DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/05/24 has been considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
Claim(s) 1-2, 7-9 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabatelli et al. (US Patent Publication 2013/0331127 herein after referenced as Saba) in view of Kumar et al. (US Patent Publication 2017/0353829 herein after referenced as Kumar).
Regarding claim 1 and claim 8 and claim 15, Saba discloses:
A computer-implemented method comprising: and A non-transitory computer-readable storage medium comprising instructions executable by a processor, the instructions, when executed by the processor, configured to cause the processor to perform steps comprising: and A computer system comprising: a computer processor; and a non-transitory computer-readable storage medium storage instructions that when executed by the computer processor perform actions comprising: (Saba, Fig. 6 & [0046] discloses FIG. 6 is a block diagram of an exemplary system architecture 600 for implementing the features and operations of proximity-based notifications. Other architectures are possible, including architectures with more or fewer components. In some implementations, architecture 600 includes one or more processors 602 and one or more computer-readable media 612 e.g., RAM, ROM, SDRAM, hard disk, optical disk, flash memory, etc.. These components can exchange communications and data over one or more communication channels 610 e.g., buses, which can utilize various hardware and software for facilitating the transfer of data and control signals between components; Saba, [0051] discloses Generally, a processor will receive instructions and data from a read-only memory or a random access memory or both. The essential elements of a computer are a processor for executing instructions and one or more memories for storing instructions and data).
(Saba, Fig. 3 & [0025]-[0026] discloses In FIG. 3, the system 300 includes a user's mobile device 302 (i.e. reads on a mobile device) and a contact's mobile device 304 (i.e. reads on a tracking device). The mobile devices 302 and 304 can establish direct communication (i.e. reads on receives a communication) with each other. For example, the mobile devices 302 and 304 can establish a peer-to-peer connection 320 and discloses The user's mobile device 302 discovers the presence of the contact's mobile device 304 within the direct communication range 350 and determines that the contact's mobile device 304 is in proximity to the user's mobile device 302; Saba, [0039] discloses The proximity-based notification system can receive a request to notify a user when a contact's mobile device is in proximity to the user's mobile device 502).
establishing, by the central tracking system, a geofence around the mobile device; (Saba, Fig. 4 & [0029] discloses The user's mobile device 402 provides its current geographic location to the proximity-based notification system. Based on the user's current location and other context information associated with the user, the proximity-based notification system (i.e. reads on by the central tracking system) generates a geo-fence 450 (i.e. reads on establishing a geofence) to include the user's current location and an area surrounding the user's current location (i.e. reads on around the mobile device). The proximity-based notification system may monitor the user's movements and changes in context, and adjust the geo-fence 450 based on the user's movements and changes in context).
identifying, by the central tracking system, a movement or behavior of the mobile device; and modifying, by the central tracking system, a size of the geofence based on the identified movement or behavior of the mobile device (Saba, [0029] discloses The proximity-based notification system (i.e. reads on by the central tracking system) may monitor the user's movements (i.e. reads on identifying a movement) and changes in context (i.e. reads on or behavior of the mobile device), and adjust the geo-fence 450 (i.e. reads on modifying a size of the geofence) based on the user's movements (i.e. reads on based on the identified movement) and changes in context (i.e. reads on or the behavior of the mobile device); Saba, [0035] discloses The proximity-based notification system may analyze the context information of the user to generate or modify (i.e. reads on modifying) the geo-fence around the user. Similarly, the geo-fence may include smaller area (i.e. reads on size of the geofence) when the user is moving (i.e. reads on movement) at a slow speed (i.e. reads on behavior of the mobile device), e.g., a speed indicative of walking, and a larger area when the user is moving at a fast speed, e.g., the speed of a moving car; Saba, [0033]-[0034] discloses The geo-fence 450 may be generated based on context of the user or the contact or both. The geo-fence 450 can be dynamically adjusted according to changes in the context of the user or the contact or both. The geo-fence 450 can be generated, stored, and modified by the proximity-based notification system and discloses Context of an individual can include any conditions or circumstances associated with the individual. The individual's mobile device may provide information associated with the context to the proximity-based notification system to facilitate creation and modification of a geo-fence. Information associated with the context can include device or network related information, such as the individual's device or network configuration, capabilities, or status. The information can include location related information, such as the individual's current location, population density associated with the user's current location, property boundaries associated with the user's current location, or the distance between the individual's current location and another location. The information can include travel related information, such as the individual's direction of travel, speed of travel, travel destination, or available travel routes between the individual's location and another location. In general, the context information can include any information related to the conditions or circumstances associated with the individual).
Saba discloses a first mobile device requesting a network entity to track the location of a second mobile device and the first mobile device establishing communication and discovering the presence of a second mobile device but fails to explicitly recite that said communication or discovery is detected by the network entity and therefore fails to disclose “detecting, by a central tracking system, that a mobile device receives a communication from a tracking device;”.
In a related field of endeavor, Kumar discloses:
detecting, by a central tracking system, that a mobile device receives a communication from a tracking device; (Kumar, [0032] discloses In some configurations, the tracking system 100 can send a location request associated with the tracking device 106 to each of the community mobile devices 104. Accordingly, if one of the community mobile devices 104 detects a communication from the tracking device 106 (i.e. reads on that a mobile device receives a communication from a tracking device) e.g., if the community mobile device 104 is within range or moves within range of the communication capabilities of the tracking device 106 and receives a signal from the tracking device 106 including or associated with the unique identifier associated with the tracking device 106, the community mobile device 104 can inform the tracking system 100. Using the information received (i.e. reads on detecting) from the community mobile devices 104, the tracking system 100 (i.e. reads on by a central tracking system) can inform the user e.g., by way of the mobile device 102 of a potential location of the tracking device 106; Kumar, [0037] discloses The tracking system 100 also includes a tracking device location manager 206. The tracking device location manager 206 may receive and process an indication that the tracking device 106 is lost from a mobile device e.g., mobile device 102 or community mobile devices 104. For example, the tracking system 100 may receive a lost indication from a mobile device 102 indicating that the tracking device 106 is lost; Kumar, [0039] discloses Additionally, upon location of the tracking device 106 by the user 103 or by one of the community of users 105, the tracking device location manager 206 may provide an indication to the user 103, community user 105, or tracking system 100 that the tracking device 106 has been found, thus removing any flags associated with a tracking device and/or canceling any location request previously provided to the community of users 105. For example, where a user 103 sends an indication that the tracking device 106 is lost to the tracking system 100 and later finds the tracking device 106, the mobile device 102 may provide an indication to the tracking system 100 that the tracking device 106 has been found. In response, the tracking device location manager 206 may remove a flag indicating that the tracking device 106 is lost and/or provide an updated indication to the community of users 105 that the tracking device 106 has been found, thus canceling any instructions associated with the previously provided location request. In some configurations, the notification that the tracking device 106 has been found may be provided automatically upon the mobile device 102 detecting the tracking device 106 within a proximity of the mobile device 102; Kumar, [0093] discloses As used herein, a tracking device “intervention” can refer to notifying a user, owner, or manager of a tracking device that the tracking device may be lost, may be forgotten, or may be inadvertently left behind collectively referred to as “potentially lost” hereinafter. In some embodiments, a tracking device intervention can refer to notifying a user of a predicted state or behavior of a tracking device collectively referred to as “predicted state” hereinafter. In each case, a tracking device is either identified as potentially lost or a state of the tracking device is predicted, and in response, a notification is sent to a user of the tracking device; Kumar, [0095] discloses A notification that a tracking device is potentially lost can include information about a last known location of the tracking device for instance and can include text indicating why the tracking device is thought to be lost or left behind e.g., “you normally take your briefcase to work with you, and you left it behind today”. A notification of a predicted state of the tracking device can include information identifying the tracking device and can include information describing the predicted state of the tracking device e.g., “you might want to bring this tracking device with you before you leave for work”, and can include information describing the circumstances under which the state of the tracking device is predicted e.g., “it is warmer than normal outside today, don't forget to bring your water bottle”; Kumar, [0098] discloses The tracking system 100 can identify a tracking device 106 as potentially lost in response to determining that the tracking device is not located within a threshold distance such as a wireless communicative range, a selected threshold distance, or a pre-determined distance of a target device such as a user's mobile device or of one or more additional tracking devices; Kumar, [0100] discloses The tracking system 100 can determine that a tracking device 106 is not within a threshold proximity of a mobile device 102 by determining that the tracking device is outside of the transmission or communicative range of the mobile device. For instance, if the mobile device and the tracking device are configured to communicatively couple via the Bluetooth protocol, the tracking system 100 can determine that the tracking device 106 is outside of a threshold proximity of the mobile device 102 if the mobile device is unable to receive Bluetooth advertisements or communications from the tracking device; Kumar, [0113]-[0114] discloses The tracking system 100 can identify a tracking device 106 as potentially lost in response to determining that the tracking device is more than a threshold distance from a selected geographic location for instance, defined by geographic coordinates, or outside of an area defined by a selected geographic boundary and discloses the geographic location or geographic boundary can also be selected for instance, by the tracking system 100 based on historical location data associated with the tracking device 106, a user, or a mobile device 102 associated with the user. For instance, if a tracking device 106 is commonly located within a geographic boundary associated with a user's work building during week day working hours, the geographic boundary can be selected by the tracking system 100 for use in determining if the tracking device is potentially lost. Likewise, if a tracking device 106 is commonly located within a threshold distance of a user's home on the weekend, a geographic location corresponding to the user's home e.g., a set of GPS coordinates over which the user's home is located can be selected by the tracking system 100 for use in determining if the tracking device is potentially lost. Herein, a geographic location or geographic boundaries associated with a tracking device 106 can be collectively referred to as a “geofence” associated with that tracking device. In some embodiments, a geofence for a tracking device can be selected or established based on the occurrence of a triggering event, for example, a tracking device disconnection event e.g., the detection of the severance or termination of a communicative connection with the tracking device detected by the operating system of a mobile device 102).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Saba to incorporate the teachings of Kumar for the purpose of providing the system with a means to identify when a mobile device or an asset when lost or left behind (Kumar, [0098], [0100] & [0113]-[0114]) and to be able to track and locate the mobile device or asset utilizing a community of mobile devices by providing an indication of when the mobile device or asset has been detected (Kumar, [0032] & [0039]) and to notify the user when the mobile device or asset is potentially lost or left behind (Kumar, [0093] & [0095]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Saba, [0067]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of a first mobile device requesting a network entity to track the location of a second mobile device as taught by Saba) with another known element and comparable device utilizing a known technique (i.e. performing a process of a first mobile device requesting a network entity to track the location of a second mobile device, wherein the network entity tracks the location based on an indication from the first mobile device or a community of other devices and wherein the network entity also determines when the second mobile device is lost or left behind and sends a notification to the first mobile device as taught by Kumar) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of a first mobile device requesting a network entity to track the location of a second mobile device (i.e. as taught by both Saba & Kumar) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 2 and claim 9 and claim 16, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8) and The computer system of claim 15, (see claim 15).
wherein the size of the geofence is additionally modified based on a behavior of other mobile devices within a same area as the mobile device (Saba, [0035] discloses The proximity-based notification system may analyze the context information of the user to generate or modify the geo-fence around the user. For example, the geo-fence may include a smaller area around the user when the user is at a location associated with a high population density and a larger area around the user when the user is at a location associated with a low population density).
Regarding claim 7 and claim 14, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8).
wherein a notification is sent to the mobile device in response to the mobile device crossing the modified geofence without being communicatively coupled to the tracking device, the notification indicating that the tracking device may be left behind (Kumar, [0113]-[0114] discloses The tracking system 100 can identify a tracking device 106 as potentially lost in response to determining that the tracking device is more than a threshold distance from a selected geographic location for instance, defined by geographic coordinates, or outside of an area defined by a selected geographic boundary and discloses the geographic location or geographic boundary can also be selected for instance, by the tracking system 100 based on historical location data associated with the tracking device 106, a user, or a mobile device 102 associated with the user. For instance, if a tracking device 106 is commonly located within a geographic boundary associated with a user's work building during week day working hours, the geographic boundary can be selected by the tracking system 100 for use in determining if the tracking device is potentially lost. Likewise, if a tracking device 106 is commonly located within a threshold distance of a user's home on the weekend, a geographic location corresponding to the user's home e.g., a set of GPS coordinates over which the user's home is located can be selected by the tracking system 100 for use in determining if the tracking device is potentially lost. Herein, a geographic location or geographic boundaries associated with a tracking device 106 can be collectively referred to as a “geofence” associated with that tracking device. In some embodiments, a geofence for a tracking device can be selected or established based on the occurrence of a triggering event, for example, a tracking device disconnection event e.g., the detection of the severance or termination of a communicative connection with the tracking device detected by the operating system of a mobile device 102; Kumar, [0095] discloses A notification that a tracking device is potentially lost can include information about a last known location of the tracking device for instance and can include text indicating why the tracking device is thought to be lost or left behind e.g., “you normally take your briefcase to work with you, and you left it behind today”. A notification of a predicted state of the tracking device can include information identifying the tracking device and can include information describing the predicted state of the tracking device e.g., “you might want to bring this tracking device with you before you leave for work”, and can include information describing the circumstances under which the state of the tracking device is predicted e.g., “it is warmer than normal outside today, don't forget to bring your water bottle”; Kumar, [0093] discloses a tracking device is either identified as potentially lost or a state of the tracking device is predicted, and in response, a notification is sent to a user of the tracking device; Kumar, [0098] discloses The tracking system 100 can identify a tracking device 106 as potentially lost in response to determining that the tracking device is not located within a threshold distance such as a wireless communicative range, a selected threshold distance, or a pre-determined distance of a target device such as a user's mobile device or of one or more additional tracking devices; Kumar, [0100] discloses The tracking system 100 can determine that a tracking device 106 is not within a threshold proximity of a mobile device 102 by determining that the tracking device is outside of the transmission or communicative range of the mobile device. For instance, if the mobile device and the tracking device are configured to communicatively couple via the Bluetooth protocol, the tracking system 100 can determine that the tracking device 106 is outside of a threshold proximity of the mobile device 102 if the mobile device is unable to receive Bluetooth advertisements or communications from the tracking device).
Claim(s) 3, 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabatelli et al. (US Patent Publication 2013/0331127 herein after referenced as Saba) in view of Kumar et al. (US Patent Publication 2017/0353829 herein after referenced as Kumar) and further in view of Hansen (US Patent Publication 2017/0034178 herein after referenced as Hansen).
Regarding claim 3 and claim 10 and claim 17, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8) and The computer system of claim 15, (see claim 15).
wherein the size of the geofence is additionally modified (Saba, [0029] discloses The proximity-based notification system may monitor the user's movements and changes in context, and adjust the geo-fence 450 based on the user's movements and changes in context; Saba, [0034] discloses Context of an individual can include any conditions or circumstances associated with the individual. The individual's mobile device may provide information associated with the context to the proximity-based notification system to facilitate creation and modification of a geo-fence. Information associated with the context can include device or network related information, such as the individual's device or network configuration, capabilities, or status. The information can include location related information, such as the individual's current location, population density associated with the user's current location, property boundaries associated with the user's current location, or the distance between the individual's current location and another location. The information can include travel related information, such as the individual's direction of travel, speed of travel, travel destination, or available travel routes between the individual's location and another location. In general, the context information can include any information related to the conditions or circumstances associated with the individual).
Saba in view of Kumar discloses modifying the geofence based on a context information and Saba in view of Kumar discloses the use of a calendar application but fails to explicitly recite the use of a calendar as part of the context and therefore fails to disclose “wherein the size of the geofence is additionally modified based on a calendar associated with a user of the mobile device.”
In a related field of endeavor, Hansen discloses:
wherein the size of the geofence is additionally modified based on a calendar associated with a user of the mobile device (Hansen, [0275] discloses It has been discovered that the dynamically generated continuous geofence 218 and the continuous function 312 based on the user context 206 provide controls and exceptions relevant and appropriate for context and situations in real-time. The dynamic generation of the continuous geofence 218 and the continuous function 312 can adjust a size, a shape, a distribution, or a combination thereof for the continuous geofence 218 appropriate for the current context or situation of the user 202, the authorization controller 214, or a combination thereof; Hansen, [0036] discloses For example, the user context 206 can include content, value, metadata, preference, setting, configuration, a portion thereof, a representation thereof, or a combination thereof. Also for example, the user context 206 can include data or information associated with movement or travel of the user 202, schedule or calendar of the user 202, communications of the user 202, current time, groups or relationships of the user 202, current environment, or a combination thereof; Hansen, [0035] discloses The computing system 100 can determine user context 206. The user context 206 can include data or information associated with or relevant to the user 202. The user context 206 can include determinable aspect of a current circumstance or situation for the user 202; Hanse, [0037]-[0038] discloses The user context 206 can include data or information representing an aspect of a current circumstance or situation of the user 202 associated with the travels of the user 202. For example, the user context 206 can include an origination location, a destination, an expression thereof, an estimation thereof, a heading, a previously traveled route, a currently traversed route, number of passengers in the vehicle 204 with the user 202, identity of the passenger, or a combination thereof and discloses The user context 206 can further include a label or a value representing a purpose, a goal, a meaning, a significance, a category, an affinity, or a combination thereof associated with the user 202. For example, the user context 206 can include a value or a selection representing commute to or from work, leisure activity, group travel, importance or value to the user 202, regularity or irregularity of the activity, importance or value to a party other than the user 202, or a combination thereof).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Saba in view of Kumar to incorporate the teachings of Hansen for the purpose of providing the system with a means to utilize various alternative context in modifying the geofence in order to provide controls and exceptions relevant and appropriate for context and situations in real-time (Hansen, [0275] & [0035]-[0038]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Saba, [0067]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of modifying the geofence based on a context information as taught by Saba) with another known element and comparable device utilizing a known technique (i.e. performing a process of modifying the geofence based on a context information, wherein the user context includes data or information associated with a schedule or calendar, previously traveled route, regularity or irregularity as taught by Hansen) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of modifying the geofence based on a context information (i.e. as taught by both Saba & Hansen) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Claim(s) 4-6, 11-13 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabatelli et al. (US Patent Publication 2013/0331127 herein after referenced as Saba) in view of Kumar et al. (US Patent Publication 2017/0353829 herein after referenced as Kumar) and further in view of Bajaj et al. (US Patent 9,838,843 herein after referenced as Bajaj).
Regarding claim 4 and claim 11 and claim 18, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8) and The computer system of claim 15, (see claim 15).
wherein the size of the geofence is additionally modified (Saba, [0029] discloses The proximity-based notification system may monitor the user's movements and changes in context, and adjust the geo-fence 450 based on the user's movements and changes in context; Saba, [0034] discloses Context of an individual can include any conditions or circumstances associated with the individual. The individual's mobile device may provide information associated with the context to the proximity-based notification system to facilitate creation and modification of a geo-fence. Information associated with the context can include device or network related information, such as the individual's device or network configuration, capabilities, or status. The information can include location related information, such as the individual's current location, population density associated with the user's current location, property boundaries associated with the user's current location, or the distance between the individual's current location and another location. The information can include travel related information, such as the individual's direction of travel, speed of travel, travel destination, or available travel routes between the individual's location and another location. In general, the context information can include any information related to the conditions or circumstances associated with the individual).
Saba in view of Kumar discloses modifying the geofence based on a context information but fails to explicitly recite the use of a historical activity as part of the context and therefore fails to disclose “wherein the size of the geofence is additionally modified based on an activity of an application running on the mobile device.”
In a related field of endeavor, Bajaj discloses:
wherein the size of the geofence is additionally modified based on an activity of an application running on the mobile device (Bajaj, Fig. 9 & Column 22, Lines 5-21 discloses As further shown in FIG. 9, the method 900 includes an act 930 of generating a geo-fence based on tracked application data. For example, in one or more embodiments, the act 930 includes modifying the geo-fence between a first time period and a second time period by adjusting the boundary of the geo-fence based on a difference between the tracked activity for the first time period and the tracked activity for the second time period. For example, in one or more embodiments, the method 900 includes an act 940 of modifying the geo-fence for a second time period based on a second determined geographic region of interest for the second time period. For example, in one or more embodiments, the act 940 involves modifying the geo-fence for a second time period by adjusting the boundary of the geo-fence to be around a second determined geographic region of interest based on the tracked activity data for the second time period; Bajaj, Abstract discloses The present disclosure is directed toward systems and method for generating geo-fences having boundaries around geographic regions of interest based on historical activity data of a user application on a plurality of client devices. For example, systems and methods described herein involve tracking activity data to identify instances of an application activity associated with an action to promote and identify locations where users more frequently perform the application activity; Bajaj, Column 4, Lines 60-62 discloses As used herein, a “user application” refers to an application on a client device. For example, a user application may refer to a mobile application installed on a mobile device, such as mobile telephone, a tablet, a wearable device, etc.; Bajaj, Column 5, Lines 3-17 discloses As used herein, “activity data” refers generally to information associated with one or more observable activities performed on client devices with respect to a user application operating on the client devices. For example, activity data refers to information associated with observable activities including, for example, one or more user inputs, a location of a client device, a time of the activity, and other information associated with the activity. Activity data can further include information accessible to the user application e.g., via user permissions including, for example, captured images, scanned barcode information, or contact lists, etc. As used herein, activity data can refer to a plurality of application activities performed by a plurality of client devices and/or using a plurality of user applications).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Saba in view of Kumar to incorporate the teachings of Bajaj for the purpose of providing the system with a means to promote and identify locations where users more frequency perform the application activity (Bajaj, Abstract) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Saba, [0067]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of modifying the geofence based on a context information as taught by Saba) with another known element and comparable device utilizing a known technique (i.e. performing a process of modifying the geofence based on a context information, wherein the user context includes data or information associated with tracked user activity as taught by Bajaj) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of modifying the geofence based on a context information (i.e. as taught by both Saba & Bajaj) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 5 and claim 12 and claim 19, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8) and The computer system of claim 15, (see claim 15).
wherein the size of the geofence is additionally modified (Saba, [0029] discloses The proximity-based notification system may monitor the user's movements and changes in context, and adjust the geo-fence 450 based on the user's movements and changes in context; Saba, [0034] discloses Context of an individual can include any conditions or circumstances associated with the individual. The individual's mobile device may provide information associated with the context to the proximity-based notification system to facilitate creation and modification of a geo-fence. Information associated with the context can include device or network related information, such as the individual's device or network configuration, capabilities, or status. The information can include location related information, such as the individual's current location, population density associated with the user's current location, property boundaries associated with the user's current location, or the distance between the individual's current location and another location. The information can include travel related information, such as the individual's direction of travel, speed of travel, travel destination, or available travel routes between the individual's location and another location. In general, the context information can include any information related to the conditions or circumstances associated with the individual).
Saba in view of Kumar discloses modifying the geofence based on a context information but fails to explicitly recite the use of a historical activity as part of the context and therefore fails to disclose “wherein the size of the geofence is additionally modified based on a historical activity of the mobile device.”
In a related field of endeavor, Bajaj discloses:
wherein the size of the geofence is additionally modified based on a historical activity of the mobile device (Bajaj, Fig. 9 & Column 22, Lines 5-21 discloses As further shown in FIG. 9, the method 900 includes an act 930 of generating a geo-fence based on tracked application data. For example, in one or more embodiments, the act 930 includes modifying the geo-fence between a first time period and a second time period by adjusting the boundary of the geo-fence based on a difference between the tracked activity for the first time period and the tracked activity for the second time period. For example, in one or more embodiments, the method 900 includes an act 940 of modifying the geo-fence for a second time period based on a second determined geographic region of interest for the second time period. For example, in one or more embodiments, the act 940 involves modifying the geo-fence for a second time period by adjusting the boundary of the geo-fence to be around a second determined geographic region of interest based on the tracked activity data for the second time period; Bajaj, Abstract discloses The present disclosure is directed toward systems and method for generating geo-fences having boundaries around geographic regions of interest based on historical activity data of a user application on a plurality of client devices. For example, systems and methods described herein involve tracking activity data to identify instances of an application activity associated with an action to promote and identify locations where users more frequently perform the application activity; Bajaj, Column 4, Lines 60-62 discloses As used herein, a “user application” refers to an application on a client device. For example, a user application may refer to a mobile application installed on a mobile device, such as mobile telephone, a tablet, a wearable device, etc.; Bajaj, Column 5, Lines 3-17 discloses As used herein, “activity data” refers generally to information associated with one or more observable activities performed on client devices with respect to a user application operating on the client devices. For example, activity data refers to information associated with observable activities including, for example, one or more user inputs, a location of a client device, a time of the activity, and other information associated with the activity. Activity data can further include information accessible to the user application e.g., via user permissions including, for example, captured images, scanned barcode information, or contact lists, etc. As used herein, activity data can refer to a plurality of application activities performed by a plurality of client devices and/or using a plurality of user applications).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Saba in view of Kumar to incorporate the teachings of Bajaj for the purpose of providing the system with a means to promote and identify locations where users more frequency perform the application activity (Bajaj, Abstract) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Saba, [0067]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of modifying the geofence based on a context information as taught by Saba) with another known element and comparable device utilizing a known technique (i.e. performing a process of modifying the geofence based on a context information, wherein the user context includes data or information associated with tracked user activity as taught by Bajaj) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of modifying the geofence based on a context information (i.e. as taught by both Saba & Bajaj) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 6 and claim 13 and claim 20, Saba in view of Kumar discloses:
The computer-implemented method of claim 1, (see claim 1) and The non-transitory computer-readable storage medium of claim 8, (see claim 8) and The computer system of claim 15, (see claim 15).
wherein the size of the geofence is additionally modified (Saba, [0029] discloses The proximity-based notification system may monitor the user's movements and changes in context, and adjust the geo-fence 450 based on the user's movements and changes in context; Saba, [0034] discloses Context of an individual can include any conditions or circumstances associated with the individual. The individual's mobile device may provide information associated with the context to the proximity-based notification system to facilitate creation and modification of a geo-fence. Information associated with the context can include device or network related information, such as the individual's device or network configuration, capabilities, or status. The information can include location related information, such as the individual's current location, population density associated with the user's current location, property boundaries associated with the user's current location, or the distance between the individual's current location and another location. The information can include travel related information, such as the individual's direction of travel, speed of travel, travel destination, or available travel routes between the individual's location and another location. In general, the context information can include any information related to the conditions or circumstances associated with the individual).
Saba in view of Kumar discloses modifying the geofence based on a context information but fails to explicitly recite the use of a historical activity as part of the context and therefore fails to disclose “wherein the size of the geofence is additionally modified based on a difference between the movement or behavior of the mobile device and historical activity of the mobile device.”
In a related field of endeavor, Bajaj discloses:
wherein the size of the geofence is additionally modified based on a difference between the movement or behavior of the mobile device and historical activity of the mobile device (Bajaj, Fig. 9 & Column 22, Lines 5-21 discloses As further shown in FIG. 9, the method 900 includes an act 930 of generating a geo-fence based on tracked application data. For example, in one or more embodiments, the act 930 includes modifying the geo-fence between a first time period and a second time period by adjusting the boundary of the geo-fence based on a difference between the tracked activity for the first time period and the tracked activity for the second time period. For example, in one or more embodiments, the method 900 includes an act 940 of modifying the geo-fence for a second time period based on a second determined geographic region of interest for the second time period. For example, in one or more embodiments, the act 940 involves modifying the geo-fence for a second time period by adjusting the boundary of the geo-fence to be around a second determined geographic region of interest based on the tracked activity data for the second time period; Bajaj, Abstract discloses The present disclosure is directed toward systems and method for generating geo-fences having boundaries around geographic regions of interest based on historical activity data of a user application on a plurality of client devices. For example, systems and methods described herein involve tracking activity data to identify instances of an application activity associated with an action to promote and identify locations where users more frequently perform the application activity; Bajaj, Column 4, Lines 60-62 discloses As used herein, a “user application” refers to an application on a client device. For example, a user application may refer to a mobile application installed on a mobile device, such as mobile telephone, a tablet, a wearable device, etc.; Bajaj, Column 5, Lines 3-17 discloses As used herein, “activity data” refers generally to information associated with one or more observable activities performed on client devices with respect to a user application operating on the client devices. For example, activity data refers to information associated with observable activities including, for example, one or more user inputs, a location of a client device, a time of the activity, and other information associated with the activity. Activity data can further include information accessible to the user application e.g., via user permissions including, for example, captured images, scanned barcode information, or contact lists, etc. As used herein, activity data can refer to a plurality of application activities performed by a plurality of client devices and/or using a plurality of user applications).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Saba in view of Kumar to incorporate the teachings of Bajaj for the purpose of providing the system with a means to promote and identify locations where users more frequency perform the application activity (Bajaj, Abstract) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Saba, [0067]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of modifying the geofence based on a context information as taught by Saba) with another known element and comparable device utilizing a known technique (i.e. performing a process of modifying the geofence based on a context information, wherein the user context includes data or information associated with tracked user activity as taught by Bajaj) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of modifying the geofence based on a context information (i.e. as taught by both Saba & Bajaj) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Conclusion
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/MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
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