DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending in this application.
Response to Arguments
The objections to the drawings are withdrawn.
Applicant’s arguments regarding the rejections of claims 1-20 under 35 U.S.C. 112b have been fully considered and are persuasive. The rejections have been withdrawn. However, new 35 U.S.C. 112b rejections are applied to claims 1-20 based on the amendments.
Applicant's arguments regarding the 35 U.S.C. 103 rejections of claims 1-20 have been fully considered but they are moot in light of the references being applied in the current rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claims 1, 9, and 17 (line numbers refer to claim 1):
Lines 10-13 recite “an execution of the first end device application occurs solely at the virtualized device and the first end device application session accounts for application data stemming from previous use of the first end device application by the user via one or more second end devices” so it is unclear how the first end device application can be solely executed at the virtualized device when the claim recites that the first end device application is used via one or more second end devices. Additionally, it is unclear why the first end device application is used via the one or more second end devices if it is called a first end device application.
Claims 2-8, 10-16, and 18-20 are dependent claims of claims 1, 9, and 17, and fail to resolve the deficiencies of claims 1, 9, and 17, so they are rejected for the same reasons.
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.
Claims 1-3, 5, 6, 7, 9-11, 13-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (US 20150341416 A1 hereinafter Chung) in view of Yoon et al. (US 20150227383 A1 hereinafter Yoon), and further in view of Yoshitaka (JP2010198473A).
Chung and Yoon were cited in a prior office action.
The portions of Yoshitaka are pulled from a translation of JP2010198473A.
As per claim 1, Chung teaches the invention substantially as claimed including a method comprising: hosting, by a network device, persona information that includes end device applications associated with a user and end devices of the user ([0031] the cloud simulator can be the cloud simulator 200 as shown in FIG. 1 and the cloud simulator 200 is a multi-core parallel processing simulator with cloud computing…The cloud simulator 200 may also include identification information (e.g. MAC/IMEI/IP information and so on) of multiple user devices 100 and their authentication information to be used for identifying the identity of the user of each user device 100; [0041] In some embodiments, the cloud simulator 200 of the present invention may further provide an online applications APPs trading platform, and may operate full Android system with full functions on the web browser 110 of the user device 100 through the cloud simulator 200, thereby providing an application software component trading platform of Android system and application software component online LiveDemo services. For example, application software component developers may pay to publicize their developed APP components through the provided platform; The cloud simulator is a network device since the instant specification recites in [0017] “a network device or a network function (referred to herein simply as a network device) may be implemented according to one or multiple network architectures, such as a client device, a server device, a peer device, a proxy device, a cloud device”.);
receiving, by the network device from a first end device of the end devices, a request for use of a first end device application of the end device applications ([0022] users are able to input commands or signals via the screen. For example, when the screen 140 is a touch screen integrated with a touch-sensitive device, the user may perform various operations, such as clicking an APP icon displayed in the virtual phone interface, under the displayed virtual phone user interface directly as though using an actual phone, and transmit a request for executing a first APP corresponding to the APP icon to the cloud simulator, and the cloud simulator may execute this first APP in response to the request… As shown in FIG. 2, the webpage 500, which includes a virtual phone interface 510 that displays icons 520_1˜520_9 of all operable Applications APPs APP1-APP9, wherein the virtual phone interface 510 allows the user to click or select icons 520_1˜520_9 to select any of the Applications APPs APP1-APP9 for execution. For example, user may through clicking of the icon 520_1 to indicate that execution of the APP APP1 is desired. Thereafter, after the cloud simulator 200 returns the execution results of APP APP1; [0023] The cloud simulator 200 may connect to the user device 100 via the network 300, and thus may transmit data to or receive data from the user device 100 via the network 300);
instantiating, by the network device, a virtualized device that simulates an execution environment of the first end device and the first end device application based on the persona information and the request (Fig. 2; [0023] The storage unit 220 of the cloud simulator 200 is capable of providing a number of virtual phones 230_1˜230_3, and each virtual phone may have a customized virtual phone user interface. The processing unit 210 of the cloud simulator 200 can provide a corresponding virtual phone based on the authenticated identity of the user; [0026] Upon receiving the request from the user device 100, the cloud simulator 200 may first perform authentication to the user device 100, to confirm whether the user is a legal user or is an authenticated user, and when the authentication is completed, based on the authentication information, find out from its database, or generate the corresponding virtual phone and its virtual phone interface, wherein the virtual phone interface includes the corresponding multiple Applications APPs of Android system; [0028] Thereafter, user may either click or move the cursor to select a first APP within the virtual phone interface to input an app selection, and thus, in step S306, the user device 100 receives and transmits an application selection to the cloud simulator 200 through the virtual phone interface. For example, referring to FIG. 2, if the user wishes to execute the application 401, the user may click on the application 401 in the virtual phone interface to select the application 401 of the virtual phone interface, and then the user device 100 receives and transmits an application selection related to the application 401 to the cloud simulator 200 through the virtual phone interface; [0031] the cloud simulator can be the cloud simulator 200 as shown in FIG. 1 and the cloud simulator 200 is a multi-core parallel processing simulator with cloud computing, which is capable of executing or simulating applications applied to the Android system… The cloud simulator 200 may also include identification information (e.g. MAC/IMEI/IP information and so on) of multiple user devices 100 and their authentication information to be used for identifying the identity of the user of each user device 100. In this embodiment, the cloud simulator 200 is capable of providing multiple virtual phones, and each virtual phone may have a customized virtual phone user interface and the cloud simulator 200 can provide a corresponding virtual phone for each user based on the authenticated identity of the user.); and
establishing, by the network device with the first end device and the virtualized device, a first end device application session, wherein an execution occurs solely at the virtualized device ([0029] When the cloud simulator 200 receives an application selection that is related to the application 401, it will know to execute the application 401, and hence will activate and execute the application 401; [0022] the cloud simulator may execute this first APP in response to the request, and reply with or return the corresponding execution results to the user device based on the user input; [0010] The cloud simulator couples to the user device via a network and is arranged for receiving a request from the user device, providing a first virtual phone interface corresponding to the user device to the user device in response to the request, wherein the first virtual phone interface includes respective applications of Android system, receiving an application selection from the user device and performing a first application corresponding to the application selection and returning the execution result for the first application to the user device for displaying via the first virtual phone interface; [0038] the virtual phone interface of which will display operation interfaces of executable preset applications APPs, and based on requirements, the user may make request to the cloud simulator 200 for using a specific virtual phone and perform various operations on that virtual phone; [0039] each virtual phone may display a virtual phone interface with the same preset operation interface or it may display virtual phone interface with operation interface of different applications APPs).
Chung fails to teach wherein an execution of the first end device application occurs solely at the virtualized device and the first end device application session accounts for application data stemming from previous use of the first end device application by the user via one or more second end devices of the end devices, which differ from the first end device, and one or more previous second end device application sessions.
However, Yoon teaches wherein an execution of the first end device application occurs solely at the virtualized device (Fig. 1; [0051] Only the application program designated by the user is executed in the virtual machine of the server 150; [0055] the specific application program may be executed by a virtual machine 251 of the server 250 according to selection inside the user terminal 230).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Chung with the teachings of Yoon to improve performance (see Yoon [0008] Accordingly, in order to improve performance of a user terminal while maximally utilizing a hardware resource and a software resource of an already possessed user terminal, a method of using a virtual machine, that is, a cloud resource, is demanded.).
Chung and Yoon fail to teach the first end device application session accounts for application data stemming from previous use of the first end device application by the user via one or more second end devices of the end devices, which differ from the first end device, and one or more previous second end device application sessions.
However, Yoshitaka teaches the first end device application session accounts for application data stemming from previous use of the first end device application by the user via one or more second end devices of the end devices, which differ from the first end device, and one or more previous second end device application sessions ([0013] The application transfer method according to the present invention comprises the steps of: a first mobile terminal creating an application profile that includes at least usage history information for each application installed on the terminal; the first mobile terminal transferring the application profile to a second mobile terminal; the second mobile terminal specifying candidate applications to be installed based on the received application profile; and the second mobile terminal downloading the specified applications from the first mobile terminal via wireless communication and installing them on the terminal; [0007] In view of these circumstances, the present invention makes it possible to replicate the environment of a mobile device with multiple applications installed onto another mobile device, according to the user's usage; [0023] An application profile contains information that shows the applications installed on the device and their usage. In this example, the application information D101, the application group list D102, the application settings information D103, and the application usage history information D104 are included.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Chung and Yoon with the teachings of Yoshitaka to improve user convenience (see Yoshitaka [0014] This allows users to quickly and easily install multiple applications they have installed on one mobile device onto another mobile device. This allows users to easily reinstall multiple applications in case of malfunctions or other issues with their mobile devices. Furthermore, when replacing a mobile device, it becomes easy to reconfigure the set of applications that were previously used on a different information device. This reduces the cumbersome process of managing applications and significantly improves user convenience.).
As per claim 2, Chung, Yoon, and Yoshitaka teach the method of claim 1. Chung teaches wherein the persona information includes end device capability information that includes hardware and operating system information pertaining to the first end device ([0031] The cloud simulator 200 may also include identification information (e.g. MAC/IMEI/IP information and so on) of multiple user devices 100; [0006] Android system can be viewed as an operating system platform; [0019] In one embodiment, the user device 100 may be a device that is not installed with Android system or is not able to operate under Android system, such as a personal computer and the user device 100′ is a device that is already installed with Android system, such as an Android phone.).
As per claim 3, Chung, Yoon, and Yoshitaka teach the method of claim 1. Chung teaches further comprising: transmitting, by the network device to the first end device during the first end device application session, a first end device application data stream of the first end device application ([0035] Upon receiving the application selection from the first user device 100 (step S408), the cloud simulator 200 executes a first application corresponding to the application selection (step S410) and returns the execution result for the first application to the first user device 100).
As per claim 5, Chung, Yoon, and Yoshitaka teach the method of claim 1. Yoon teaches further comprising: receiving, by the network device from the first end device during the first end device application session, at least one of sensory data, input data, or context hub runtime environment (CHRE) data; and continuing, by the network device, the execution of the first end device application based on the at least one of the sensor data, the input data, or the CHRE data ([0022] executing the selected one or more application programs in the virtual machine based on the second data; and transmitting input information for driving the executed application program to the server from the user terminal).
As per claim 6, Chung, Yoon, and Yoshitaka teach the method of claim 1. Chung teaches wherein the end devices includes at least two of a mobile phone, a tablet, or a wearable device that are capable of executing the first end device application ([0019] The user devices 100 and 100′ may be electronic device with the same type or electronic devices with different types, such as a computer system, a PDA (Personal Digital Assistant), a smartphone, a mobile phone, an MID (Mobile Internet Device, MID), a laptop computer, a car computer, a digital camera, a multi-media player, a gaming device, or any other type of mobile computational device; [0024] the user device can be the user device 100 as shown in FIG. 1, such as a personal computer or a handheld device, e.g. a PDA, a smartphone, a mobile phone, an MID, a laptop computer, a tablet computer, or any other type of handheld device).
As per claim 7, Chung, Yoon, and Yoshitaka teach the method of claim 1. Chung teaches wherein the end device applications include two or more of a communication service application, a fitness service application, or a navigation service application (Fig. 2; [0022] For example, user may through clicking of the icon 520_1 to indicate that execution of the APP APP1 is desired. Thereafter, after the cloud simulator 200 returns the execution results of APP APP1, the virtual phone interface 510 will display the screen for the corresponding execution results. In some embodiments, the virtual phone interface 510 also provides functions that are similar to current cellular phones, such as dial keys, communications software, communications modules, etc. that are used to execute corresponding functions, such as dialing a call, sending messages, wireless transmission and so on; Fig. 2 shows icons for a text messaging application, an email application, and a navigation application.).
As per claim 9, it is a network device claim of claim 1, so it is rejected for similar reasons. Additionally, Chung teaches a network device comprising: a processor ([0023] The cloud simulator 200 may comprise a processing unit 210).
As per claims 10, 11, 13, 14, and 15 they are network device claims of claims 2, 3, 5, 6, and 7 so they are rejected for similar reasons.
As per claim 17, it is a non-transitory computer-readable storage medium claim of claim 1, so it is rejected for similar reasons. Additionally, Chung teaches a non-transitory computer-readable storage medium storing instructions executable by a processor of a network device, which when executed, causes the network device to ([0023] The processing unit 210 of the cloud simulator 200 can provide a corresponding virtual phone based on the authenticated identity of the user. The processing unit 210 which is coupled to the storage unit 220 can perform the method for executing applications of Android system of the present invention; [0032] the cloud server 200).
As per claims 18 and 19, they are non-transitory computer-readable storage medium claims of claims 5 and 3, so they are rejected for similar reasons.
Claims 4, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chung, Yoon, and Yoshitaka, as applied to claims 1, 9, and 17 above, in view of Plotkin et al. (US 20260042008 A1 hereinafter Plotkin)
As per claim 4, Chung, Yoon, and Yoshitaka teach the method of claim 1.
Chung, Yoon, and Yoshitaka fail to teach wherein the persona information includes predictive context information based on historical and current state information.
However, Plotkin teaches wherein the persona information includes predictive context information based on historical and current state information ([0454] The system may implement predictive context analysis that anticipates changes in user context based on current activity patterns, environmental cues, and historical behavior,).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Chung, Yoon, and Yoshitaka with the teachings of Plotkin to better predict user behavior (see Plotkin [0472] User behavior learning may improve prediction accuracy by analyzing historical patterns and preferences.).
As per claims 12 and 20, they are network device and non-transitory computer-readable storage medium claims of claim 4, so they are rejected for similar reasons.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung, Yoon, and Yoshitaka, as applied to claims 1 and 9 above, in view of Guntuku et al. (US 20210390441 A1 hereinafter Guntuku).
Guntuku was cited in a prior office action.
As per claim 8, Chung, Yoon, and Yoshitaka teach the method of claim 1.
Chung, Yoon, and Yoshitaka fail to teach wherein the network device is included in a multi-access edge computing (MEC) network.
However, Guntuku teaches wherein the network device is included in a multi-access edge computing (MEC) network ([0028] MPEC platform 170 and/or other network devices described herein may refer to a dedicated hardware component implementing a network function instance or to a hardware component that is part of a common shared physical infrastructure used to implement virtualized network function instances using software defined networking (SDN) or another type of virtualization technique…The common shared physical infrastructure may be implemented using one or more computer devices in a cloud computing center, a multi-access edge computing (MEC) system).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Chung, Yoon, and Yoshitaka with the teachings of Guntuku since a multi-access edge computing (MEC) system reduces latency.
As per claim 16, it is a network device claim of claim 8, so it is rejected for similar reasons.
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 HSING CHUN LIN whose telephone number is (571)272-8522. The examiner can normally be reached Mon - Fri 9AM-5PM.
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/H.L./Examiner, Art Unit 2195 /Aimee Li/Supervisory Patent Examiner, Art Unit 2195
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