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
Response to Election
This office action is in response to election filed, 03 August 2026, of application filed, with the above serial number, on 31 January 2024 in which claims 15-20 have been withdrawn and claims 1-14 have been elected for examination. Claims 1-14 are pending in the application.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Storey et al (hereinafter “Storey”, 2008/0177904) in view of Bender et al (hereinafter “Bender”, 2019/0347230).
As per Claim 1, * discloses a peripheral device workspace cloud orchestrator executing at a cloud-based information handling system comprising:
a network interface device to receive a user experience fingerprint associated with a user composite peripheral device workspace identifier for a user of an anchor information handling system node that has been previously operatively coupled to a previous peripheral device node in a previous manifest for a previous peripheral device workspace at a first identified location (at least paragraph 35, 25, 19; a unique system peripheral device configuration setting value is calculated in step 302 and then compared to configuration setting values in a local configuration settings repository in step 304; a previous device configuration is restored using the matching device configuration information stored in the settings repository; device database stored in remote location on networked server); ;
the network interface device to receive a plurality of stored, adjustable operational configurations of a plurality of previous peripheral device functional capabilities selected by the user for operation of the previous peripheral device node in the previous peripheral device workspace from the user experience fingerprint, and a plurality of new peripheral device functional capabilities for a new peripheral device node that is in a new peripheral device workspace currently operatively coupled to the user anchor information handling system node (at least paragraph 35, 25, 19; no match, then an automatic configuration of peripheral devices is performed in step 306, and the configuration and associated configuration setting value is saved in the settings repository in step 308. At this point, the current configuration setting value matches a configuration setting value in the settings repository. In any case, the device configuration is then set/restored in step 310);
a hardware processor to execute code instructions for the peripheral device workspace cloud orchestrator to determine a user experiential compliance value indicating a similarity between the plurality of new peripheral device functional capabilities and the plurality of stored adjustable operational configurations meet a user experiential compliance value threshold to apply the plurality of stored adjustable operational configurations to the new peripheral device node (at least paragraph 17, 19; device class is a category of peripheral devices that have a common generic use or function. For example, in a voice over IP application, there might exist multiple device classes such as Input Audio Devices (microphones), Output Audio Devices (speakers), Output Video Devices (multiple screens), Input Video Devices (web camera…); The purpose of the automatic configuration framework is to determine the appropriate device to use in the software application for each device class with minimal user interaction; the peripheral device configuration is in a new state (either because this is the first time the application has been executed or because a device has been added to or removed from the system); method checks for a change in peripheral devices (e.g., whether a new device is connected; par. 31; user to customize and control the automatic configuration procedure. For example, in one embodiment the user can adjust or alter an active configuration by either indicating that a particular device in a particular device class should always be used); and
the hardware processor to instruct the user anchor information handling system node to configure the new peripheral device in the new peripheral device workspace according to at least a portion of the plurality of stored, adjustable operational configurations associated with the user composite peripheral device workspace identifier (at least paragraph 19, 35; a previous device configuration is restored using the matching device configuration information stored in the settings repository.; using previous settings of, for example, speaker peripherals connected previously, configuring new speaker peripheral of a same class if there is a match in settings repository for that configuration).
Storey fails to explicitly disclose the user anchor information handling system node at a second identified location. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Bender. Bender discloses, in an analogous peripheral configuration art, having different settings profiles for different peripherals at different locations so that a portable computer can be configured with saved configuration settings from one location and peripherals to a different location and have the correct configuration settings be automatically selected (at least paragraph 25, 29). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Bender’s saved settings profiles with Storey as Bender teaches this removes the need for a user to continually reconfigure system settings for peripheral devices when the computer is moved between locations.
As per Claim 2. The peripheral device workspace cloud orchestrator of claim 1, wherein the new peripheral device node is an external display device and the stored, adjustable operational configuration controls one of display resolution, display refresh rate, brightness, contrast, color gamut, horizontal view angle, vertical view angle, or response time of the new peripheral device node (at least paragraph 17; multiple screens and peripheral settings configuration).
As per Claim 3. The peripheral device workspace cloud orchestrator of claim 1, wherein the new peripheral device node is an external webcam and the stored, adjustable operational configuration controls audio/visual connection type, video capture resolution, image depth, video capture refresh rate, or captured frames per second for the new peripheral device node (at least paragraph 17; Input Video Devices (web camera and peripheral settings configuration)).
As per Claim 4. The peripheral device workspace cloud orchestrator of claim 1, wherein the new peripheral device node is an external microphone and the adjustable operational configuration controls audio output type, audio output frequency, or application of one or more audio filters for the new peripheral device node (at least paragraph 17; Input Audio Devices (microphones) and peripheral settings configuration).
As per Claim 5. The peripheral device workspace cloud orchestrator of claim 1, wherein the new peripheral device node is an external speaker and the adjustable operational configuration controls audio input type, audio input frequency, or application of one or more audio filters for the new peripheral device node (at least paragraph 17; Output Audio Devices (speakers) and peripheral settings configuration).
As per Claim 6. The peripheral device workspace cloud orchestrator of claim 1 further comprising: the hardware processor to execute code instructions for the peripheral device workspace cloud orchestrator to determine a mismatching one of the plurality of new peripheral device functional capabilities that cannot accommodate a mismatching one of the plurality of stored adjustable operational configurations; and the hardware processor to instruct the user anchor information handling system node to configure the new peripheral device node according to a default setting for the mismatching one of the plurality of new peripheral device functional capabilities (at least paragraph 19, 35, 27; If the current configuration setting value does not match a value presently existing in the settings repository, it is assumed that the peripheral device configuration is in a new state (either because this is the first time the application has been executed or because a device has been added to or removed from the system). In this case, an automatic configuration of the devices is performed in step 106 instead of previous device configuration; eg. using default peripheral and settings when plurality of peripheral options).
As per Claim 7. The peripheral device workspace cloud orchestrator of claim 1 further comprising: the hardware processor to execute code instructions for the peripheral device workspace cloud orchestrator to determine the user experiential compliance value for each of the plurality of new peripheral device functional capabilities that compares one of the plurality of new peripheral device functional capabilities to one of the stored adjustable operational configurations from the user experience fingerprint; and the hardware processor to execute code instructions to determine that the user experiential compliance value meets the threshold value based on the one of the stored adjustable operational configurations from the user experience fingerprint (at least paragraph 17, 19; see Fig. 5 loop and each device class having an evaluation for each peripheral in that class and then looping for next device class, etc; device class is a category of peripheral devices that have a common generic use or function. For example, in a voice over IP application, there might exist multiple device classes such as Input Audio Devices (microphones), Output Audio Devices (speakers), Output Video Devices (multiple screens), Input Video Devices (web camera…); The purpose of the automatic configuration framework is to determine the appropriate device to use in the software application for each device class with minimal user interaction; the peripheral device configuration is in a new state (either because this is the first time the application has been executed or because a device has been added to or removed from the system); method checks for a change in peripheral devices (e.g., whether a new device is connected; par. 31; user to customize and control the automatic configuration procedure. For example, in one embodiment the user can adjust or alter an active configuration by either indicating that a particular device in a particular device class should always be used).
Claims 8-14 do not, in substance, add or define any additional limitations over claims 1-7 and therefore are rejected for similar reasons, supra.
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).
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7-12, 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-12 of U.S. Patent No. 12,455,838. Although the claims at issue are not identical, they are not patentably distinct from each other because ‘838 and ‘071 each recite:
‘071 Claim 1
‘838 Claim 1
A peripheral device workspace cloud orchestrator executing at a cloud-based information handling system comprising: a network interface device to receive a user experience fingerprint associated with a user composite peripheral device workspace identifier for a user of an anchor information handling system node that has been previously operatively coupled to a previous peripheral device node in a previous manifest for a previous peripheral device workspace at a first identified location; the network interface device to receive a plurality of stored, adjustable operational configurations of a plurality of previous peripheral device functional capabilities selected by the user for operation of the previous peripheral device node in the previous peripheral device workspace from the user experience fingerprint, and a plurality of new peripheral device functional capabilities for a new peripheral device node that is in a new peripheral device workspace currently operatively coupled to the user anchor information handling system node at a second identified location; a hardware processor to execute code instructions for the peripheral device workspace cloud orchestrator to determine a user experiential compliance value indicating a similarity between the plurality of new peripheral device functional capabilities and the plurality of stored adjustable operational configurations meet a user experiential compliance value threshold to apply the plurality of stored adjustable operational configurations to the new peripheral device node; and the hardware processor to instruct the user anchor information handling system node to configure the new peripheral device in the new peripheral device workspace according to at least a portion of the plurality of stored, adjustable operational configurations associated with the user composite peripheral device workspace identifier.
A peripheral device workspace cloud orchestrator executing at a cloud-based information handling system comprising: a network interface device to receive a plurality of existing functional capabilities for an existing peripheral device within a manifest of a first plurality of peripheral device nodes that have been previously operatively coupled to a user information handling system at an identified location to form a defined peripheral device workspace identified by a peripheral device workspace identification value in which the user information handling system acts as an anchor node; the network interface device to receive a user composite peripheral device workspace identifier for a user of the anchor node associated with a stored adjustable operational configuration of the plurality of existing functional capabilities selected by the user for operation of the existing peripheral device in the peripheral device workspace and a storage memory to storing the same with an existing peripheral device orchestrated device descriptor (ODD); a hardware processor to execute code instructions for the peripheral device workspace cloud orchestrator to identify a plurality of new peripheral device capabilities for a new peripheral device operatively coupled to the anchor node in the peripheral device workspace, wherein the plurality of new peripheral device capabilities for the new peripheral device and identification of the new peripheral device form a new peripheral device ODD stored in the storage memory; the hardware processor to execute code instructions to determine a minimum peripheral device threshold overlap percentage of the plurality of new peripheral device capabilities from the new peripheral device ODD matching the plurality of existing function capabilities from the existing peripheral device ODD in the peripheral device workspace; and the hardware processor to execute code instructions to instruct the anchor node to configure the new peripheral device according to the stored adjustable operational configuration associated with the user composite peripheral device workspace identifier from the existing peripheral device ODD.
Thus, while ‘838 also recites determining new peripheral device capabilities that are beyond what is being determined in ‘071, they each recite configuration of peripheral devices from previous configuration of peripherals at a workspace with new configurations of new peripherals having overlapping / similar capabilities. Claim 8 is rejected for similar reasons.
Claims 2-5 are similarly rejected as they are claimed as claims 2-5 in ‘838. Claims 7, 14 are rejected as each device is being evaluated in claims 1, 8 of ‘838.
Conclusion
The prior art made of record and not relied upon considered pertinent to applicant's disclosure is indicated in PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY G TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Nicholas Taylor can be reached on (571)272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY TODD/Primary Examiner, Art Unit 2443
