1, wherein the first network communication protocol is a short-range wireless network communication protocol that directly communicatively couples the first computing device and the second computing device, and wherein the second network communication protocol is a network protocol that communicatively couples the first computing device and the second computing device via at least one intermediate device ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses the use of different protocols to synchronize the data.).
As to Claim 5, Lacerda discloses the method of claim 1, wherein a separate instance of the first application is installed on the second computing device, and wherein the user is authenticated on each instance of the first application ((Lacerda; [0040, 0085]), where Lacerda discloses performing authentication services.).
As to Claim 6, Lacerda discloses the method of claim 5, wherein transmitting the data to the second computing device over the second network communication protocol includes transmitting the data to a server associated with the first application ((Lacerda; [0038, 0080]), where Lacerda discloses transmission of data.).
As to Claim 7, Lacerda discloses the method of claim 1, further comprising: establishing, by the first computing device, a direct communication link with the second computing device in accordance with either the first network communication protocol or the second network communication protocol ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses the use of different protocols to synchronize the data.).
As to Claim 8, Lacerda discloses the method of claim 1, wherein determining whether the second computing device is reachable using the first network communication protocol includes: identifying a plurality of devices associated with a user account of the user, wherein the plurality of devices includes the first computing device and the second computing device; and identifying a plurality of communication links between two or more of the plurality of devices ((Lacerda; [0037, 0050, 0085]), where Lacerda discloses synchronizing activities between devices associated with the same account, or a family of accounts.).
As to Claim 9, Lacerda discloses a system, comprising:
one or more processors (Lacerda; Fig. 13); and
a non-transitory computer-readable medium comprising instructions stored therein, which when executed by the one or more processors (Lacerda; Fig. 13), cause the one or more processors to perform operations comprising:
receiving, by a first application executing at a first computing device and from a second application installed on the first computing device, a request to send data to a second computing device ((Lacerda; [0040, 0094, 0096]), where Lacerda discloses a data synchronization manager and access a manager residing on one or more devices. Multiple communication channels can be used to transfer data between the devices. A smartphone application be provide a shortcut to another electronic device.), wherein the first computing device and the second computing device are each associated with a user ((Lacerda; [0085]), where Lacerda discloses logic to synchronize activity between devices associated with the same or a family of accounts.);
determining, by the first application, whether the second computing device is reachable using a first network communication protocol ((Lacerda; [0079]), where Lacerda discloses determining whether a direct connection is available with the remote device.);
in response to determining that the second computing device is reachable using the first network communication protocol, transmitting, by the first computing device, the data to the second computing device over the first network communication protocol ((Lacerda; [0081]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is available. The data synchronization manager establishes a direct data channel with the remote device.); and
in response to determining that the second computing device is not reachable using the first network communication protocol: transmitting, by the first computing device, the data to the second computing device over a second network communication protocol ((Lacerda; [0080]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is not available. The data synchronization manager establishes a network-based communication channel with the remote devices designated to receive the synchronization data.).
As to Claim 10, Lacerda discloses the system of claim 9, wherein the first network communication protocol is a short-range wireless network communication protocol that directly communicatively couples the first computing device and the second computing device, and wherein the second network communication protocol is a network protocol that communicatively couples the first computing device and the second computing device via at least one intermediate device ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses the use of different protocols to synchronize the data.).
As to Claim 13, Lacerda discloses the system of claim 9, wherein a separate instance of the first application is installed on the second computing device, and wherein the user is authenticated on each instance of the first application ((Lacerda; [0040, 0085]), where Lacerda discloses performing authentication services.).
As to Claim 14, Lacerda discloses the system of claim 13, wherein transmitting the data to the second computing device over the second network communication protocol includes transmitting the data to a server associated with the first application ((Lacerda; [0038, 0080]), where Lacerda discloses transmission of data.).
As to Claim 15, Lacerda discloses the system of claim 9, the operations further comprising: establishing, by the first computing device, a direct communication link with the second computing device in accordance with either the first network communication protocol or the second network communication protocol ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses the use of different protocols to synchronize the data.).
As to Claim 16, Lacerda discloses the system of claim 9, wherein determining whether the second computing device is reachable using the first network communication protocol includes: identifying a plurality of devices associated with a user account of the user, wherein the plurality of devices includes the first computing device and the second computing device; and identifying a plurality of communication links between two or more of the plurality of devices ((Lacerda; [0037, 0050, 0085]), where Lacerda discloses synchronizing activities between devices associated with the same account, or a family of accounts.).
As to Claim 17, Lacerda discloses a non-transitory machine-readable medium comprising instructions stored therein, which, when executed by a one or more processors of a first computing device, cause the one or more processors to:
execute a first application (Lacerda; Fig. 9; [0029, 0103]);
receive, via the first application and from a second application installed on the first computing device, a request to send data to a second computing device ((Lacerda; [0040, 0094, 0096]), where Lacerda discloses a data synchronization manager and access a manager residing on one or more devices. Multiple communication channels can be used to transfer data between the devices. A smartphone application be provide a shortcut to another electronic device.), wherein the first computing device and the second computing device are each associated with a user ((Lacerda; [0085]), where Lacerda discloses logic to synchronize activity between devices associated with the same or a family of accounts.);
determine whether the second computing device is reachable using a first network communication protocol ((Lacerda; [0079]), where Lacerda discloses determining whether a direct connection is available with the remote device.);
in response to determining that the second computing device is reachable using the first network communication protocol, send the data to the second computing device over the first network communication protocol ((Lacerda; [0081]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is available. The data synchronization manager establishes a direct data channel with the remote device.); and
in response to determining that the second computing device is not reachable using the first network communication protocol, send the data to the second computing device over a second network communication protocol ((Lacerda; [0080]), where Lacerda discloses the data synchronization manager determines that a direct communication channel is not available. The data synchronization manager establishes a network-based communication channel with the remote devices designated to receive the synchronization data.).
As to Claim 19, Lacerda discloses the non-transitory machine-readable medium of claim 17, wherein the instructions further cause the one or more processors to: establish direct communication link with the second computing device in accordance with either the first network communication protocol or the second network communication protocol ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses the use of different protocols to synchronize the data.).
As to Claim 20, Lacerda discloses the non-transitory machine-readable medium of claim 17, wherein the instructions that cause the one or more processors to determine whether the second computing device is reachable using the first network communication protocol cause the one or more processors to: identify a plurality of devices associated with a user account of the user, wherein the plurality of devices includes the first computing device and the second computing device; and identify a plurality of communication links between two or more devices from the plurality of devices ((Lacerda; [0037, 0050, 0085]), where Lacerda discloses synchronizing activities between devices associated with the same account, or a family of accounts.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-4, 11-12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Almeida Forjaz de Lacerda et al. (US 2019/0373058 A1, hereinafter Lacerda), in view of Tung et al. (US 2015/0350068 A1, hereinafter Tung).
As to Claim 3, Lacerda discloses the method of claim 1, further comprising:
identifying a plurality of communication protocols available to the first computing device for transmitting the data to the second computing device ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses identifying/using different protocols to synchronize the data.).
However, Lacerda does not disclose selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device.
In an analogous art, Tung discloses selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device ((Tung; [0147]), where Tung discloses the use of heuristics to select the possible communication protocols.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lacerda to include selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device as taught by Tung to optimize the transmission of data (Tung; [0147]).
As to Claim 4, Lacerda-Tung discloses the method of claim 3, wherein the plurality of connectivity heuristics includes rules used to select from among the plurality of communication protocols available to the first computing device based on one or more of: communication protocol range, signal strength, type of data to be transmitted, and user account information ((Lacerda; [0074]), where Lacerda discloses the data synchronization manager evaluating the data set to determine various parameters indicative of whether the synchronization data set is suitable for transmission.), (Tung; [0097, 0149]).
The Examiner provides the same motivation to combine as previously presented in the previous claim.
As to Claim 11, Lacerda discloses the system of claim 9, the operations further comprising:
identifying a plurality of communication protocols available to the first computing device for transmitting the data to the second computing device ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses identifying/using different protocols to synchronize the data.).
However, Lacerda does not disclose selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device.
In an analogous art, Tung discloses selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device ((Tung; [0147]), where Tung discloses the use of heuristics to select the possible communication protocols.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lacerda to include selecting the second network communication protocol of the plurality of communication protocols based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device as taught by Tung to optimize the transmission of data (Tung; [0147]).
As to Claim 12, Lacerda-Tung discloses the system of claim 11, wherein the plurality of connectivity heuristics includes rules used to select from among the plurality of communication protocols available to the first computing device based on one or more of: communication protocol range, signal strength, type of data to be transmitted, and user account information ((Lacerda; [0074]), where Lacerda discloses the data synchronization manager evaluating the data set to determine various parameters indicative of whether the synchronization data set is suitable for transmission.), (Tung; [0097, 0149]).
The Examiner provides the same motivation to combine as previously presented in the previous claim.
As to Claim 18, Lacerda discloses the non-transitory machine-readable medium of claim 17, wherein the instructions further cause the one or more processors to:
identify a plurality of communication protocols available to the first computing device for transmitting the data to the second computing device ((Lacerda; [0045, 0057, 0080-0081]), where Lacerda discloses identifying/using different protocols to synchronize the data.).
However, Lacerda does not disclose select, based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device, the second network communication protocol of the plurality of communication protocols.
In an analogous art, Tung discloses select, based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device, the second network communication protocol of the plurality of communication protocols ((Tung; [0147]), where Tung discloses the use of heuristics to select the possible communication protocols.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lacerda to include select, based on a plurality of connectivity heuristics each respectively associated with one or more of the plurality of communication protocols available to the first computing device, the second network communication protocol of the plurality of communication protocols as taught by Tung to optimize the transmission of data (Tung; [0147]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST.
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/BENJAMIN M THIEU/Primary Examiner, Art Unit 2441 12.20.2025