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 .
The response filed 6/4/2026 has been considered.
Claims 1-20 are pending.
Claims 1-20 stand rejected.
Claim Rejections - 35 USC § 102
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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-6, 9 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldberg et al. (Pub. No.: US 20180307893 A1), hereafter referred to as Goldberg.
In regard to Claim 1, Goldberg teaches A method of maintaining covert communications by a user equipment (UE) (mobile device, Para. 18-19), comprising: determining whether a user-initiated shutdown of the UE was initiated by an authorized user (a fingerprint of a person is acquired or received using a fingerprint scanner of a mobile device to trigger a power function (operation 101). To power-off the mobile device, the person may need to provide their fingerprint to the fingerprint scanner, Para. 18, FIGS. 1, 2. It is determining whether the person is authorized to use the mobile device based on or in response to the acquisition of the fingerprint (operation 102), Para. 21, FIGS. 1, 2).
Goldberg teaches providing a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user (After the fingerprint of the person is acquired in operation 101, the fingerprint is transmitted from the mobile device to an external source (operation 201), Para. 44, FIGS. 1, 2. The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102), Para. 45, FIGS. 1, 2. If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104), Para. 34, FIGS. 1, 2. The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, keeping tracking components of the mobile device on, tracking the mobile device, Para. 35, FIGS. 1, 2. Even if an unauthorized person powers off the device, the tracking components may remain on so that the mobile device can still be tracked by the authorized user. The tracking components remain on in the “false off” mode, Para. 38. Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor. The processors are also configured to perform the fingerprint authorization and corresponding function thereafter, as described with reference to FIG. 1, Para. 61, FIGS. 1, 4A, 4B).
Goldberg teaches transitioning the UE to a covert low power mode managed by a state manager in response to the notification (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIGS. 1, 2. The processors are configured to delegate power functions to the fingerprint scanners 402a and 402b, Para. 61, FIGS. 4A, 4B), wherein the covert low power mode supplies power to one or more transceivers (emailing the fingerprint to a predetermined address, Para. 35, FIGS. 1, 2. The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police, Para. 36, FIGS. 1, 2. Location coordinates of the mobile device are transmitted from the mobile device to the external source. Data transmission between the mobile device and the external source may be performed wirelessly, Para. 46, FIGS. 1, 2).
Goldberg teaches transmitting a location of the UE while in the covert low power mode (location coordinates of the mobile device are transmitted from the mobile device to the external source. As such, the mobile device can be tracked and located, Para. 46).
In regard to Claim 4, Goldberg teaches processing a received global positioning satellite (GPS) signal to determine the location of the UE while in the covert low power mode; and transmitting the location of the UE determined from the GPS signal while in the covert low power mode (The location of the mobile device may be determined by location services thereof, which includes Global Positioning System (GPS) networks, Para. 25. The tracking components of the mobile device may include a GPS receiver. Accordingly, even if an unauthorized person powers off the device, the tracking components may remain on so that the mobile device can still be tracked by the authorized user. The tracking components remain on in the “false off” mode, Para. 38).
In regard to Claim 5, Goldberg teaches determining whether the user-initiated shutdown of the UE was initiated by the authorized user comprises determining that the user-initiated shutdown was not initiated by the authorized user in response to an authentication failure as a part of the user-initiated shutdown (a fingerprint of a person is acquired or received using a fingerprint scanner of a mobile device to trigger a power function (operation 101). To power-off the mobile device, the person may need to provide their fingerprint to the fingerprint scanner, Para. 18, FIGS. 1, 2. It is determining whether the person is authorized to use the mobile device based on or in response to the acquisition of the fingerprint (operation 102), Para. 21, FIGS. 1, 2. After the fingerprint of the person is acquired in operation 101, the fingerprint is transmitted from the mobile device to an external source (operation 201), Para. 44, FIGS. 1, 2. The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102), Para. 45, FIGS. 1, 2. If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104), Para. 34, FIGS. 1, 2).
In regard to Claim 6, Goldberg teaches emulating user-facing functionality of a full shutdown of the UE while the UE is in the covert low power mode (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIG. 1, 2. When the mobile device is maintained in the power-on state unbeknownst to the person, the mobile device may appear to be powered-off in a “false off” mode while still running core operations. As such, the person may be deceived into thinking the mobile device is off, Para. 36, FIGS. 1, 2. The screen of the mobile device may be turned off to deceive the person using the mobile device, Para. 37, FIGS. 1, 2).
In regard to Claim 9, Goldberg teaches A user equipment (UE) (mobile device, Para. 18-19), comprising: one or more wireless transceivers (The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police, Para. 36, FIGS. 1, 2. Location coordinates of the mobile device are transmitted from the mobile device to the external source. Data transmission between the mobile device and the external source may be performed wirelessly, Para. 46, FIGS. 1, 2); a memory (By using the external source to make the determination, less memory and processing power is required of the mobile device, Para. 48, FIGS. 4A, 4B); and a processing system coupled to the one or more wireless transceivers and the memory and including one or more processors (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B) configured to: determine whether a user-initiated shutdown of the UE was initiated by an authorized user (a fingerprint of a person is acquired or received using a fingerprint scanner of a mobile device to trigger a power function (operation 101). To power-off the mobile device, the person may need to provide their fingerprint to the fingerprint scanner, Para. 18, FIGS. 1, 2. It is determining whether the person is authorized to use the mobile device based on or in response to the acquisition of the fingerprint (operation 102), Para. 21, FIGS. 1, 2).
Goldberg teaches provide a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user (After the fingerprint of the person is acquired in operation 101, the fingerprint is transmitted from the mobile device to an external source (operation 201), Para. 44, FIGS. 1, 2. The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102), Para. 45, FIGS. 1, 2. If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104), Para. 34, FIGS. 1, 2. The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, keeping tracking components of the mobile device on, tracking the mobile device, Para. 35, FIGS. 1, 2. Even if an unauthorized person powers off the device, the tracking components may remain on so that the mobile device can still be tracked by the authorized user. The tracking components remain on in the “false off” mode, Para. 38. Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor. The processors are also configured to perform the fingerprint authorization and corresponding function thereafter, as described with reference to FIG. 1, Para. 61, FIGS. 1, 4A, 4B).
Goldberg teaches transition the UE to a covert low power mode managed by a state manager in response to the notification (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIGS. 1, 2. The processors are configured to delegate power functions to the fingerprint scanners 402a and 402b, Para. 61, FIGS. 4A, 4B), wherein the covert low power mode supplies power to one or more transceivers (emailing the fingerprint to a predetermined address, Para. 35, FIGS. 1, 2. The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police, Para. 36, FIGS. 1, 2. Location coordinates of the mobile device are transmitted from the mobile device to the external source. Data transmission between the mobile device and the external source may be performed wirelessly, Para. 46, FIGS. 1, 2).
Goldberg teaches transmit a location of the UE while in the covert low power mode (location coordinates of the mobile device are transmitted from the mobile device to the external source. As such, the mobile device can be tracked and located, Para. 46).
In regard to Claim 12, Goldberg teaches the one or more processors are further configured to: process a received global positioning satellite (GPS) signal to determine the location of the UE while in the covert low power mode; and transmit the location of the UE determined from the GPS signal while in the covert low power mode (The location of the mobile device may be determined by location services thereof, which includes Global Positioning System (GPS) networks, Para. 25. The tracking components of the mobile device may include a GPS receiver. Accordingly, even if an unauthorized person powers off the device, the tracking components may remain on so that the mobile device can still be tracked by the authorized user. The tracking components remain on in the “false off” mode, Para. 38).
In regard to Claim 13, Goldberg teaches the one or more processors are configured to determine that the user-initiated shutdown was not initiated by the authorized user in response to an authentication failure as a part of the user-initiated shutdown (a fingerprint of a person is acquired or received using a fingerprint scanner of a mobile device to trigger a power function (operation 101). To power-off the mobile device, the person may need to provide their fingerprint to the fingerprint scanner, Para. 18, FIGS. 1, 2. It is determining whether the person is authorized to use the mobile device based on or in response to the acquisition of the fingerprint (operation 102), Para. 21, FIGS. 1, 2. After the fingerprint of the person is acquired in operation 101, the fingerprint is transmitted from the mobile device to an external source (operation 201), Para. 44, FIGS. 1, 2. The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102), Para. 45, FIGS. 1, 2. If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104), Para. 34, FIGS. 1, 2).
In regard to Claim 14, Goldberg teaches the one or more processors are configured to emulate user-facing functionality of a full shutdown of the UE while the UE is in the covert low power mode (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIG. 1, 2. When the mobile device is maintained in the power-on state unbeknownst to the person, the mobile device may appear to be powered-off in a “false off” mode while still running core operations. As such, the person may be deceived into thinking the mobile device is off, Para. 36, FIGS. 1, 2. The screen of the mobile device may be turned off to deceive the person using the mobile device, Para. 37, FIGS. 1, 2).
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.
The factual inquiries 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.
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Alameh et al. (Pub. No.: US 20190258785 A1), hereafter referred to as Alameh.
In regard to Claim 2, as presented in the rejection of Claim 1, Goldberg teaches the covert low power mode.
Goldberg fails to teach transitioning to the covert low power mode further comprising: turning OFF at least two of: a digital signal processor (DSP), an image signal processor (ISP), a secure processor, a visual display processor, or an audio processor.
Alameh teaches transitioning to the covert low power mode further comprising: turning OFF at least two of: a digital signal processor (DSP), an image signal processor (ISP), a secure processor, a visual display processor, or an audio processor (where there is an unauthorized user, and that unauthorized user attempts to power OFF the electronic device, in response to the command to power OFF the electronic device, the one or more processors emulate a powered OFF state by disabling user output devices such as visual output devices, audio output devices, haptic output devices, or combinations thereof, Para. 22, FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Alameh with the teachings of Goldberg since Alameh provides a technique for disabling certain devices within an electronic device in response to an unauthorized user, which can be introduced into the arrangement of Goldberg to permit certain components of mobile devices to be powered off in response to unauthorized persons.
In regard to Claim 10, as presented in the rejection of Claim 9, Goldberg teaches the covert low power mode.
Goldberg fails to teach the one or more processors are configured to transition to the covert low power mode by turning OFF at least two of: a digital signal processor (DSP), an image signal processor (ISP), a secure processor, a visual display processor, or an audio processor.
Alameh teaches the one or more processors are configured to transition to the covert low power mode by turning OFF at least two of: a digital signal processor (DSP), an image signal processor (ISP), a secure processor, a visual display processor, or an audio processor (where there is an unauthorized user, and that unauthorized user attempts to power OFF the electronic device, in response to the command to power OFF the electronic device, the one or more processors emulate a powered OFF state by disabling user output devices such as visual output devices, audio output devices, haptic output devices, or combinations thereof, Para. 22, FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Alameh with the teachings of Goldberg since Alameh provides a technique for disabling certain devices within an electronic device in response to an unauthorized user, which can be introduced into the arrangement of Goldberg to permit certain components of mobile devices to be powered off in response to unauthorized persons.
Claim(s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Samuel et al. (Pub. No.: US 20150050945 A1), hereafter referred to as Samuel.
In regard to Claim 3, as presented in the rejection of Claim 1, Goldberg teaches one transceiver.
Goldberg fails to teach periodically and iteratively power ON each of the one or more transceivers while the UE is in the covert low power mode, the one or more transceivers including at least one of a 5G transceiver, a Wi-Fi transceiver, a BLUETOOTH transceiver, or a near-field communication (NFC) transceiver.
Samuel teaches periodically and iteratively power ON each of the one or more transceivers while the UE is in the covert low power mode, the one or more transceivers including at least one of a 5G transceiver, a Wi-Fi transceiver, a BLUETOOTH transceiver, or a near-field communication (NFC) transceiver (The application determines a location update interval and operation of the application is then locked, such that the location update interval cannot be altered by anyone other than an authorised end user. The communication device is operable to periodically send, in accordance with the parameters of the application, its location coordinates to a location server. If an end user is interested in locating a device having installed and enabled such a location update application, the end user logs in to the database or website operated by the application supplier and can view the last reported location update sent by the communication device, Para. 53. There can be ways to trace a device if it is using a WiFi link, Para. 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samuel with the teachings of Goldberg since Samuel provides a technique for periodically providing an indication of device location to a database, which can be introduced into the arrangement of Goldberg to permit tracking components to periodically send location coordinates of mobile devices to external sources.
In regard to Claim 11, as presented in the rejection of Claim 9, Goldberg teaches one transceiver.
Goldberg fails to teach the one or more processors are further configured to periodically and iteratively power ON each of the one or more transceivers while the UE is in the covert low power mode, the one or more transceivers including at least one of a 5G transceiver, a Wi-Fi transceiver, a BLUETOOTH transceiver, or a near-field communication (NFC) transceiver.
Samuel teaches the one or more processors are further configured to periodically and iteratively power ON each of the one or more transceivers while the UE is in the covert low power mode, the one or more transceivers including at least one of a 5G transceiver, a Wi-Fi transceiver, a BLUETOOTH transceiver, or a near-field communication (NFC) transceiver (The application determines a location update interval and operation of the application is then locked, such that the location update interval cannot be altered by anyone other than an authorised end user. The communication device is operable to periodically send, in accordance with the parameters of the application, its location coordinates to a location server. If an end user is interested in locating a device having installed and enabled such a location update application, the end user logs in to the database or website operated by the application supplier and can view the last reported location update sent by the communication device, Para. 53. There can be ways to trace a device if it is using a WiFi link, Para. 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samuel with the teachings of Goldberg since Samuel provides a technique for periodically providing an indication of device location to a database, which can be introduced into the arrangement of Goldberg to permit tracking components to periodically send location coordinates of mobile devices to external sources.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Shen (Pub. No.: US 20220337162 A1), hereafter referred to as Shen.
In regard to Claim 7, as presented in the rejection of Claim 1, Goldberg teaches the covert low power mode.
Goldberg fails to teach transitioning the UE to the covert low power mode managed by the state manager comprises the state manager configuring a first set of processors and transceivers that are powered in the covert low power mode and configuring a second set of processors and transceivers that are in reset in the covert low power mode.
Shen teaches transitioning the UE to the covert low power mode managed by the state manager comprises the state manager configuring a first set of processors and transceivers that are powered in the covert low power mode and configuring a second set of processors and transceivers that are in reset in the covert low power mode (components of the user device 102, such as the processors 116 and transceivers 126 may feature multiple operating or power states, such as idle, standby, sleep, deep sleep, and off. Additionally, some components (e.g., CPUs or GPUs) may also be configurable for different performance states, such as power saving, Para. 40, FIGS. 1, 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shen with the teachings of Goldberg since Shen provides a technique for managing multiple components with power states and power savings, which can be introduced into the arrangement of Goldberg to permit components of mobile devices to be managed with specific power states and power savings for greater efficiency of countermeasure functions.
In regard to Claim 15, as presented in the rejection of Claim 9, Goldberg teaches the covert low power mode.
Goldberg fails to teach the one or more processors are configured to transition the UE to the covert low power mode managed by the state manager by the state manager configuring a first set of processors and transceivers that are powered in the covert low power mode and configuring a second set of processors and transceivers that are in reset in the covert low power mode.
Shen teaches the one or more processors are configured to transition the UE to the covert low power mode managed by the state manager by the state manager configuring a first set of processors and transceivers that are powered in the covert low power mode and configuring a second set of processors and transceivers that are in reset in the covert low power mode (components of the user device 102, such as the processors 116 and transceivers 126 may feature multiple operating or power states, such as idle, standby, sleep, deep sleep, and off. Additionally, some components (e.g., CPUs or GPUs) may also be configurable for different performance states, such as power saving, Para. 40, FIGS. 1, 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shen with the teachings of Goldberg since Shen provides a technique for managing multiple components with power states and power savings, which can be introduced into the arrangement of Goldberg to permit components of mobile devices to be managed with specific power states and power savings for greater efficiency of countermeasure functions.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Yoshizawa et al. (Pub. No.: US 20190294828 A1), hereafter referred to as Yoshizawa.
In regard to Claim 8, as presented in the rejection of Claim 1, Goldberg teaches the covert low power mode.
Goldberg fails to teach receiving a power ON signal while in the covert low power mode; initiating a normal boot sequence from the covert low power mode upon receiving the power ON signal; and returning to the covert low power mode if the authorized user does not authenticate during the normal boot sequence.
Yoshizawa teaches receiving a power ON signal while in the covert low power mode (When the user executes instruction of sleep releasing in the sleep state T111, first, the user authentication section 1103 displays a PIN input screen 180a on the touch screen 180 (the display section 131) (S101). Then, presence or absence of the touch operation of the user to the touch screen 180 (the touch panel 123) is confirmed (S102), Para. 73, FIGS. 2, 3A); initiating a normal boot sequence from the covert low power mode upon receiving the power ON signal (the lock control section 1102 makes the operation state of the mobile information terminal 100 transit to the normal operation state T110 (S111) assuming that the authentication has succeeded, Para. 77, FIGS. 2, 3A); and returning to the covert low power mode if the authorized user does not authenticate during the normal boot sequence (When the numeric character string stored in the temporary storage region 1200 and the authentication information having been set beforehand and stored in the authentication information storage region 1011 by the user do not agree to each other (S110: No), the operation state of the mobile information terminal 100 is returned to the sleep state T111 (S112) assuming that the authentication has failed, Para. 77, FIG. 3A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yoshizawa with the teachings of Goldberg since Yoshizawa provides a technique for returning to a sleep state after authentication has failed, which can be introduced into the arrangement of Goldberg to permit mobile devices to return to increased power from reduced power after authorized users can be authenticated.
In regard to Claim 16, as presented in the rejection of Claim 9, Goldberg teaches the covert low power mode.
Goldberg fails to teach the one or more processors are configured to: receive a power ON signal while in the covert low power mode; initiate a normal boot sequence from the covert low power mode upon receiving the power ON signal; and return to the covert low power mode if the authorized user does not authenticate during the normal boot sequence.
Yoshizawa teaches the one or more processors are configured to: receive a power ON signal while in the covert low power mode (When the user executes instruction of sleep releasing in the sleep state T111, first, the user authentication section 1103 displays a PIN input screen 180a on the touch screen 180 (the display section 131) (S101). Then, presence or absence of the touch operation of the user to the touch screen 180 (the touch panel 123) is confirmed (S102), Para. 73, FIGS. 2, 3A); initiate a normal boot sequence from the covert low power mode upon receiving the power ON signal (the lock control section 1102 makes the operation state of the mobile information terminal 100 transit to the normal operation state T110 (S111) assuming that the authentication has succeeded, Para. 77, FIGS. 2, 3A); and return to the covert low power mode if the authorized user does not authenticate during the normal boot sequence (When the numeric character string stored in the temporary storage region 1200 and the authentication information having been set beforehand and stored in the authentication information storage region 1011 by the user do not agree to each other (S110: No), the operation state of the mobile information terminal 100 is returned to the sleep state T111 (S112) assuming that the authentication has failed, Para. 77, FIG. 3A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yoshizawa with the teachings of Goldberg since Yoshizawa provides a technique for returning to a sleep state after authentication has failed, which can be introduced into the arrangement of Goldberg to permit mobile devices to return to increased power from reduced power after authorized users can be authenticated.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg et al. (Pub. No.: US 20180307893 A1) in view of Alameh et al. (Pub. No.: US 20190258785 A1), hereafter respectively referred to as Goldberg and Alameh.
In regard to Claim 17, Goldberg teaches A user equipment (UE) (mobile device, Para. 18-19) comprising: a wireless transceiver (The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police, Para. 36, FIGS. 1, 2. Location coordinates of the mobile device are transmitted from the mobile device to the external source. Data transmission between the mobile device and the external source may be performed wirelessly, Para. 46, FIGS. 1, 2); a covert processor (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B); a covert state manager (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B); and a processor executing an operating system (virtual applications and operating systems 74, Para. 85, FIG. 6) coupled to the wireless transceiver (The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police, Para. 36, FIGS. 1, 2. Location coordinates of the mobile device are transmitted from the mobile device to the external source. Data transmission between the mobile device and the external source may be performed wirelessly, Para. 46, FIGS. 1, 2), covert processor (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B), and covert state manager (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B), wherein: the processor (virtual applications and operating systems 74, Para. 85, FIG. 6) is configured to notify the covert state manager (Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B) in the event of a hard shutdown of the UE without authentication of a user (After the fingerprint of the person is acquired in operation 101, the fingerprint is transmitted from the mobile device to an external source (operation 201), Para. 44, FIGS. 1, 2. The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102), Para. 45, FIGS. 1, 2. If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104), Para. 34, FIGS. 1, 2).
Goldberg teaches the covert state manager is configured to initiate a covert low power mode by: signaling the wireless transceiver and the covert processor to enter the covert low power mode (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIGS. 1, 2. Referring to both FIGS. 4A and 4B, each of the mobile device 401a and 401b includes a processor, Para. 61, FIGS. 4A, 4B).
Goldberg teaches powering down the processor and other subcomponents of the UE (reducing power of the mobile device, Para. 35, FIGS. 1, 2).
Goldberg teaches the covert processor is configured to cause the wireless transceiver to transmit information including UE location and status information in response to the signal identifying the accessible network (location coordinates of the mobile device are transmitted from the mobile device to the external source. As such, the mobile device can be tracked and located, Para. 46. The mobile device may store a list of Service Set Identifiers (SSIDs) of nearby Wi-Fi networks, Para. 27. Broad network access: capabilities are available over a network and accessed through standard mechanisms that promote use by heterogeneous thin or thick client platforms (e.g., mobile phones, laptops, and PDAs), Para. 68).
Goldberg fails to teach the wireless transceiver is configured to periodically monitor for an accessible wireless network while in the covert low power mode and signal the covert processor in response to identifying an accessible wireless network.
Alameh teaches the wireless transceiver is configured to periodically monitor for an accessible wireless network while in the covert low power mode and signal the covert processor in response to identifying an accessible wireless network (the one or more processors 205 can periodically wake to perform the environmental monitoring with the operational user interface devices. This works to conserve battery capacity. When operational, the one or more processors 205 can gather information, attempt to send identify the authorized user, deliver data representations of the one or more environmental inputs received to a remote electronic device, Para. 122, FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Alameh with the teachings of Goldberg since Alameh provides a technique for disabling certain devices within an electronic device in response to an unauthorized user, which can be introduced into the arrangement of Goldberg to permit certain components of mobile devices to be powered off in response to unauthorized persons.
In regard to Claim 18, Goldberg teaches a Global Positioning System (GPS) receiver coupled to the covert processor, wherein the covert processor is further configured to: request UE location information from the GPS receiver in response to the signal identifying the accessible network; and provide UE location information received from the GPS receiver to the wireless transceiver for inclusion in transmissions of UE location and status information (The location of the mobile device may be determined by location services thereof, which includes Global Positioning System (GPS) networks, Para. 25. The tracking components of the mobile device may include a GPS receiver. Accordingly, even if an unauthorized person powers off the device, the tracking components may remain on so that the mobile device can still be tracked by the authorized user. The tracking components remain on in the “false off” mode, Para. 38).
In regard to Claim 19, Goldberg teaches the wireless transceiver comprises at least one of a 5G transceiver, a Wi-Fi transceiver, a BLUETOOTH transceiver, or a near-field communication (NFC) transceiver (Nearby devices may be connected to or “seen” by the mobile device via Near-field Communication (NFC), Bluetooth, Wi-Fi, etc., Para. 27. Data transmission between the mobile device and the external source may be performed wirelessly, such as through Wi-Fi, satellite, Bluetooth, etc., Para. 46).
In regard to Claim 20, Goldberg teaches the covert processor is further configured to emulate user-facing functionality of a full shutdown of the UE while the UE is in the covert low power mode (The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, Para. 35, FIG. 1, 2. When the mobile device is maintained in the power-on state unbeknownst to the person, the mobile device may appear to be powered-off in a “false off” mode while still running core operations. As such, the person may be deceived into thinking the mobile device is off, Para. 36, FIGS. 1, 2. The screen of the mobile device may be turned off to deceive the person using the mobile device, Para. 37, FIGS. 1, 2).
Response to Arguments
I. Arguments for the Claim Rejections under 35 USC § 102 and 103
Pages 7-8 of the Remarks present the argument that Independent claim 1 recites, in pertinent part, "providing a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user" and "transitioning the UE to a covert low power mode managed by a state manager in response to the notification, wherein the covert low power mode supplies power to one or more transceivers." Independent claim 9 recites similar features. Applicant respectfully submits that the primary reference, Goldberg, fails to disclose at least these features. This argument is not persuasive. Goldberg teaches in Para. 45 and FIGS. 1 and 2: “The mobile device receives an indication from the external source whether the person is authorized to use the mobile device. Accordingly, it is determined whether the person is authorized or not (operation 102)” (emphasis added). Goldberg teaches in Para. 61 and FIGS. 4A and 4B: “Referring to both FIGS. 1, 4A and 4B, each of the mobile device 401a and 401b includes a processor. … The processors are also configured to perform the fingerprint authorization and corresponding function thereafter, as described with reference to FIG. 1” (emphasis added). Reception of an authorization indication by a mobile device where fingerprint authorization and corresponding function are performed by a processor of Goldberg, is substantively the same as providing a notification to a processor of Claim 1.
Goldberg teaches in Para. 34 and FIGS. 1 and 2: “If it is determined that the person is not authorized to use the mobile device, a countermeasure function is performed (operation 104)” (emphasis added). Goldberg teaches in Para. 35 and FIGS. 1 and 2: “The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device” (emphasis added). Reception of an indication by a mobile device controlled by a processor of Goldberg for maintaining a power-on state after determining a person is not authorized, is substantively the same as providing a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user of Claim 1.
Goldberg teaches in Para. 35 and FIGS. 1 and 2: “The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device” (emphasis added). A countermeasure function of Goldberg reducing power of a mobile device in a power-on state that is unbeknownst to an unauthorized person, is substantively the same as transitioning the UE to a covert low power mode of Claim 1.
Goldberg teaches in Para. 61 and FIGS. 4A and 4B: “The processors are configured to delegate power functions to the fingerprint scanners 402a and 402b” (emphasis added). A countermeasure function of Goldberg reducing power of a mobile device in a power-on state that is unbeknownst to an unauthorized person, where power functions are delegated to fingerprint scanners, and after determining a person is not authorized through a received indication, is substantively the same as transitioning the UE to a covert low power mode managed by a state manager in response to the notification of Claim 1.
Goldberg teaches in Para. 35 and FIGS. 1 and 2: “The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person, reducing power of the mobile device, keeping tracking components of the mobile device on, tracking the mobile device, emailing the fingerprint to a predetermined address” (emphasis added). Goldberg teaches in Para. 36 and FIGS. 1 and 2: “For example, when the mobile device is maintained in the power-on state unbeknownst to the person, the mobile device may appear to be powered-off in a “false off” mode while still running core operations. … The mobile device may be configured to continue collecting data of the person to ascertain their identity while in the “false off” mode. This data may be transmitted to the authorized user or the police” (emphasis added). A countermeasure function of Goldberg reducing power of a mobile device in a power-on state that is unbeknownst to an unauthorized person, and the mobile device transmitting fingerprint email and collected data of the unauthorized person, is substantively the same as wherein the covert low power mode supplies power to one or more transceivers of Claim 1.
Page 8 of the Remarks presents the argument that However, even if this alleged operation is arguendo the case, this is not what Claim 1 recites, which is that the notification be provided to a processor, and the processor is "configured to remain ON". The fact that Goldberg's mobile devices 401a and 401b each include a processor (See Goldberg [0061]) does not suggest that the notification is being provided to a processor or that the processor is configured to remain ON. This argument is not persuasive. Goldberg teaches in Para. 61 and FIGS. 1, 4A and 4B: “The processors are also configured to perform the fingerprint authorization and corresponding function thereafter, as described with reference to FIG. 1” (emphasis added). Reception of an authorization indication by a mobile device where fingerprint authorization and corresponding function thereafter are performed by a processor of Goldberg, is substantively the same as providing a notification to a processor of Claim 1.
Goldberg teaches in Para. 35 and FIGS. 1 and 2: “The countermeasure function may be at least one of the following: maintaining the mobile device in a power-on state unbeknownst to the person” (emphasis added). A processor is a component of a mobile device of Goldberg that performs fingerprint authorization and corresponding function thereafter. As a result, reception of an authorization indication by a mobile device where fingerprint authorization and corresponding function thereafter are performed by a processor of Goldberg for maintaining a power-on state after determining a person is not authorized, is substantively the same as providing a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user of Claim 1.
Page 8 of the Remarks presents the argument that The claimed architecture is different because the determination of an unauthorized shutdown event generates an internal notification delivered directly to a specific processor configured to remain ON. This argument is not persuasive. Claim 1 recites: “providing a notification to a processor configured to remain ON in response to determining that the user-initiated shutdown was not initiated by the authorized user” (emphasis added). Claim 1 does not require that a notification is generated internally within user equipment, and does not require that the notification is provided by a device internal to the user equipment. Claim 1 also does not require that a notification is provided directly from an internal device to a processor. If there are features in the Specification of the Application that clarify a device internal to user equipment that provides a notification directly to a processor in the user equipment, such features are not positively recited in the language of Claim 1.
Page 8 of the Remarks presents the argument that This always-ON processor then coordinates the subsequent operations of the UE while other components are powered down. This argument is not persuasive. Claim 1 recites: “transitioning the UE to a covert low power mode” (emphasis added). Claim 1 recites that the UE is transitioned to a covert low power mode, but Claim 1 does not indicate components within the UE that are transitioned to the covert low power mode. If there are features in the Specification of the Application that clarify which components within the UE are transitioned to the covert low power mode, such features are not positively recited in the language of Claim 1.
Page 8 of the Remarks presents the argument that Goldberg fails to describe the claimed internal notification to a remain-ON processor; at most, Goldberg mentions keeping certain "tracking components" active, which does not equate to a state manager that transitions the UE to a covert low-power mode. This argument is not persuasive. Goldberg teaches in Para. 61 and FIGS. 4A and 4B: “The processors are configured to delegate power functions to the fingerprint scanners 402a and 402b” (emphasis added). This shows that fingerprint scanners 402a and 402b of Goldberg are delegated the power functions, which include a power-on state unbeknownst to an unauthorized person. A countermeasure function of Goldberg reducing power of a mobile device in a power-on state that is unbeknownst to an unauthorized person, where power functions are delegated to fingerprint scanners, and after determining a person is not authorized through a received indication, is substantively the same as transitioning the UE to a covert low power mode managed by a state manager in response to the notification of Claim 1.
Page 9 of the Remarks presents the argument that That is, Goldberg fails to identify any component corresponding to the claimed "state manager" that actively manages the transition. This argument is not persuasive. Claim 1 recites: “transitioning the UE to a covert low power mode managed by a state manager in response to the notification” (emphasis added). Claim 1 does not require that a state manager manages the transitioning. Claim 1 requires that only a covert low power mode is managed by a state manager.
Page 9 of the Remarks presents the argument that Goldberg describes only generic countermeasure functions and, at best, a general-purpose processor that delegates certain power functions to a fingerprint scanner. This argument is not persuasive. A power-on state unbeknownst to an unauthorized person is associated with power functions of Goldberg, where fingerprint scanners 402a and 402b of Goldberg are delegated the power functions, and as a result, fingerprint scanners 402a and 402b of Goldberg are substantively the same as a state manager of Claim 1, and a power-on state unbeknownst to an unauthorized person that is associated with power functions delegated to fingerprint scanners 402a and 402b of Goldberg is substantively the same as a covert low power mode managed by a state manager of Claim 1.
Page 9 of the Remarks presents the argument that Neither the generic countermeasure functions nor the delegation-of-power functions of a general-purpose processor expressly or inherently describe a dedicated state manager that manages the transition of the UE into a covert low-power mode. This argument is not persuasive. Claim 1 recites: “transitioning the UE to a covert low power mode managed by a state manager in response to the notification” (emphasis added). Claim 1 does not require that a state manager manages the transitioning. Claim 1 requires that only a covert low power mode is managed by a state manager.
Page 9 of the Remarks presents the argument that The claimed state manager is a discrete, functional component that is absent from Goldberg. This argument is not persuasive. A power-on state unbeknownst to an unauthorized person is associated with power functions of Goldberg, where fingerprint scanners 402a and 402b of Goldberg are delegated the power functions, and as a result, fingerprint scanners 402a and 402b of Goldberg are substantively the same as a state manager of Claim 1, and a power-on state unbeknownst to an unauthorized person that is associated with power functions delegated to fingerprint scanners 402a and 402b of Goldberg is substantively the same as a covert low power mode managed by a state manager of Claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET.
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Joshua Smith
/J.S./
7-25-2026
/CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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