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 . Claims 1-66 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements are auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-66 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-30 of Application No. 16/214,433. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 2-66 are anticipated by claims 1-30 of the issued US patent application.
Instant Application:
Claims: 1
Issued US pat 16/214433
Claims: 1
A method executed by a mobile device that is configured to be in idle or non-idle states, that is housed in a hand-held enclosure or a portable enclosure, that is configured to communicate over the Internet via a wireless network, and that comprises an accelerometer attached in the enclosure for sensing a motion of the mobile device, the method comprising:
establishing, a connection between the mobile device and a first server over the Internet via the wireless network;
sensing, for a pre-defined time interval, by the mobile device using the accelerometer, a motion value of the mobile device;
comparing, by the mobile device, the sensed motion value to a threshold level;
sending, by the mobile device to the first server over the established connection, a message indicative of the sensed motion value, in response to the comparing of the sensed motion value;
when being in the idle state, staying in the idle state, in response to the sensed motion value being below the threshold level;
when being in the non-idle state, shifting to the idle state, in response to the sensed motion value being below the threshold level;
when being in the non-idle state, staying in the non-idle state, in response to the sensed motion value being above the threshold level;
when being in the idle state, shifting to the non-idle state, in response to the sensed motion value being above the threshold level;
receiving, by the mobile device via the wireless network over the Internet from a second server, a request for a content, in response to being in the idle state;
obtaining, by the mobile device, the requested content, in response to the receiving of the request; and sending, by the mobile device via the wireless network over the Internet to the second server, the obtained content
1.(Currently amended) A method for use with a resource associated with a criterion in a client device that communicates with a first server over the Internet, the client device is identified in the Internet using a first identifier and is associated with first and second state according to a utilization of the resource, the method comprising:
initiating, by the client device, communication with the first server over the Internet in response to connecting to the Internet, the communication comprises sending, by the client device, the first identifier to the first server over the Internet;
when connected to the Internet, periodically or continuously determining whether the resource utilization satisfies the criterion;
responsive to the determining that the utilization of the resource satisfies the criterion, shifting to the first state or staying in the first state;
responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting to the second state or staying in the second state;
responsive to being in the first state, receiving, by the client device, a request from the first server; and
performing a task, by the client device, in response to the receiving of the request from the first server,
wherein the method is further configured for fetching over the Internet a first content identified by a first content identifier from a web server that is distinct from the first server, and the task comprising:
receiving, by the client device, the first content identifier from the first server;
sending, by the client device, the first content identifier to the web server;
receiving, by the client device, the first content from the web server in response to the sending of the first content identifier; and
sending, by the client device, the received first content to the first server
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of U.S. Patent application 16/214433. Claim 1 of instant application is analogous to the issue the issued application. Except for the identified elements above, claims 1 of Application 16/214433 contains every elements of claim 1 in the earlier application and thus anticipate claim 1 of the instant application. This is a provisional obviousness-type double patenting.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the teaching of Shribman because by doing so it would allow a system to tunnel selection among group of tunnel devices over the internet connected plurality of content server and intermediary devices.
This is substantially similar in nature to this application as can clearly be seen. Although, the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar in nature of US patent app number 16/214433. This is a non-statutory obviousness-type double patenting rejection.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-29, 32-46, 48-55, 62-66 are rejected under 35 U.S.C. 103 as being unpatentable over Toksvig (US pub, 2012/0280917 A1) in view of Ly (US pub, 2013/0091273 A1)
Referring to claim 1, Toksvig taches a method executed by a mobile device that is configured to be in idle or non-idle states, that is housed in a hand-held enclosure or a portable enclosure (see ¶ Toksvig [012], Describes smartphone/tablet with Accerolometer gyroscope touch etc. has, inactive periods, device in power-saving state, [014], ex. Of where phone is in the user pocket and not used), that is configured to communicate over the Internet via a wireless network, and that comprises an accelerometer attached in the enclosure for sensing a motion of the mobile device (see ¶ [015]-[017], automatically determine the user intentions with respect to the mobile electronic device), the method comprising:
establishing, a connection between the mobile device and a first server over the Internet via the wireless network (Ly [014]-[017]: Client proxy 108, establishes connection to client proxy, see Fig. 1, ¶ [035], client connects to proxy server, [013], [105], [021], [024]-[027]);
sensing, for a pre-defined time interval, by the mobile device using the accelerometer, a motion value of the mobile device (Toskvig: [015], [021], [024]-[027], Accelerometer provides motion data, motion speed change detection);
comparing, by the mobile device, the sensed motion value to a threshold level (Toskvig: see ¶ [025], [026], [027], distinguishing significant Vs. Incidental movement);
sending, by the mobile device to the first server over the established connection, a message indicative of the sensed motion value, in response to the comparing of the sensed motion value (Ly: [017], [022]-[023], Proxy system transmit client state or message data, messages exchanged between client & server via proxy);
when being in the idle state, staying in the idle state, in response to the sensed motion value being below the threshold level (Toksvig: see ¶ [003], adjusting current state based on user intention and/or user identity, i.e. device transition to/from power-saving [012], [015], [021], the user has not used the mobile device for some time and the mobile device is stored in the user's pocket. Thus, the mobile device is currently in the power-saving state (e.g., with its screen dim or dark), and the input (e.g., touchscreen) of the mobile device is locked (i.e., in the input-lock state) [024]-[027],; [032] [046]);
when being in the non-idle state, shifting to the idle state, in response to the sensed motion value being below the threshold level (Toksvig: [024] Idle stay idle = low motion; non-idle[Wingdings font/0xE0] Idle =low motion; non-idle stay non-idle = high motion; idle [Wingdings font/0xE0] non-idle = high motion);
when being in the non-idle state, staying in the non-idle state, in response to the sensed motion value being above the threshold level (Toksvig: ¶ [025]- [026], device returns to power-saving (idle) if no interaction or minimal motion, see para [045] that indicate conditions in response to the sensed motion value being above a level, i.e. multiple conditions of the mobile electronic device may be combined into a single state. For example, during one state, the mobile electronic device may be both in the power-saving mode (e.g., the screen is darkened and the main processors are in the sleep mode) and the input component may be locked. In this case, the conditions of the power-saving sate and the input-lock state may be combined to form a single operation state. Similarly, during one state, the mobile electronic device may be both in the power-saving mode (e.g., the screen is darkened and the main processors are in the sleep mode) and security locked (i.e., password or PIN locked). In this case, the conditions of the power-saving sate and the security-lock state may be combined to form another operation state. In other words, there may be any number of operation states for a mobile electronic device, and each operation state may have any number of conditions of various types);
when being in the idle state, shifting to the non-idle state, in response to the sensed motion value being above the threshold level ([027], Device distinguishes low-motion vs high motion);
Toksvig teaches state based mobile device with sensor motion and Idling logic but expressly lacks receiving, by the mobile device via the wireless network over the Internet from a second server, a request for a content.
However, Ly, a relevant art in the same field of endeavor teaches cooperative proxy with auto discovery through network address translation. Furthermore Ly teaches receiving, by the mobile device via the wireless network over the Internet from a second server, a request for a content, (see Ly: [078] - [083], Proxies and Servers generating/forwarding requests); Furthermore Ly teaches obtaining, by the mobile device, the requested content, in response to the receiving of the request ([017], Proxy obtains content from origin server); and Ly teaches sending, by the mobile device via the wireless network over the Internet to the second server, the obtained content (Ly: [080]-[083], Proxy forwards content, reconstructed packets, responses back).
It would have been obvious to an ordinary person skilled in the art at the time invention was made to modify Toksvigs mobile device to be coupled with a multiple client server networks of Ly to enable proxy devices to communicate using direct client server connection. The combination of network devices would have been obvious to an ordinary artisan to include motion based idle and non-idling state determination of Toksvig to include proxy based network communication and content delivery system as taught by Ly in order to optimize network communication behavior of a mobile device, reduce unnecessary network traffic and improve power efficiency and responsiveness.
Referring to claim 2, Ly teaches the method according to claim 1, wherein the first and second servers communicate over the Internet (Fig. 1, 2 First and second server communicate over the internet).
Referring to claim 3, Ly teaches the method according to claim 1, wherein the content is identified using a content identifier, and wherein the request comprises the content identifier (see ¶ [013], Generic detection of message from client to server includes address & identifier also [106], HTTP interception which involves, URI/URL for content [144]).
Referring to claim 4, Ly teaches the method according to claim 3, wherein the content identifier identifies the content over the Internet (¶ [045], [160], Connection identifier or Address identifies the content over the internet).
Referring to claim 5, Ly teaches the method according to claim 4, wherein the content comprises a web-page or a part thereof, and wherein the content identifier comprises an Uniform Resource Identifier (URI) or a Uniform Resource Locator (see ¶ [106], HTTP interception which involves, URI/URL for content [144]).
Referring to claim 6, Ly teaches the method according to claim 1, wherein the content, or a part thereof, is stored in a web server (see ¶ [057], web sites are stored in web servers).
Referring to claim 7, Toksvig-Ly teaches the method according to claim 6, wherein the obtaining comprises sending, by the mobile device to the web server over the Internet via the wireless network, the received request for content, in response to the receiving of the request (Ly: ¶ [144], receiving storage resources, content etc. over the internet via LAN/WAN ¶ [149]).
Referring to claim 8. Toksvig-Ly teaches the method according to claim 7, wherein the obtaining further comprises receiving, by the mobile device from the web server over the Internet via the wireless network, the content, in response to the sending of the request (see Ly ¶ [160]-[166] use of Internet using “connection identifier” indicate receiving content in response to request via wireless network, LAN, MAN, PAN [052] WAN).
Referring to claim 9, Ly teaches the method according to claim 1, wherein the request comprises a Hypertext Transfer Protocol (HTTP) or HTTP Secure (HTTPS) request (see ¶ [107], HTTP [112], “http://www.ietf.org/internet-drafts/draft-floyd-tcp-highspeed-02.txt” [144])
Referring to claim 10, Ly teaches the method according to claim 1, wherein the mobile device is addressable in the Internet by a first Internet Protocol (IP) address, and wherein the establishing comprises sending, by the mobile device to the first server, the first IP address (see para [160], [156]).
Referring to claim 11, Ly teaches the method according to claim 1, wherein the established connection uses, or is based on, a TCP connection that uses ‘Active OPEN’, ‘Passive OPEN’, or TCP keepalive mechanism [076], [159], TCP handshake (SYN, SYN/ACK) described).
Referring to claim 12, Ly teaches the method according to claim 1, wherein the established connection uses, or is based on, Virtual Private Network (VPN) [157]-[158], inner channel for optimized network.
Referring to claim 13, Ly teaches the method according to claim 1, wherein the establishing uses, or is based on, a Network Address Translator (NAT) traversal scheme (see ¶ [156]-159] failure cases due to NAT -- see ¶ [091]-[094] [156]-[159] describes NAT traversal mechanism).
Referring to claim 14, Ly teaches the method according to claim 13, wherein the NAT traversal scheme is according to, based on, or uses, Internet Engineering Task Force GETF) Request for Comments (RFC) 2663, IETF RFC 3715, IETF RFC 3947, IETF RFC 5128, IETF RFC 5245, IETF RFC 5389, or IETF RFC (see ¶ [156]-[159] Implementation NAT traversal mechanism).
Referring to claim 15, Ly teaches the method according to claim 13, wherein the NAT traversal scheme is according to, based on, or uses, Traversal Using Relays around NAT (TURN), Socket Secure (SOCKS), NAT ‘hole punching’, Session Traversal Utilities for NAT (STUN), Interactive Connectivity Establishment, (ICE), UPnP Internet Gateway Device Protocol (IGDP), or Application-Level Gateway (ALG) (see ¶ [076]-[081] & [156]-[159], mechanism equivalent to Hole punching, proxy relays and NAT-based routing adaptation).
Referring to claim 16, Ly teaches the method according to claim 1, wherein the communication over the Internet by the mobile device with the first or second server, is based on, or is compatible with, Socket Secure (SOCKS) protocol or connection, wherein the first or second server serves as a SOCKS server and the mobile device serves as a SOCKS client (see ¶ [076]. [091]-[094] behaves like a SOCKs proxy (intercepted and forwarded).
Referring to claim 17, Ly teaches the method according to claim 16, wherein the SOCKS protocol or connection is based on, or is compatible with, SOCKS4, SOCKS4a, or SOCKS5 (see ¶ [076], [091]-[094], implementation a transparent/non-transparent proxy model functionally equivalent to SOCKS tunneling (intercepting TCP, forwarding packets).
Referring to claim 18, Ly teaches the method according to claim 16, wherein the SOCKS protocol or connection based on, or iS compatible with, Internet Engineering Task Force (IETF) Request for Comments (RFC) 1928, IETF RFC 1929, IETF RFC 1961, or IETF RFC 3089 (see paragraphs [076], [091]-094], Proxy operations correspond to these SOCKS RFC behaviors (TCP Tunneling + address forwarding).
Referring to claim 19, Ly teaches the method according to claim 1, wherein the communication over the Internet by the mobile device with the first or second server, is based on, uses, or is compatible with, Hypertext Transfer Protocol (HTTP) or HTTP Secure (HTTPS) protocol or connection, wherein the first or second server serves as an HTTP or HTTPS server and the mobile device serves as an HTTP or HTTPS client (Supports HTTP traffic through non-transparent proxy mode [157], [076]).
Referring to claim 20, Ly teaches the method according to claim 1, wherein the communication over the Internet by the mobile device with the first or second server, is based on, uses, or is compatible with, HTTP Proxy protocol or connection, wherein the first or second server serves as an HTTP Proxy server and the mobile device serves as an HTTP Proxy client (Ly [157], [091]-[094], Proxy performs HTTP-compatible routing (non-transparent mode analogous to HTTP CONNECT/Proxying).
Referring to claim 21, Toksvig teaches the method according to claim 1, wherein the message comprises the motion value of a function thereof ([042] – [046], state based on sensor values, [067]-[069], processed sensor data).
Referring to claim 22, Toksvig teaches the method according to claim 1, wherein the sensing further uses a gyroscope, a vibration sensor, or a Global Positioning System (GPS) receiver (see ¶ [042], Various sensors contribute to determining intentions).
Referring not claim 23, Toksvig teaches the method according to claim 1, wherein the motion comprises an acceleration, vibration, or location change, of the mobile device enclosure (see paragraph [044]-[046]).
Referring to claim 24, Toksvig teaches the method according to claim 1, wherein the sending of the message is in response to the sensed motion being below the threshold level (see ¶ [044]-[046], acceleration and motion detectable via sensor).
Referring to claim 25, Toksvig teaches the method according to claim 1, wherein the mobile device is part of, or comprises, a vehicular device, or is mounted in a vehicle ([014], “Apple Iphone” can be mounted in a vehicle).
Referring to claim 26, Toksvig teaches the method according to claim 1, further comprising storing, operating, or using, by the mobile device, an operating system (see ¶ [014], Apple Iphone has Operating System).
Referring to claim 27, Toksvig teaches the method according to claim 26, wherein the sensing comprises using the operating system (see ¶ [015]-[017] Sensors use Operating System).
Referring to claim 28, Toksvig teaches the method according to claim 26, wherein the operating system is a mobile operating system (see ¶ [014], Apple Iphone is a mobile operating system).
Referring to claim 29, Toksvig teaches the method according to claim 1, wherein the wireless network comprises, or consists of, a Wireless Wide Area Network WWAN) (see Toksvig: ¶ [066], Wireless network).
Referring to claim 32, Toksvig teaches the method according to claim 1, wherein the wireless network comprises, a cellular telephone network ([014], Iphone works on use of cellular network).
Referring to claim 34, Toksvig teaches the method according to claim 1, wherein the wireless network comprises, a Wireless Personal Area Network (WPAN) (see ¶ [068], WPAN) .
Referring to claim 35, Toksvig teaches the method according to claim 34, wherein the WPAN is compatible with, or based on, Bluetooth Low Energy (BLE), or IEEE 802.15.1-2005 standards, or wherein the WPAN is a wireless control network that is according to, or based on, IEEE 802.15.4-2003 standard ([068], WPAN is compatible with Bluetooth low Energy).
Referring to claim 36, Toksvig teaches the method according to claim 1, wherein the wireless network comprises, or consists of, a Wireless Local Area Network (WLAN) (see ¶ [033], communication interface supports WLAN, [034], list wireless interfaces including WLAN).
Referring to claim 37, Toksvig teaches the method according to claim 36, wherein the WLAN is according to, compatible with IEEER 802.11-2012, IEEE 802.1lla, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n, or IEEE 802.1lac standard (see ¶ [033]-[034] describes WLAN interfaces consistent with 802.11 family).
Referring to claim 38, Toksvig’s teaches the method according to claim 1, wherein at least part of steps of claim 1 are included in a Software Development Kit (SDK) that is provided as a non-transitory computer readable medium containing computer instructions, and wherein the method further comprising installing the SDK (see [032]-[035], processor executes stored instruction (apps/SDK-level code implied).
Referring to claim 39, Ly teaches the method according to claim 1, wherein the mobile device is addressed by multiple IP addresses (see ¶ [156],uses internet-routable server/client addresses ¶ [160] stores private/public client addresses).
Referring to claim 40, Toksvig teaches the method according to claim 1, further comprising operating, by the mobile device, an operating system or a program process or thread, and wherein being in the idle or non-idle state is further determined based on, or according to, activating or executing the process or thread by the operating system or the program (see ¶ [042]-[046], Idle/Active determination based on sensor inputs and device behavior [067]-[069],device behavior driven by state evaluation).
Referring to claim 41, Toksvig teaches the method according to claim 40, wherein the process or thread comprises a low-priority or background task, an idle process, or a screensaver (see ¶ [052], “Sleep mode”).
Referring to claim 42, Toksvig teaches the method according to claim 40, wherein the process or thread comprises using an entire screen for displaying (see ¶ [014], [015], Iphone employ processes that uses entire screen to display).
Referring to claim 43, Toksvig teaches the method according to claim 40, further comprising monitoring or metering, a resource utilization, and wherein being in the idle or non-idle state is further determined based on, or according to, the monitored or metered resource utilization being under a threshold (see ¶ [042]-[046], Talks about monitors state inputs but not CPU or resource metrics, sensors states, not computational resource).
Referring to claim 44, Toksvig teaches the method according to claim 43, wherein the resource utilization comprises the utilization or a processor in the mobile device [052], mobile device such as Iphone (see ¶ [014] use a processor, can’t function without it).
Referring to claim 45, Toksvig teaches the method according to claim 40, wherein the mobile device comprises an input device for obtaining an input from a human user or operator, the method further comprising sensing, using the input device, the input, and wherein being in the idle or non-idle state is further determined based on, or according to, not receiving an input from the input device for an additional pre-set time interval (see ¶ [042]-[046], Describes determining intention based on used interaction based on user interactions (touch/no-touch, Input detection).
Referring to claim 46, Toksvig teaches the method according to claim 1, wherein the mobile device is powered by a rechargeable battery, the method further comprising sensing, by the mobile device, a charging level of the rechargeable battery (see ¶ [032]-[033] mobile phone architecture implies battery-powered device).
Referring to claim 48, Toksvig teaches the method according to claim 1, wherein the mobile device comprises a network interface or a network transceiver for communication over a network, the method further comprising metering, an amount of data transmitted to, or received from the network during a time interval, and wherein being in the idle or non-idle state is further determined based on, or according to, the metered amount of data being under a threshold level (see ¶ [156]-[159], [160], interpreting handshake packets for traffic management) .
Referring to claim 49, Toksvig teaches the method according to claim 1, wherein the sensing of the motion value comprises periodically or continuously sensing of the motion value (see ¶ [042]-[046], periodic sensing of sensor values)
Referring to claim 50, Toksvig teaches the method according to claim 49, wherein the sensing is at least every 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, 5 20 minutes, or 10 minutes (Toksvig [067] – [069]: Continuous/Periodic sensing obvious to use numeric intervals).
Referring to claim 51, Toksvig-Ly teaches the method according to claim 1, wherein the content includes, consists of, or comprises, a part or whole of a computer file, audio data, voice data, multimedia data, video data, a computer program, or any combination thereof (see ¶ Toksvig [037], [038], ace stored on file in connection with the mobile device & Voice [055]).
Referring to claim 52, Ly teaches the method according to claim 1, wherein the content includes, or comprises, a part of, or a whole of a web-site page (see ¶ [157], HTTP protocol handling, (see ¶ [076], request/response model consistent with HTTP).
Referring to claim 53, Ly teaches the method according to claim 1, further comprising periodically sending, by the mobile device, a message that comprises the state of the mobile device, or is in response to the state of the mobile device (see ¶ [081]-[083], probe packet exchange [091]-[094] state communicated between proxies).
Referring to claim 54, Ly teaches the method according to claim 53, wherein the message comprises, or is based on, an ‘heartbeat’ message, and wherein a time period between multiple messages sent is at least milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, minutes 5, or 10 minutes (see ¶ [081]-[083] periodic proxy probing signaling, [157], [158] inner channel used for repeated signaling).
Referring to claim 55, Ly teaches the method according to claim 1, further for use with a plurality of servers that includes at least the first and second servers, each of the plurality of servers is connectable to the Internet and is addressable in the Internet using a respective IP address, the method further comprising selecting, by the mobile device, the first server from the plurality of servers (see ¶ [156]-[160] decision logic based on available server/network routes).
Referring to claim 62, Ly teaches the method according to claim 55, wherein each of the plurality of servers is associated with a one of more attribute values relating to an attribute type, and wherein the selecting of the first server from the plurality of servers based on, or according to, the respective one of more attribute values (see ¶ [156] – [160], proxy selects routing based on server/network attributes).
Referring to claim 63, Ly teaches the method according to claim 62, wherein the attribute type is a geographical location, and wherein one of more attribute values comprise a name or an identifier of a continent, a country, a region, a city, a street, a ZIP code, or a time-zone (see para [144], Identifies servers by IP; Servers in cloud regions).
Referring to claim 64, Ly teaches the method according to claim 63, wherein the one of more attribute values is based on actual geographical location or on IP geolocation (see ¶ [156], Ly uses server public Ips-> geolocation resolvable)
Referring to claim 65, Ly teaches the method according to claim 64, wherein the geolocation is based on W3C Geolocation API ([144], “know the location” obvious used of known API to obtain location for server selection).
Referring to claim 66, Ly teaches the method according to claim 1, for use with a Domain Name System (DNS) server, wherein the content identifier comprises a domain name, the method further comprising performing, by the mobile device using the DNS server, a DNS resolution for obtaining a numerical IP address ([013], [106], HTTP Interception, DNS lookup is implied, [156]-157], Server address resolution implicit in handling requests).
Claims 30. 31, 33 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Toksvig and Ly in further view of Braun et al (US pub, 2016/0295569)
Referring to claim 30, Toksvig and Ly teaches the method according to claim 29 and wireless network (WWAN) but expressly lack broadband network.
However, Braun teaches wherein the WWAN is a wireless broadband network (Braun: [023], [024], Radio link wireless network are example of Wireless broadband network).
It would have been obvious to an ordinary person skilled in the art at the time invention was made to modify Toksvig’s mobile device to be coupled with a multiple client server networks of Ly to enable proxy devices to communicate using direct client server connection. The combination of network devices would have been obvious to an ordinary artisan to modify motion based idle and non-idling state determination in a mobile device of Toksvig to include proxy based network communication and content delivery system as taught by Ly to further include broadband network as taught by Braun in order to optimize network communication behavior of a mobile device, reduce unnecessary network traffic and improve power efficiency and responsiveness.
Referring to claim 31, Braun teaches the method according to claim 30, wherein the wireless network comprises, or consists of, a WiMAX network, and the WiMAX network is according to, compatible with, or based on, IEEE 802.16-2009 (Braun: ¶ [017], Wireless network include WiMax or any other type of short range wireless technology).
Referring to claim 33, Braun teaches the method according to claim 32, wherein the cellular telephone network is a Third Generation (3G) network that uses a protocol selected from the group consisting of UMTS W-CDMA,UMTS HSPA, UMTS TDD, CDMA2000 1xRTT, CDMA2000 EV-DO, and GSM EDGE-Evolution, or wherein the cellular telephone network uses a protocol selected from the group consisting of a Fourth Generation (4G) network that uses HSPA+, Mobile WiMAX, LTE, LTE-Advanced, MBWA, or is based on IEEE 802.20-2008 (Braun: ¶ [018], “wireless connections using any suitable wireless technologies, such as, High-Speed Packet Access (HSPA+)”).
Referring to claim 47, Toksvig teaches the method according to claim 46, Braun teaches wherein being in the idle or non-idle state is further determined based on, or according to, comparing the sensed charging level to a charging threshold (see Braun: [045], battery level compared against a threshold).
Claims 56-61 are rejected under 35 U.S.C. 103 as being unpatentable over Toksvig and Ly in further view of Shribman et al (US pub, 2015/0067819 A1)
Referring to claim 56, Toksvig-Ly teaches the method according to claim 55, but expressly lack expressly lack teaches wherein the first server is randomly selected from the plurality of servers.
However, Shribman teaches wherein the first server is randomly selected from the plurality of servers. (see ¶ [190], load balancing technique very common and obvious – [005]).
It would have been obvious to an ordinary person skilled in the art at the time invention was made to modify Toksvig’s mobile device to be coupled with a multiple client server networks of Ly to enable proxy devices to communicate using direct client server connection. The combination of network devices would have been obvious to an ordinary artisan to modify motion based idle and non-idling state determination in a mobile device of Toksvig to include proxy based network communication and content delivery system as taught by Ly to further include load balancing technique as taught by Shribman in order to efficient and optimally perform server selection that lowers network communication cost and saves time.
Referring to claim 56, Toksvig-Ly-Shribman teaches the method according to claim 55, wherein the first server is randomly selected from the plurality of servers (see Shribman: ¶ [110], select a number of onion router at random).
Referring to claim 57, Toksvig-Ly-Shribman teaches the method according to claim 56, wherein the first server is randomly selected using one or more random numbers generated by a random number generator (see Shribman: ¶ [108], generated by random number generator, [194], [201], [219], [234]).
Referring to claim 58, Toksvig-Ly-Shribman teaches the method according to claim 57, wherein the random number generator is hardware based (see Shribman: ¶ [201], RNG may be hardware).
Referring to claim 59. Toksvig-Ly-Shribman teaches the method according to claim 58, wherein the random number generator is using thermal noise, shot noise, nuclear decaying radiation, photoelectric effect, or quantum phenomena (see Shribman: ¶ [201] random number generator (having either analog or digital output) can be hardware based, using a physical process such as thermal noise, shot noise, nuclear decaying radiation, photoelectric effect or other quantum phenomena [234] [451].
Referring to claim 60, Toksvig-Ly-Shribman teaches the method according to claim 57, wherein the random number generator is software based (see Shribman: ¶ [201], RNG may be software).
Referring to claim 61, Toksvig-Ly-Shribman teaches the method according to claim 60, wherein the random number generator is based on, or comprises, executing an algorithm for generating pseudo-random numbers (see Shribman: ¶ [201], [234], generating pseudo random number).
Response to Arguments
Applicant's arguments with respect to claims above filed on 03/12/2026 have been considered but they are not persuasive. After further search and thorough examination of present application claims 1-66 remain rejected.
Regarding double patenting arguments, the applicant appears to switch the arguments between application number 16/214413 and 16214133. The ‘413 application is different application belonging to Assignees BSH Home Appliances Corp. Regarding the ‘433 application that is being discussed herein is an analogous because the claims in that application talk about switching between first state and second state and in the present situation it talks about idle and non Idle state. Furthermore the current application is directed to mobile device whereas the ‘433 application teaches client device. Both of these are obvious variations of each other, because client device could very well be also a mobile device. Therefore the claims are not patentably distinct and based at least on these reasons and rationales the double patenting rejection is respectfully maintained that can be overcome by a e- terminal disclaimer.
In the remarks, applicant argues in substance:
That- “Against the MPEP and the rules, the Action clearly fails to explain WHY the different references, such as the Toksvig and Ly references, are analogous and as such can be combined for the obviousness rejection. It is settled that: "A reference qualifies as prior art for an obviousness determination under § 103 only when it is analogous to the claimed invention.".
In response to applicants arguments – Applicant argues that Toksvig and Ly are non-analogous because Toksvig is directed to establishing communication between and through proxy agents in a data network. This argument is not persuasive because a reference qualifies as analogues art not only when it in the same field of endeavor but also when it is reasonably pertinent to the problem faced by the inventor. Here the claimed invention is directed to using a mobile device after sensing a user idle/non-use state in a network communication role involving server communication and content handling. Ly is reasonably pertinent because it teaches proxy-based communication and content delivery mechanisms relevant to the claimed network behavior of the mobile device. Thus even if Toksvig and Ly are not identically labeled as belonging to the same field, Ly is at least reasonably pertinent to the problem addressed by the claimed invention.
That- “The office action failed to provide sufficient rationale for modifying Toksvig to include the first-server connection limitation".
In response to applicants arguments – Applicant argues that the office action failed to provide a rationale for modifying Toksvig to include “establishing a connection between the mobile device and the first server over the internet via wireless network”. The Rejection clarified as follows, Toksvig teaches….Ly teaches establishing network communication through proxy/server-based communication. A person of ordinary skill in the art would have found it obvious to adapt Toksvig idle-state device to establish a communication link with a server as taught by Ly so that the mobile device can participate in the claimed network communication when the device is available due to user non-use or idling. This would have been predictable application of known communicating technique to a known mobile device state detection system.
That- “The rationale for modifying Toksvig to include sending a message indicative of the sensed motion value".
In response to applicants arguments – The rejection is clarified as follows: Toksvig teaches sending motion and using the sensed state to determine whether the device in an Idle or Non-use condition. Once the mobile device is adapted for Ly’s networked communication role, it would have been obvious to communicate the sensed state or sensed motion related information to the server so that the server can determine whether the device is suitable or available for participation in the claimed communication/content transfer arrangement. Communicating device state information over an established connection would have been routine and predictable implementation once the device is used in Ly network communication framework.
Once the device adapted for Ly network role it would have been obvious to send device-state or motion related information to the server over the established connection so the server can determine whether the device is suitable for participation in the claimed communication/content transfer process.
Toksvig does not teach away. Toksvig does not criticize or discourage using the detected idle/non-use state for additional background functionality. The proposed combination still relies on Toksvig core principle of detecting user inactivity and charging device behavior in response.
Finally the applicant assertions that the combination would necessarily increase traffic, reduce responsiveness or reduce power efficiency are unsupported arguments and do not outweigh the articulated obviousness rationale. Accordingly the rejection is properly maintained. Applicant is requested to contact the examiner of record in order to discuss ways to advance prosecution.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner also requests, when responding to this office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application. Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111 (c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFTAB N. KHAN whose telephone number is (571) 270-5172. The examiner can normally be reached on Monday-Friday 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton Burgess can be reached on 571-272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AFTAB N. KHAN/
Primary Examiner, Art Unit 2454
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