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
2. The action is responsive to the communications filed on 1/30/2026. Claims 1-18 are pending in the case. Claims 16-18 are newly added. Claims 1, 14, 15 are independent claims. Claims 1, 3-11, 13-22 are rejected.
Summary of claims
3. Claims 1-18 are pending,
Claims 16-18 are newly added,
Claims 1, 14, 15 are independent claims,
Claims 1-15 are rejected.
Remarks
4. Applicant’s arguments, see Remarks, filed on 1/30/2026, with respect to the rejection(s) of claim(s) 1-18 under 103 have been fully considered and are not persuasive.
Applicant argued on pages 8-10 that the cited references including Forutanpour, Grossman, Filippov, Mistry did not teach the cited limitations in claim 1, such as, “…a plurality of independently configurable graphical elements, including a first independently configurable graphical element to be populated with information from an application on the electronic device…including populating the first independently configurable graphical element with information from the application on the electronic device…” Examiner respectfully disagrees and submits that at least Filippov discloses sending a collection of widgets from one device to another device, the collection of widgets comprises one or more widget representation, as shown in Fig. 3, the plurality of widgets, such as weather 160-6, clock 160-7, please note when a widget representation is sent from mobile device A to mobile device B, at least the appearance of the representation is the information from an application on mobile device A. Further, Filippov discloses in [0056] that Users 108 may modify (i.e., add or remove widgets, change the location where the widget representation is located when the widget sub-collection representation 155-N is displayed, change the appearance of the widget sub-collection representation 155-N, etc.), that is, the appearance of the representation is sent from mobile A to mobile B, and the user of mobile B may change this information.
Accordingly, the cited references still read on the amended limitations in claim 1.
Claim Rejections - 35 USC § 103
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 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.
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1-2, 4-15 are rejected under 35 U.S.C. 103 as being unpatentable over Babak Forutanpour et al (US Publication 20110083111 A1, hereinafter Forutanpour), and in view of Joel Grossman et al (US Publication 20050278757 A1, hereinafter Grossman), and Vasily Filippov et al (US Publication 20110197165 A1, hereinafter Filippov).
As for independent claim 1, Forutanpour discloses: An electronic device (Forutanpour: Abstract, Methods and devices provide a gesture activated file sharing functionality enabling users to share files with other nearby computing devices), comprising:
a display (Forutanpour: [0006], displaying a launch pad on a touchscreen user interface); one or more processors (Forutanpour: [0009], a mobile device that includes a processor, a display coupled to the processor, a touch sensitive surface coupled to the processor, a memory coupled to the processor, and at least one wireless transceiver coupled to the processor, in which the processor is configured with processor-executable instructions to perform operations of the various aspect methods); and memory storing one or more programs configured to be executed by the one or more processors (Forutanpour: [0009], a mobile device that includes a processor, a display coupled to the processor, a touch sensitive surface coupled to the processor, a memory coupled to the processor, and at least one wireless transceiver coupled to the processor, in which the processor is configured with processor-executable instructions to perform operations of the various aspect methods), the one or more programs including instructions for: detecting a first input corresponding to a request to obtain a user-configurable graphical construct from a respective source (Forutanpour: Figs. 21-24, user may use a gesture to request to obtain a file transfer from a device nearby, please note the file may be any file or data shared by the devices; for a user-configurable graphical construct, see more in Grossman), … the request to obtain the user-configurable graphical construct from the respective source includes a request to obtain reference information retrieved by the electronic device from a physical object that is in proximity to the electronic device (Forutanpour: [0003], To use NFC, the senders and recipients of files must be in very close proximity; [0076], identify the intended recipient of the file and initiate the transmission of the selected file to the intended computing device; [0145], the requesting computing device may send a message to the targeted computing device requesting files, and receive files from the targeted computing device 10 at block 5010 ); in response to detecting the first input, obtaining, based on the reference information, data representing the user-configurable graphical construct (Forutanpour: Figs. 29-30, user may request to obtain a file from another device; [0145], the requesting computing device may send a message to the targeted computing device requesting files, and receive files (obtain) from the targeted computing device 10 at block 5010); and causing display of the user-configurable graphical construct based on the data representing the user-configurable graphical construct (Forutanpour: Fig. 22, [0113]-[0114], The requesting computing device 10a may receive and display the file);
Forutanpour discloses requesting and receiving a file shared from another device nearby, but does not clearly disclose the transferred file is a user-configurable graphical construct, in an analogous art of wirelessly sharing file and data between devices, Grossman discloses: detecting a first input corresponding to a request to obtain a user-configurable graphical construct from a respective source (Grossman: Abstract, downloading watch faces to a mobile electronic device); wherein the user-configurable graphical construct includes a plurality of independently configurable graphical elements, including a first independently configurable graphical element to be populated with information from an application on the electronic device (Grossman: [0036], weather channel, movies channel, stock channel, and the like);
Forutanpour and Grossman are in analogous art because they are in the same field of endeavor, wirelessly sharing file and data between devices in response to user interaction. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Forutanpour using the teachings of Grossman to include wirelessly sharing watch faces based on user input. The motivation is to provide Forutanpour’s device with enhanced capabilities of sharing file and data between devices easily and intuitively.
Further, Forutanpour and Grossman do not clearly disclose the user-configurable graphical construct includes a plurality of independently configurable graphical elements, in another analogous art of sharing file and data between devices in response to user interaction, Filippov discloses: wherein: the user-configurable graphical construct includes a plurality of independently configurable graphical elements, including a first independently configurable graphical element to be populated with information from an application on the electronic device … data representing the user-configurable graphical construct, including data identifying the plurality of independently configurable graphical elements without including information from the respective source for populating the first independently configurable graphical element; causing display of the user-configurable graphical construct based on the data representing the user-configurable graphical construct, including populating the first independently configurable graphical element with information from the application on the electronic device (Filippov: [0039], a plurality of widgets 160-N rendered on the mobile device display 150. When the user 108 in FIG. 2 selects the widget sub-collection representation 155-2, the widget organizing process 140-2 renders the plurality of widgets (160-6, 160-7, 160-8, 160-9 and 160-10) associated with widget sub-collection representation 155-2 on the mobile device display 150. In other words, widget sub-collection representation 155-2 is a widget that, when selected, renders a plurality of widget representations 160-N that are each selectable to render a respective widget; Filippov discloses sending a collection of widgets from one device to another device, the collection of widgets comprises one or more widget representation, as shown in Fig. 3, the plurality of widgets, such as weather 160-6, clock 160-7, please note when a widget representation is sent from mobile device A to mobile device B, the appearance of the widget representation is sent over, the specific data content such as weather data and time data is not sent over, and mobile device B will display the real-time weather data and time content based on its own location and setting) … while displaying the user-configurable graphical construct, receiving a set of one or more inputs corresponding to a request to change a second independently configurable graphical element of the plurality of independently configurable graphical elements; and in response to receiving the set of one or more inputs corresponding to the request to change the second independently configurable graphical element, displaying, via the display, the user- configurable graphical construct with a modified first independently configurable graphical element based on the request to change the second independently configurable graphical element (Filippov: [0038], a user 108 might select widget representation 160-2. The widget organizing process 140-2 would then render widget representation 160-2 on the mobile device display 150 as a plurality of collection of widgets 165; [0040], Each of the plurality of widgets 160-N displayed in widget sub-collection representation 155-3 may also be selected to render the respective widget; [0043], When the user 108 selects a widget 160-21 from the list view, the widget organizing process 140-2 renders the widget 160-21 along with the widget sub-collection representation 155-5; [0056], Users 108 may modify (i.e., add or remove widgets, change the location where the widget representation is located when the widget sub-collection representation 155-N is displayed, change the appearance of the widget sub-collection representation 155-N, etc.); please note the appearance of the widget representation is populated from the application on the electronic device and the user may modify it; [0115], the widget organizing process 140-2 allows a user 108 to manipulate an order in which at least one widget representation 160-N is rendered within the list view on the mobile device display).
Forutanpour and Filippov are in analogous art because they are in the same field of endeavor, sharing file and data between devices in response to user interaction. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Forutanpour using the teachings of Filippov to include modifying a sub-collection including plurality of independent graphic elements in the display. The motivation is to provide Forutanpour’s device with enhanced capabilities of customizing the shared graphic elements based on user’s needs).
As for claim 2, Forutanpour-Grossman-Filippov discloses: wherein the input corresponding to the request to obtain the user-configurable graphical construct from the respective source that includes the reference information retrieved by the electronic device from the physical object that is in proximity to the electronic device includes at least one of i) an input optically scanning a visual code and ii) an input connecting to a near-field communication (NFC) transmitter (Forutanpour: [0003], To use NFC, the senders and recipients of files must be in very close proximity; [0076], identify the intended recipient of the file and initiate the transmission of the selected file to the intended computing device; [0145], the requesting computing device may send a message to the targeted computing device requesting files, and receive files from the targeted computing device 10 at block 5010).
As for claim 4, Forutanpour-Grossman-Filippov discloses: wherein the reference information is retrieved from an NFC transmitter (Forutanpour: [0003], To use NFC, the senders and recipients of files must be in very close proximity; [0076], identify the intended recipient of the file and initiate the transmission of the selected file to the intended computing device; [0145], the requesting computing device may send a message to the targeted computing device requesting files, and receive files from the targeted computing device 10 at block 5010).
As for claim 5, Forutanpour-Grossman-Filippov discloses: wherein the input corresponding to the request to obtain the user-configurable graphical construct from the respective source that includes the reference information retrieved by the electronic device from the physical object that is in proximity to the electronic device includes placing the electronic device in proximity to the NFC transmitter (Forutanpour: [0003], To use NFC, the senders and recipients of files must be in very close proximity; [0076], identify the intended recipient of the file and initiate the transmission of the selected file to the intended computing device; [0145], the requesting computing device may send a message to the targeted computing device requesting files, and receive files from the targeted computing device 10 at block 5010).
As for claim 6, Forutanpour-Grossman-Filippov discloses: wherein the data representing the user-configurable graphical construct include data customized to the respective source (Grossman: Abstract, The user may customize the watch faces they receive).
As for claim 7, Forutanpour-Grossman-Filippov discloses: wherein: prior to detecting the input corresponding to the request to obtain the user-configurable graphical construct from the respective source, a first plurality of graphical assets is stored on the electronic device (Grossman: Abstract, the user may select from a list of available watch faces); and the data customized to the respective source include at least one graphical asset not included in the first plurality of graphical assets (Grossman: Abstract, The user may customize the watch faces they receive).
As for claim 8, Forutanpour-Grossman-Filippov discloses: wherein the data customized to the respective source include data associated with a respective location of the physical object (Forutanpour: Abstract, The file sharing functionality may include establishing wireless links with nearby devices and determine their relative locations).
As for claim 9, Forutanpour-Grossman-Filippov discloses: wherein the data customized to the respective source include data associated with a respective event that is occurring when the input is detected (Forutanpour: [0112], Other request types may be created and customized based on user preferences; [125], to determine the location of the touch event at block 3504. At determination block 3506, the computing device may determine whether the touch event is within a designated area, such as in a launch pad 304. If the touch event is detected in the designated location (i.e., determination block 3506="Yes"), the computing device 10 may activate the file sharing functionality at block 3510. If the touch event is not detected in the designated location (i.e., determination block 3506="No"), the computing device 10 may perform normal graphical user interface (GUI) processing such as panning at block 3508).
As for claim 10, Forutanpour-Grossman-Filippov discloses: wherein the user-configurable graphical construct comprises a watch face (Grossman: Abstract, downloading watch faces to a mobile electronic device).
As for claim 11, Forutanpour-Grossman-Filippov discloses: wherein obtaining, based on the reference information, the data representing the user-configurable graphical construct includes: causing display of a user interface for accepting the data representing the user-configurable graphical construct (Grossman: Abstract, downloading watch faces to a mobile electronic device); and in response to detecting a user input indicating acceptance via the user interface, storing the data representing the user-configurable graphical construct (Grossman: Abstract, downloading watch faces to a mobile electronic device).
As for claim 12, Forutanpour-Grossman-Filippov discloses: the data representing the user-configurable graphical construct include a first graphical asset associated with the respective source; and displaying the user-configurable graphical construct includes displaying the first graphical asset (Forutanpour: Fig. 30, “Sender’s PIC” is a graphical asset associated with the respective source “Julie”).
As for claim 13, Forutanpour-Grossman-Filippov discloses: the data representing the user-configurable graphical construct include data representing an arrangement of a second graphical asset within the user-configurable graphical construct; and
displaying the user-configurable graphical construct includes arranging the second graphical asset within the user-configurable graphical construct based on the data representing the arrangement of the second graphical asset within the user-configurable graphical construct (Grossman: [0068], the user is hovering over the Binary LED control preview icon 910. In response to the hovering, full size image 920 is displayed of the Binary LED watch face).
As per Claim 14, it recites features that are substantially same as those features claimed by Claim 1, thus the rationales for rejecting Claim 1 are incorporated herein.
As per Claim 15, it recites features that are substantially same as those features claimed by Claim 1, thus the rationales for rejecting Claim 1 are incorporated herein.
6. Claims 3, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Forutanpour and Grossman and Filippov as applied on claim 1, and further in view of Pranav Mistry et al (US Publication 20140139637 A1, hereinafter Mistry).
As for claim 3, Forutanpour discloses sharing file and data between nearby devices through NFC, but does not clearly disclose using a QR code, Mistry discloses:
wherein the reference information is retrieved from a QR code scanned using a QR code scanner that is in communication with the electronic device (Mistry: [0234]: The device may include any of a number of decoders including barcode decoder 13430, visual tag decoder 13432, image recognizer 13434, or other image-based decoder 13436 (e.g. a decoder for QR codes, logos, or blink patterns of LEDs).
Forutanpour and Mistry are in analogous art because they are in the same field of endeavor, wirelessly transmitting file and data between devices in response to user interaction. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Forutanpour using the teachings of Mistry to include using QR code to identify the specific device. The motivation is to provide Forutanpour’s device with enhanced capabilities of sharing file and data between devices easily and intuitively.
As for claim 16, Forutanpour discloses sharing file and data between devices, but does not clearly disclose sharing a fitness data, Mistry discloses: wherein the information from the application includes fitness data from the application on the electronic device (Mistry: [0217], a particular time of day when the user has used a fitness application, such as in a fitness class);
Forutanpour and Mistry are in analogous art because they are in the same field of endeavor, wirelessly transmitting file and data between devices in response to user interaction. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Forutanpour using the teachings of Mistry to include sharing content including a fitness class information. The motivation is to provide Forutanpour’s device with enhanced capabilities of sharing specific data between devices easily and intuitively.
As for claim 17, Forutanpour-Grossman-Filippov-Mistry discloses: wherein the information from the application includes a scheduled event from the application on the electronic device (Grossman: [0093], appointment information used by a calendar program; Mistry: [0217], calendar feeds, health or activity feeds, notifications, weather feeds, or news… calendar and appointment information is displayed)
As for claim 18, Forutanpour-Grossman-Filippov-Mistry discloses: wherein the information from the application includes a list of stocks from the application on the electronic device (Grossman: [0036], a user's selected stocks they desire to track may be used in a stock channel; Mistry: [0217], calendar feeds, health or activity feeds, notifications, weather feeds, or news… calendar and appointment information is displayed; please note the notifications and news may include a list of stocks data)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hua Lu whose telephone number is 571-270-1410 and fax number is 571-270-2410. The examiner can normally be reached on Mon-Fri 7:30 am to 5:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached on 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 703-273-8300.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action. It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
/HUA LU/
Primary Examiner, Art Unit 2144