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
This action is in response to the communication filed on 01/23/2024.
Claims 1-20 are pending and addressed in the Action.
Specification
The disclosure is objected to because of the following informalities: The pages in the specification, except page 1, all are numbered with the same number “3”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: ‘deployment server’ in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the broadest reasonable interpretation of the “computer-readable medium” encompasses signals per se.
The specification mentions broadly that "… for reading programs and data stored on a computer-readable medium;…" (in Spec, counted from the first page, see in the page number 6, lines 12-13) without any description the type of the medium.
A claim whose BRI covers non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. See MPEP 2106.03(II). It is suggested that claims 17-20 be amended to recite a "non-transitory" machine-readable storage medium to overcome this rejection.
Accordingly, Claims 17-20 fail to recite statutory subject matter under 35 U.S.C. 101.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over
Duncan Tweed, “Performing remote operations on managed mobile devices”, 2022, BMC Documentation, retrieved from https://docs.bmc.com/xwiki/bin/view/Automation-DevSecOps/Client-Management/BMC-Client-Management/BCM224/Using/Managing-mobile-devices/Performing-remote-operations-on-managed-mobile-devices/, 17 pages (Hereinafter: Tweed-A, last modified on 2022/11/23), and in view of
Duncan Tweed, “Managing configuration profiles for managed mobile devices”, 2022, BMC Documentation, retrieved from https://docs.bmc.com/xwiki/bin/view/Automation-DevSecOps/Client-Management/BMC-Client-Management/BCM224/Using/Managing-mobile-devices/, 6 pages (Hereinafter: Tweed-B, last modified on 2022/11/25).
As per Claim 1: Tweed discloses,
1. A method establishing a user profile on a mobile device (Tweed-A, see p. , all five bold dot, especially ‘profiles (collect inventory)’, ‘Install or remove configuration profiles (manage profiles), comprising:
in a deployment server different from the mobile device, receiving an input from an administrator (Tweed-A, Figure in p. 2, is a screenshot with “Welcome, admin”, and referred to ‘Performing remote operations on managed mobile devices’ in title,
title ) ;
Tweed A does not explicitly show,
“generating at least one heuristic list from the input;
querying capability information from the mobile device;
preparing a deployment sequence from the heuristic list and the capability information,
Tweed B discloses,
generating at least one heuristic list from the input;
(Tweed-B, Figure in p. 3, within a profiles node in the left pane is selected, includes list of check boxes with “allow…” within the parameters, such as “restriction””, it meets heuristic list.
[-It should be noted that user or an admin can search through passcode, Wi-Fi, etc., it would provide the similar check boxes for selections.
-It should be also noted that, in all items 1-8 under ‘To create and configure a configuration profile’ :
4. Specify the following:
a. For Apple profiles:
Profile name
Organization
Automatic date of removal (optional)
b. For Android profiles:
Profile name
Enterprise name
With the data/information which is related to a mobile device, profile in the Tweed A, B meet User-profile in the specification in p. 4, lines 2-4 “Establishing a user profile on a computer system often includes setting a plurality of permissions, configuring a plurality of system parameters, creating a plurality of data storage containers, and installing a plurality of application binaries.” ]
querying capability information from the mobile device; (Tweed-B, The screenshot in p. 3 shows search box with in a home icon, this allows user acting as an admin to query – Moreover, the screenshot allows scrolling, that the user can search directly on the list )
preparing a deployment sequence from the heuristic list and the capability information, (Tweed-B, in the left pane of the Figure in p. 3, the boxes are checked as being selected and prepared for being saved and pushed to a target device.
In p. 4: start at line 3, item
8. Click Save in the toolbar to save the profile.
Next, you can assign the profile to the target mobile devices. For more information, see To install a configuration profile on Apple mobile devices, or To manage configuration profiles on Android mobile devices.”
And lines 7-8 ‘You can assign commands to push a mobile configuration profile to target devices, device groups, users, or user groups.’ );
Incorporated with ‘preparing a deployment sequence’,
Tweed-A further discloses,
the deployment sequence comprising at least one command; executing the deployment sequence (Tweed-A, under ‘To create and assign a mobile command’ in p. 2, items 1-5 in pages 2-3)
and causing the mobile device to invoke commands in an order according to the deployment sequence ( Tweed-A , p.3, under ‘To view the status of a mobile command’, see all four bold dots, especially,
“In the right pane, all of the commands that were assigned to the mobile device are displayed with their status.
. If the command is assigned to the mobile device for the first time, the sequence of the command status is asfollows:Assignment Waiting > Assignment Notified > Assignment Sent > Executed/Execution Failed/NotNotified.
. If the command is already assigned to the mobile device and the user initiates command reassignment, the sequence of the command status is as follows: Reassignment waiting > Update notified > Update sent > Executed/Execution Failed/Not Notified.”)
Tweed-A discusses performing remote operations on managed mobile devices; it shows connections of an administration in the network and mobile devices in the network connection for management operations.
Tweed-B shows an operation that provides a profile generation prepared for managing profiles . There are connections between two references.
Therefore, it would be obvious to an ordinary of skills in the art before the effective filing of the application to combine the discussion of remote management operations of Tweed-A and discussion of profile management operation in Tweed-B. The combination would yield predictable results because the discussions specifics in various features of network, but they would be relied for the same archiving in mobile device managements.
As per Claim 2: Tweed-A and Tweed-B,
where Tweed-A discloses,
2. The method of claim 1, further comprising:
in the deployment server (Address in Claim 1 by Tweed-A),
preparing a test sequence, the test sequence comprising at least one command; causing the mobile device to invoke a command from the test sequence (Tweed-A, in P. 3, in Command Status: Executed - The command (or command update) was run on the target mobile device. ;and
Executed fail - The command (or command update) on the target mobile device failed. You can view more information in the Error Details
column.)
Examiner note: The execution that causes either success or fail is execution of test sequence)
; and
verifying an output of the mobile device after invoking the command from the test sequence.
( Tweed-A , p.3, under ‘To view the status of a mobile command’ with Executed/Execution Failed )
As per Claim 3: Tweed-A and Tweed-B,
With claim 2 incorporated, Tweed-A discloses,
3. The method of claim 2, further comprising:
saving the test sequence to a storage device;
causing a second mobile device to invoke a command from the test sequence; and
verifying a second output of the second mobile device after invoking the command from the test sequence.
(Note: The claim has the same limitation of claim 2, and recites the same operation for a second mobile device. Tweed-A operation on device groups, user groups.
See Tweed-A, items 4 and 5 on the top of in p. 3:
4. Set the command options, and click Next.
The Command Assignment page is displayed.
5. Assign the command to the target devices, device groups, users, or user groups, and click Finish. The command is created and assigned to the target mobile devices.
And further rationales addressed in claim 2 above)
As per Claim 4: Tweed-A and Tweed-B,
where Tweed-A discloses,
4. The method of claim 1, further comprising:
in the deployment server,
saving the deployment sequence to a storage device; and
causing a second mobile device to invoke commands in an order according to the deployment sequence.
(Claim 4 has the limitation embedded in claim 2-3: In Tweed-A: See rationales addressed in claims 2-3)
As per Claim 5: Tweed-A and combining Tweed-B, incorporated with preparing a deployment sequence in claim 1, Tweed-B further discloses,
5. The method of claim 1,
wherein preparing a deployment sequence comprises:
preparing at least one command to run on the mobile device (Tweed-B: in p. 4: Under ‘To install a configuration profile on Apple mobile devices’ referred to ‘You can assign commands to push a mobile configuration profile to target devices, device groups, users, or user groups.’); and
preparing at least one application to download.
(Tweed-B, Figure in p2, under Configuration are payload. In the manner of install, in pages 1-2, Payload within Android, it includes Application)
But does not explicitly mention preparing at least one application to download.
Tweed-A further discloses, preparing at least one application to download (Tweed-A, p. 1
‘Using commands, you can remotely perform the following operations on mobile devices:
…..
.Install or remove managed applications (manage applications)’ )
Thus, it would be obvious to an ordinary of skills in the art before the effective filing of the application to combine the two references of Tweed-A and Tweed-B with the server deployment to include the download application as in Tweed-A for conforming to the properties of network because downloading is a main principle element of network.
As per Claim 6: Tweed-A and combining Tweed-B, incorporated with preparing a deployment sequence in claim 1, Tweed-A discloses,
6. The method of claim 5, wherein executing the deployment sequence comprises:
downloading a binary representation of the at least one application from a remote server to a local storage;
(Tweed-A in p. 1, under ‘Using commands, you can remotely perform the following operations on mobile devices’ e.g. passcode.
In p. 4, referred to ‘To install mobile applications on Apple devices’ and of its entire descriptions in p. 4-5 , ‘. Application bundle identifier’ ‘. Application iTunes identifier”. The passcode, Application bundle identifier, Application iTunes identifier have the means of a binary representation of the at least one application from a remote server.
and pushing the downloaded binary to the mobile device.
(Tweed-A: in p. 5: Items 1-3, within description section of ‘To install mobile applications on Apple devices’, see item 2-3.
2. On the Command Options page, in the Application to install list, select either the Application bundle identifier or Application iTunes identifier option, and specify the corresponding value.
3. Assign the command to the target mobile devices.
Thus, it would be obvious to an ordinary of skills in the art before the effective filing of the application to combine the two references of Tweed-A and Tweed-B with the download application representation as in Tweed-A for conforming to the properties of network.
As per Claim 7: Tweed-A and combining Tweed-B, incorporated with pushing downloading above of claim 6, Tweed-A discloses,
7. The method of claim 6, wherein pushing the downloaded binary is performed simultaneously with causing the mobile device to invoke commands.
(Tweed-A: in p. 5: Items 1-3, within description section of ‘To install mobile applications on Apple devices’, see item 2-3. )
As per Claim 8: Tweed-A and combining Tweed-B, Tweed-A discloses,
8. The method of claim 7, wherein the capacity information includes at least one from the following group: a model name or number, an OS version identifier, an amount available system memory, an amount of available storage, and a list of available sensors.
(In both references Tweed A and Tweed-B, the operation is distinguished for both iOS device of Apple “ and ‘Android device’ This is read on at least one of group . Tweed-A in p. 3, in Command Status and Description)
As per Claim 9: Tweed-A and combining Tweed-B, incorporated with heuristic list addressed in Tweed-B, Tweed-B further discloses,
9. The method of claim 8, wherein preparing a deployment sequence from the heuristic list and the capability information comprises:
analyzing a computational capacity of the mobile device using the capacity information
(Tweed-B, see Figure in p. 3, within a profiles node in the left pane is selected, includes list of check boxes with “allow…” within the parameters, such as “restriction”, it meets |heuristic list.. In the checked box list, each of the list represents capacity information. Some boxes are selected, it shows the boxes with checked mark are analyzed); and
scheduling the at least one command to run on the mobile device.
(Tweed-B, see in p. 4, the item 8
“8. Click Save in the toolbar to save the profile. Next, you can assign the profile to the target mobile devices. For more information, see To install a configuration profile on Apple mobile devices, or To manage configuration profiles on Android mobile devices ”)
Thus, it would be obvious to an ordinary of skills in the art before the effective filing of the application to combine the two references of Tweed-A and Tweed-B with further analysis information is profiles of Tweed-B for conforming to a formal establishment of elements in mobile device for being operable in its networks as a requirement for network connections
As per Claim 10: Tweed-A and combining Tweed-B,
where Tweed-B discloses,
10. The method of claim 1, wherein the deployment sequence includes at least one command to set a permission to a sensor.
(Tweed-B: See Figure in p. 3, referred to check-box ‘Allow Camera’. With this box is unchecked, it prevents using camera in the device, or checked it permits using camera [In the spec., within DETAIED DESCRIPTION at line 11-12: “for example, permissions to operate sensors or cameras.] )
Therefore, it would be obvious to an ordinary of skills in the art before the effective filing of the application to combine the discussion of remote management operations of Tweed-A and discussion of profile management operation in Tweed-B. The combination would yield predictable results because camera sensor is part of all mobile devices, and it would be part of mobile device profile.
As per Claim 11: The claim is directed to a system in which the claimed recitations are corresponding to the limitations in the method claim 1. The claim is rejected with the same rationales addressed in claim 1.
As per Claim 12: The claim is directed to a system in which the claimed recitations are corresponding to the limitations in the method claim 4. The claim is rejected with the same rationales addressed in claim 4.
As per Claim 13: it recites,
The system of claim 12, wherein the at least one deployment server
comprises a first computer and a second computer, the first computer connected to the
mobile device and the second computer connected to the second mobile device.
Per above limitation, and incorporated with claim 12 that has limitations corresponding to the limitation of claim 4, addressed under Tweed-A. The limitations of claim 13 recites standard network elements. Therefore Tweed-A discloses the limitation under the BMC Management that operable on its servers and Clients: a standard client-servers, operating by computers and mobile devices.
As per Claim 14: The claim is directed to a system in which the claimed recitations are corresponding to the limitations in the method claim 2. The claim is rejected with the same rationales addressed in claim 2.
As per Claim 15: The claim is directed to a system in which the claimed recitations depending on claim 14 above [Claim 14 is referred to claim 2 which is rejected and addressed in claim 2 by Tweed-A], and has the limitations corresponding to the limitations in the method claim 3 addressed by Tweed-A. Therefore, the claim is rejected with the same rationales addressed in claim 3.
As per Claim 16: it recites,
The system of claim 15, wherein the at least one deployment server
comprises a first computer and a second computer, the first computer connected to the
mobile device and the second computer connected to the second mobile device.
Per above limitation, and incorporated with claims 14-15 that have limitations corresponding to the limitation of claims 2-3, addressed under Tweed-A. The limitations of claim 16 recites standard network elements. Therefore Tweed-A discloses the limitation under the BMC Management that operable on its servers and Clients: a standard client-servers, operating by computers and mobile devices.
As per Claims 17-20: The claims are directed to a computer-readable medium in which the claimed recitations are corresponding to the limitations in the method claims 1-4. The claims are rejected with the same rationales addressed in claims 1-4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ted T Vo whose telephone number is (571)272-3706. The examiner can normally be reached 8am-4:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wei Y Mui can be reached at (571) 272-3708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TTV
November 14, 2025
/Ted T. Vo/
Primary Examiner, Art Unit 2191