DETAILED ACTION
This office action is responsive to preliminary amendment filed on 4/30/2024 in this application Chen, U.S. Patent Application No. 18/694,585 (Filed March 22, 2024) claiming priority to PCT/CN2022/119661 (Filed 9/19/2022) claiming priority to CN202111126103.9 (filed 9/24/2021) and CN202111383611.5 (filed 11/19/2021). Claims 21 – 40 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement(s) (IDS) filed on 1/29/2025 are compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. The references listed therein have been considered, and placed in the application file.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
1. Claims 21, 34, and 40 are rejected on the ground of obviousness double patenting as being unpatentable over claims 1 and 7, of U.S. Patent No. 12,271,534. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Patent anticipate the claims of the instant application, with the exception of the limitation “displaying, by a first electronic device, a first interface of an application market program,” which would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in light of the teachings of prior art reference Cooper (see infra) which teaches that a user can search for apps in an app store marketplace using an app name to download one or more apps from a server. Cooper at Abstract; id. at ¶¶ 0021 & 0034; id. at figs. 1 and 10. One of ordinary skill the art would have been motivated to combine the teachings of prior art reference Cooper with the Patent for the purpose of using the well-known Appstore to downloading an app with a process that requires downloading an app.
Also with the exception of the limitation “a second interface of the application market program, wherein the second interface comprises a second option identifying the first electronic device… the device information of the second electronic device is obtained by the first electronic device from a server or the second electronic device;” which would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in light of the teachings of prior art reference Das (see infra) which teaches using a GUI of a mobile device to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices). One of ordinary skill the art would have been motivated to combine the teachings of prior art reference Das with the Patent for the purpose of using a method that can download apps to multiple devices with a process that requires downloading an app to a device.
Dependent claims 22 – 33 and 35 - 39 are rejected on the ground of obviousness double patenting as being, respectively, unpatentable over claims 1 and 7 of U.S. Patent No. 12,271,534. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are obvious in view of the Patent and the art used in the dependent claims and associated motivation (see infra).
2. Claims 21, 34, and 40 are provisionally rejected on the ground of obviousness double patenting as being unpatentable over claims 1 and 4, of U.S. Patent Application No. 19/068,412. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Application anticipate the claims of the instant application, with the exception of the limitation “displaying, by a first electronic device, a first interface of an application market program,” which would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in light of the teachings of prior art reference Cooper (see infra) which teaches that a user can search for apps in an app store marketplace using an app name to download one or more apps from a server. Cooper at Abstract; id. at ¶¶ 0021 & 0034; id. at figs. 1 and 10. One of ordinary skill the art would have been motivated to combine the teachings of prior art reference Cooper with the Application for the purpose of using the well-known Appstore to downloading an app with a process that requires downloading an app.
Also with the exception of the limitation “a second interface of the application market program, wherein the second interface comprises a second option identifying the first electronic device… the device information of the second electronic device is obtained by the first electronic device from a server or the second electronic device;” which would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in light of the teachings of prior art reference Das (see infra) which teaches using a GUI of a mobile device to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices). One of ordinary skill the art would have been motivated to combine the teachings of prior art reference Das with the Application for the purpose of using a method that can download apps to multiple devices with a process that requires downloading an app to a device.
Dependent claims 22 – 33 and 35 - 39 are provisionally rejected on the ground of obviousness double patenting as being, respectively, unpatentable over claims 1 and 4 of U.S. Patent Application No. 19/068,412. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are obvious in view of the Application and the art used in the dependent claims and associated motivation (see infra).
This is a provisional obviousness double patenting rejection because the conflicting claims have not in fact been patented.
Claim Rejections 35 U.S.C. §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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 24 – 40 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al., United States Patent Application Publication No. 2017/0132294 (Published May 11, 2017, filed November 11, 2015) (“Cooper”) in view of Das et al., United States Patent Application Publication No. 2018/0189044 (Published July 5, 2018, filed January 5, 2018) (“Das”).
Claims 21, 34, and 40
With respect to claims 21, 34, and 40, Cooper teaches the invention as claimed including a method, comprises: displaying, by a first electronic device, a first interface of an application market program, {User can search for apps in an app store marketplace using an app name to download one or more apps from a server. Cooper at Abstract; id. at ¶¶ 0021 & 0034; id. at figs. 1 and 10.}
However, Cooper doesn’t explicitly teach the limitation:
wherein the first interface comprises an icon of a first application and a first option corresponding to the first application; detecting, by the first electronic device, a first operation performed by a user on the first option; in response to the first operation, displaying, by the first electronic device, a second interface of the application market program, wherein the second interface comprises a second option identifying the first electronic device and a third option identifying a second electronic device, the third option is generated based on device information of the second electronic device, and the device information of the second electronic device is obtained by the first electronic device from a server or the second electronic device; detecting, by the first electronic device, a second operation of the user; and in response to the second operation, sending, by the first electronic device, a first request to the second electronic device, wherein the first request indicates to the second electronic device to install the first application. {Das does teach this limitation. Das teaches that the method for downloading apps from an appstore, as taught in Cooper, may include using a GUI of a mobile device to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).
Cooper and Das are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software installation, and both are trying to solve the problem of how to obtain apps.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine downloading apps from an appstore, as taught in Cooper, with downloading apps for secondary devices, as taught in Das. Das teaches that devices that are usable together may have similar applications for each device of which the user might be unaware. Das at ¶ 0003 & 0004. Therefore, one having ordinary skill in the art would have been motivated to combine downloading apps from an appstore, as taught in Cooper, with downloading apps for secondary devices, as taught in Das, for the purpose of using a known secondary device app download method with an appstore that allows for downloading device apps.}
Claims 22 and 35
With respect to claims 22 and 35, Cooper and Das, teach the invention as claimed including:
before detecting, by the first electronic device, the second operation of the user, detecting, by the first electronic device, an operation performed by the user on the third option. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claims 23 and 36
With respect to claims 23 and 36, Cooper and Das, teach the invention as claimed including:
wherein the second interface further comprises a fourth option identifying a third electronic device, the method further comprising: before detecting, by the first electronic device, the second operation of the user: detecting, by the first electronic device, operations performed by the user on the third option and the fourth option; and in response to the second operation, further sending, by the first electronic device, a second request to the third electronic device, wherein the second request indicates to the third electronic device to install the first application. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claims 24 and 37
With respect to claims 24 and 37, Cooper and Das, teach the invention as claimed including:
before displaying, by the first electronic device, the first interface of the application market program: obtaining, by the first electronic device, a keyword entered by the user; and searching for the first application based on the keyword. {User can search for apps in an app store marketplace using an app name to download one or more apps from a server. Cooper at Abstract; id. at ¶¶ 0021 & 0034; id. at figs. 1 and 10.}
Claims 25 and 38
With respect to claims 25 and 38, Cooper and Das, teach the invention as claimed including:
before detecting, by the first electronic device, the first operation performed by the user on the first option: logging in to, by the first electronic device, a first account, wherein the first account is associated with the second electronic device; and obtaining, by the first electronic device, the device information of the second electronic device from the server. {A user may use a GUI of a mobile device to select icons of available one or more other devices of the user’s to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device); id. at ¶¶ 0003, 0010, 0011, 0043 (User must have “associated” the devices with the account of the user in order to share data across the devices).}
Claims 26 and 39
With respect to claims 26 and 39, Cooper and Das, teach the invention as claimed including:
wherein sending, by the first electronic device, the first request to the second electronic device comprises: sending, by the first electronic device, the first request to the second electronic device by using the server, wherein the first request comprises information about the first application corresponding to the second electronic device. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claim 27
With respect to claim 27, Cooper and Das, teach the invention as claimed including:
before displaying, by the first electronic device, the first interface of the application market program: establishing, by the first electronic device, a short-range communication connection to the second electronic device; and obtaining, by the first electronic device, the device information of the second electronic device through the short-range communication connection. {Das at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices).}
Claim 28
With respect to claim 28, Cooper and Das, teach the invention as claimed including:
wherein sending, by the first electronic device, the first request to the second electronic device comprises: sending, by the first electronic device, the first request to the second electronic device based on the short-range communication connection, wherein the first request comprises information about the first application corresponding to the second electronic device. {Das at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices).}
Claim 29
With respect to claim 29, Cooper and Das, teach the invention as claimed including:
before displaying, by the first electronic device, the second interface of the application market program: sending, by the first electronic device, a third request to the server, wherein the third request is used to obtain information about the first application from the server; and receiving, by the first electronic device, the information about the first application sent by the server, wherein the information about the first application comprises information about the first application corresponding to the first electronic device and the information about the first application corresponding to the second electronic device. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claim 30
With respect to claim 30, Cooper and Das, teach the invention as claimed including:
wherein the third request comprises the device information of the second electronic device and device information of the first electronic device. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claim 31
With respect to claim 31, Cooper and Das, teach the invention as claimed including:
wherein the second interface further comprises status information of the first application, and the status information of the first application comprises: indication information indicating that the first application is installed, or indication information indicating that the first application is not installed. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Claim 32
With respect to claim 32, Cooper and Das, teach the invention as claimed including:
receiving, by the first electronic device, a message that is sent by the second electronic device and that indicates that the first application is successfully installed; and displaying indication information indicating that the second electronic device successfully installed the first application. {Das at ¶ 0057.}
Claim 33
With respect to claim 33, Cooper and Das, teach the invention as claimed including:
wherein the second interface further comprises installation progress information of the first application. {The GUI of a mobile device may be used to select icons of one or more other devices to specify installation of identified applications on the other devices, including a case where the applications are the same application for each selected device, and may initiate the installation of the applications to the other devices. Das at ¶¶ 0028, 0029, 0031-0034, 0047, 0048, 0050 - 0052; id. at fig. 1B; id. at ¶¶ 0057, 0060, 0080 (GUI details and installation may be from server to mobile device to selected other device[s] OR downloaded directly by the other device[s] via a link transmitted to the other device[s] by the mobile device); id. at ¶¶ 0033, 0057, 0080 (mobile device may identify available connected secondary devices and optionally use server and/or Internet of Things connectivity manager 614 for communication with secondary devices); id. at ¶ 0056 (selected apps for secondary devices may be a variant of the same app as installed on primary device).}
Conclusion
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//T.H./ February 21, 2026
Examiner, Art Unit 2199
/LEWIS A BULLOCK JR/Supervisory Patent Examiner, Art Unit 2199