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 .
This office action is in response to amendments filed September 6, 2024.
Claims 3-5, 7-10, 13-14, 16-20, 22-27, and 29-30 have been amended.
Claims 1-30 are pending.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submission of the Information Disclosure Statement dated October 9, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609, a copy of the PTOL-1449 initialed and dated by the examiner is attached to the office action.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 12099471B2 (hereinafter referred to as the reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-30 under examination are anticipated by claims 1-29 of the reference patent (see the exemplary mapping of pending claim 1 and claim 1 of the reference patent, similar mappings can be made to pending claims 2-30 and claims 2-29 of the reference patent).
Regarding claim 1, the reference patent recites:
A method for application program (APP) management, comprising (A method for application program (APP) management, comprising)(claim 1):
obtaining, by a terminal device, a target desktop folder based on type information of an APP downloaded by the terminal device and attribute information of a desktop folder on the terminal device, wherein the downloaded APP is to be clustered in the target desktop folder (obtaining, by a terminal device, a target desktop folder based on type information of an APP downloaded by the terminal device and attribute information of a desktop folder on the terminal device ... wherein the downloaded APP is to be clustered in the target desktop folder)(claim 1); and
clustering, by the terminal device, the downloaded APP into the target desktop folder (clustering, by the terminal device, the downloaded APP into the target desktop folder)(claim 1).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 23 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 23, the claim recites “the first APP is in a second desktop folder on the terminal device, and a desktop folder in which the first APP is located is the second desktop folder”. It is unclear where the first APP is located. As such, the claim is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. For the purposes of examination, the limitation is interpreted as “the first APP is in a desktop folder which is a second desktop folder on the terminal device”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 8, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi (US Publication 20170277526A1).
Regarding claim 1, Shi teaches a method for application program (APP) management, comprising:
obtaining, by a terminal device, a target desktop folder based on type information of an APP downloaded by the terminal device and attribute information of a desktop folder on the terminal device, wherein the downloaded APP is to be clustered in the target desktop folder (the control apparatus 130 needs to determine a software category of to-be-installed software according to the software installation package. First, a characteristic extraction unit 131 of the control apparatus 130 extracts characteristic information of the to-be-installed software ... determine the software category of the to-be-installed software ... configured to determine whether the file folder corresponding to the software category exists in a user interface of the terminal ... FIG. 4 shows a flowchart of a software categorization method based on a terminal according to an embodiment)([0022], [0027], and [0029]; Figure 4 – a flowchart depicting the steps of determining a category folder to group an application is shown); and
clustering, by the terminal device, the downloaded APP into the target desktop folder (placing the icon for the to-be-installed software in the file folder)([0031]).
Regarding claim 2, Shi teaches the method according to claim 1, wherein the attribute information of the desktop folder comprises a name of the desktop folder or type information of an APP in the desktop folder (software may be automatically installed in a file folder for a software category corresponding to the to-be-installed software. For example ... game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; attribute comprises category information).
Regarding claim 8, Shi teaches the method according to claim 1, further comprising:
generating, by the terminal device, a fourth desktop folder when the target desktop folder in which the downloaded APP is to be clustered is not obtained (a file folder creation apparatus, configured to create the file folder corresponding to the software category in the user interface if the file folder corresponding to the software category does not exist in the user interface)([0027]);
naming, by the terminal device, the fourth desktop folder based on the type information of the downloaded APP (game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; folder attributes are named according to application category); and
adding, by the terminal device, the downloaded APP to the fourth desktop folder (placing the icon for the to-be-installed software in the file folder)([0031]).
Regarding claim 20, Shi teaches a terminal device, comprising:
a processor, and a memory coupled to the processor to store instructions, which when executed by the processor (electronic device, including: at least one processor; and a memory communicably connected with the at least one processor for storing instructions executable by the at least one processor)([0009]), cause the terminal device to:
obtain a target desktop folder based on type information of an APP downloaded by the terminal device and attribute information of a desktop folder on the terminal device, wherein the downloaded APP is to be clustered in the target desktop folder (the control apparatus 130 needs to determine a software category of to-be-installed software according to the software installation package. First, a characteristic extraction unit 131 of the control apparatus 130 extracts characteristic information of the to-be-installed software ... determine the software category of the to-be-installed software ... configured to determine whether the file folder corresponding to the software category exists in a user interface of the terminal ... FIG. 4 shows a flowchart of a software categorization method based on a terminal according to an embodiment)([0022], [0027], and [0029]; Figure 4 – a flowchart depicting the steps of determining a category folder to group an application is shown); and
cluster the downloaded APP into the target desktop folder (placing the icon for the to-be-installed software in the file folder)([0031]).
Regarding claim 21, Shi teaches the terminal device according to claim 20, wherein the attribute information of the desktop folder comprises a name of the desktop folder or type information of an APP in the desktop folder (software may be automatically installed in a file folder for a software category corresponding to the to-be-installed software. For example ... game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; attribute comprises category information).
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.
Claims 3-4, 6, 11-17, 22-23, 25, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Shi in further view of Rautray et al. (US Publication 20220050810A1).
Regarding claim 3, Shi teaches the method as applied above, Shi differs from the claim in that Shi fails to teach determining a similarity between an application and a folder using a similarity algorithm which compares application information and folder name, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity.
However, determining a similarity between an application and a folder using a similarity algorithm which compares application information and folder name, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity is taught by Rautray (FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the determining of Rautray such that a target folder for a downloaded application is decided by a similarity algorithm. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 4, Shi teaches the method as applied above, Shi differs from the claim in that Shi fails to teach determining a similarity between an application and an application in a folder using a similarity algorithm which compares application information and information of the application in the folder, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity.
However, determining a similarity between an application and an application in a folder using a similarity algorithm which compares application information and information of the application in the folder, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity is taught by Rautray (The system may identify keywords associated with a name of a folder with a user-defined name and/or identify keywords associated with a category of one or more applications ... assigned to the folder with a user-defined name … FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0005], [0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the determining of Rautray such that a target folder for a downloaded application is decided by a similarity algorithm. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 6, Shi teaches the method as applied above, Shi differs from the claim in that Shi fails to teach determining type information of an application based on historical download (e.g. release notes) data or search data for a user.
However, determining type information of an application based on release note data is taught by Rautray (the control circuitry 304 may be instructed by the keyword generation application to parse release notes ... associated with an application 104 to generate metadata related to the application 104 and/or identify or generate keywords associated with the application 104)([0032]).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the determining of Shi to include the determining of Rautray such that an application type is determined based on historical download data. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 11, Shi teaches a method for application program (APP) management, comprising:
receiving, by a server, a request message sent by a first terminal device, wherein the request message is used to request the server to obtain a target desktop folder in which an APP downloaded by the first terminal device is to be clustered (FIG. 6 shows a flowchart of a software categorization method based on a server ... determining a software category of to-be-downloaded software in response to the software download request)([0035]; a request for an application includes obtaining a category to group the application);
obtaining, by the server, the target desktop folder in which the downloaded APP is to be clustered based on type information of the APP downloaded by the first terminal device … (the software category of the to-be-downloaded software may be determined according to a software category list)([0035]); and
sending, by the server, a feedback message to the first terminal device, wherein the feedback message comprises a name of the target desktop folder (sending the software category of the to-be-downloaded software to the terminal)([0035]).
Shi differs from the claim in that Shi fails to teach the server obtains target folder based on type information of the application and attribute information of a folder on a device.
However, a server obtaining target folder based on type information of the application and attribute information of a folder on a device is taught by Rautray (When executed by the control circuitry 304 of the application server 220, the keyword generation application may instruct the control circuitry 304 of the media device 102 to transmit a name assigned to a given folder 106 ... at block 402, where control circuitry, such as the control circuitry 304, identifies a plurality of keywords associated with custom-named folder ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104 ... At block 410, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106)([0029], [0041], [0042], and [0045]).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the obtaining of Rautray such that a server obtains a target folder based on application type and folder attribute information. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 12, Shi-Rautray teach the method according to claim 11, wherein the attribute information of the desktop folder comprises a name of the desktop folder or type information of an APP in the desktop folder (Shi - software may be automatically installed in a file folder for a software category corresponding to the to-be-installed software. For example ... game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; attribute comprises category information).
Regarding claim 13, Shi-Rautray teach the method according to claim 12, wherein the obtaining, the target desktop folder in which the downloaded APP is to be clustered comprises: determining, by the server, a similarity between the type information of the downloaded APP and a name of a first desktop folder based on a similarity algorithm, wherein the first desktop folder is any desktop folder on the first terminal device; and determining, by the server, the first desktop folder as the target desktop folder when the similarity is greater than or equal to a first threshold or the similarity is a highest similarity (Rautray - FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
Regarding claim 14, Shi-Rautray teach the method according to claim 12, wherein the obtaining, the target desktop folder in which the downloaded APP is to be clustered comprises: determining, by the server, a similarity between the type information of the downloaded APP and type information of a first APP based on a similarity algorithm, wherein the first APP is in a second desktop folder on the first terminal device; and determining, by the server, the second desktop folder as the target desktop folder when the similarity is greater than or equal to a second threshold or the similarity is a highest similarity (Rautray - The system may identify keywords associated with a name of a folder with a user-defined name and/or identify keywords associated with a category of one or more applications ... assigned to the folder with a user-defined name … FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0005], [0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
Regarding claim 15, Shi-Rautray teach the method according to claim 11, further comprising: when the downloaded APP is a multi-purpose APP (Shi - social chatting software (for example, WeChat, QQ, and momo)([0010]; social chatting application are multi-purpose applications), determining, by the server, the type information of the downloaded APP based on historical download data or search data of a user (Rautray - the control circuitry 304 may be instructed by the keyword generation application to parse release notes ... associated with an application 104 to generate metadata related to the application 104 and/or identify or generate keywords associated with the application 104)([0032]; release note data is a type of historical download).
Regarding claim 16, Shi-Rautray teach the method according to claim 15, further comprising:
obtaining, by the server, type information of a second APP on the terminal device based on a preset rule (Rautray - Turning now to FIG. 6B, at block 612, the control circuitry 304 identifies an application category associated with an application corresponding to a shortcut in the given folder 106 with a user-defined name)([0065]; applications within a folder (i.e. rule) are obtained), wherein the obtaining the type information of the second APP on the terminal device comprises:
obtaining, by the server, the type information of the second APP from download information of the second APP (Rautray - At block 614, the control circuitry 304 identifies a keyword associated with the application category identified at block 612); and
predicting, by the server, the type information of the second APP based on a machine learning model when the type information of the second APP does not exist in the download information of the second APP (Rautray - The machine learning algorithms 366 may further be used to verify the association of the keywords with the application functionality to confirm that the appropriate keywords have been associated with the application 104. The machine learning algorithms 366 then provide as output the keywords and their associated application functionality back to the keyword database 368)([0040]).
Regarding claim 17, Shi-Rautray teach the method according to claim 11, further comprising:
generating, by the server, a fourth desktop folder when the target desktop folder in which the downloaded APP is to be clustered is not obtained (Shi - a file folder creation apparatus, configured to create the file folder corresponding to the software category in the user interface if the file folder corresponding to the software category does not exist in the user interface)([0027]);
naming, by the server, the fourth desktop folder based on the type information of the downloaded APP (Shi - game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; folder attributes are named according to application category); and
sending, by the server, the feedback message to the first terminal device, wherein the feedback message comprises a name of the fourth desktop folder (Shi - sending the software category of the to-be-downloaded software to the terminal)([0035]).
Regarding claim 22, Shi teaches the device as applied above, Shi differs from the claim in that Shi fails to teach determining a similarity between an application and a folder using a similarity algorithm which compares application information and folder name, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity.
However, determining a similarity between an application and a folder using a similarity algorithm which compares application information and folder name, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity is taught by Rautray (FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the determining of Rautray such that a target folder for a downloaded application is decided by a similarity algorithm. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 23, Shi teaches the device as applied above, Shi differs from the claim in that Shi fails to teach determining a similarity between an application and an application in folders using a similarity algorithm which compares application information and information of the application in the folders, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity.
However, determining a similarity between an application and an application in folders using a similarity algorithm which compares application information and information of the application in the folders, wherein a target folder is determined when the similarity is greater than or equal to a threshold or the similarity is a highest similarity is taught by Rautray (The system may identify keywords associated with a name of a folder with a user-defined name and/or identify keywords associated with a category of one or more applications ... assigned to the folder with a user-defined name … FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0005], [0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the determining of Rautray such that a target folder for a downloaded application is decided by a similarity algorithm. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 25, Shi teaches the device as applied above, Shi differs from the claim in that Shi fails to teach determining type information of an application based on historical download (e.g. release notes) data or search data for a user.
However, determining type information of an application based on release note data is taught by Rautray (the control circuitry 304 may be instructed by the keyword generation application to parse release notes ... associated with an application 104 to generate metadata related to the application 104 and/or identify or generate keywords associated with the application 104)([0032]).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the determining of Shi to include the determining of Rautray such that an application type is determined based on historical download data. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 27, Shi teaches a server, comprising:
a processor, and a memory coupled to the processor to store instructions, which when executed by the processor (FIG. 5 shows a schematic structural diagram of a server according to some embodiments of the present disclosure)([0017]; servers contain processor and memory), cause the server to:
receive a request message sent by a first terminal device, wherein the request message is used to request the server to obtain a target desktop folder in which an APP downloaded by the first terminal device is to be clustered (FIG. 6 shows a flowchart of a software categorization method based on a server ... determining a software category of to-be-downloaded software in response to the software download request)([0035]; a request for an application includes obtaining a category to group the application);
obtain the target desktop folder in which the downloaded APP is to be clustered based on type information of the APP downloaded by the first terminal device … … (the software category of the to-be-downloaded software may be determined according to a software category list)([0035]); and
send a feedback message to the first terminal device, wherein the feedback message comprises a name of the target desktop folder (sending the software category of the to-be-downloaded software to the terminal)([0035]).
Shi differs from the claim in that Shi fails to teach the server obtains target folder based on type information of the application and attribute information of a folder on a device.
However, a server obtaining target folder based on type information of the application and attribute information of a folder on a device is taught by Rautray (When executed by the control circuitry 304 of the application server 220, the keyword generation application may instruct the control circuitry 304 of the media device 102 to transmit a name assigned to a given folder 106 ... at block 402, where control circuitry, such as the control circuitry 304, identifies a plurality of keywords associated with custom-named folder ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104 ... At block 410, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106)([0029], [0041], [0042], and [0045]).
The examiner notes Shi and Rautray teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the obtaining of Shi to include the obtaining of Rautray such that a server obtains a target folder based on application type and folder attribute information. One would be motivated to make such a combination to provide the advantage of facilitating the assignment of applications to custom folder names ([0003]; Rautray).
Regarding claim 28, Shi-Rautray teach the server according to claim 27, wherein the attribute information of the desktop folder comprises a name of the desktop folder or type information of an APP in the desktop folder (Shi - software may be automatically installed in a file folder for a software category corresponding to the to-be-installed software. For example ... game software such as Plants vs. Zombies, Space Hunter, and Fantasy Westward Journey may be automatically created in a file folder for game software)([0036]; attribute comprises category information).
Regarding claim 29, Shi-Rautray teach the server according to claim 28, wherein to obtain the target desktop folder in which the downloaded APP is to be clustered, the instructions, which when executed by the processor, cause the server to: determine a similarity between the type information of the downloaded APP and a name of a first desktop folder based on a similarity algorithm, wherein the first desktop folder is any desktop folder on the first terminal device; and determine the first desktop folder as the target desktop folder when the similarity is greater than or equal to a first threshold or the similarity is a highest similarity (Rautray - FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shi in further view of Cranfill et al. (US Publication 20130332886A1).
Regarding claim 9, Shi teaches the method as applied above, Shi differs from the claim in that Shi fails to teach reminding a user folder location of a downloaded application.
However, reminding a user folder location of a downloaded application is taught by Cranfill (The folder 500 may have a visual indicator 510 indicating that the folder contains an application that was recently installed)([0098]).
The examiner notes Shi and Cranfill teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the clustering of Shi to include the reminding of Cranfill such that a user is reminded of a downloaded application. One would be motivated to make such a combination to aid a user in identifying recently downloaded content ([0004]; Cranfill).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shi in further view of Shim (US Publication 20150355816A1).
Regarding claim 10, Shi teaches the method as applied above, Shi differs from the claim in that Shi fails to teach sending a message to a server to update a desktop folder or an APP comprised in the desktop folder.
However, message to a server to update a desktop folder or an APP comprised in the desktop folder is taught by Shim (the stored information about the layout includes ... a position at which an icon is placed ... icon type information that indicates the type of icons, e.g., app/shortcut/folder/widget ... Referring to FIG. 10, in step S1010, the user changes the layout of the icons displayed on the screen of the second device 20 ... In step S1020, the second device 20 transmits the changed information about layout of the icons of the second device 20 to the server 50)([0039] and [0113]).
The examiner notes Shi and Shim teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the clustering of Shi to include the sending of Shim such that updated folder information is sent to a server. One would be motivated to make such a combination to provide the advantage of syncing folder information across devices.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Shi, Rautray, and in further view of Shim.
Regarding claim 19, Shi-Rautray teach the method as applied above, Shi-Rautray differs from the claim in that Shi-Rautray fails to teach receiving a message from a second device to replicate desktop data for a first device, wherein desktop data includes a folder, an application in a folder, and an application not in a folder and sending the desktop information from the first device to second device.
However, receiving a message from a second device to replicate desktop data for a first device, wherein desktop data includes a folder, an application in a folder, and an application not in a folder and sending the desktop information from the first device to second device is taught by Shim (the stored information about the layout includes ... a position at which an icon is placed ... icon type information that indicates the type of icons, e.g., app/shortcut/folder/widget ... In step S920, the first device 10 requests information about a layout of the icons on the screen of another device ... In step S960, the server 50 transmits the information about layout of the icons on the screen of the second device 20, as received from the second device 20, to the first device 10)([0039] , [0109], and [0110]).
The examiner notes Shi, Rautray, and Shim teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the clustering of Shi-Rautray to include the receiving and sending of Shim such that a request is received to replicate a desktop and layout data is sent to enable a device to replicate a desktop of another device. One would be motivated to make such a combination to provide the advantage of syncing displays across devices.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Shi, Rautray, and in further view of Tyler et al. (US Publication 20210286510A1).
Regarding claim 30, Shi-Rautray teach the server as applied above, wherein type information of applications on a device are obtained to determine a similarity between applications to cluster (The system may identify keywords associated with a name of a folder with a user-defined name and/or identify keywords associated with a category of one or more applications ... assigned to the folder with a user-defined name … FIGS. 4A and 4B show a flowchart of an illustrative process for automatically assigning application shortcuts to folders ... at block 402, ... identifies a plurality of keywords associated with custom-named folders ... At block 404, the control circuitry 304 identifies a keyword associated with an application 104. For example, the control circuitry 304 may retrieve metadata associated with the application 104 ... At block 406, the control circuitry 304 determines whether the keyword associated with the application ... matches a keyword in the plurality of keywords associated with the folders 106 ... At block 430, the control circuitry 304 assigns a shortcut 108 for the application 104 to a folder 106 with a user-defined name corresponding to the first matching keyword and the second matching keyword)([0005], [0041], [0042], [0043], and [0055]; Figures 4A and 4B – a similarity algorithm to determine a target folder is shown). Shi-Rautray differs from the claim in that Shi-Rautray fails to teach clustering applications not in a folder by generating a folder when similarity is equal to a threshold (i.e. matches) and naming the folder based on type information of clustered applications.
However, clustering applications not in a folder by generating a folder when similarity matches and naming the folder based on type information of clustered applications is taught by Tyler (Method 6000 relates to providing access to a system user interface that includes representations of different automatically-generated groupings of applications ... subset of application icons correspond to at least a subset of the plurality of applications that belong to (e.g., automatically selected by the computer system for inclusion in) ... (e.g., the computer system automatically assigns the applications to their respective grouping based on various characteristics of the applications (e.g., tags, names, app store categories, etc.)). These features are illustrated, for example, in FIGS. 5A1-5A4)([0528], and [0529]; Figure 5A1 – an exemplary creation of a folder as a result of grouping applications not in folders is shown).
The examiner notes Shi, Rautray, and Tyler teach clustering applications to folders. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the clustering of Shi-Rautray to include the generating and naming of Tyler such that a folder name is generated and named based on similarity. One would be motivated to make such a combination to provide the advantage of automatically arranging applications in a user interface.
Allowable Subject Matter
Claims 5, 7, 18, 24, and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for grouping applications into folders.
US20200151141A1
KR20130095968A
WO2020185235A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yongjia Pan whose telephone number is (571)270-1177. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached at 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YONGJIA PAN/Primary Examiner, Art Unit 2118
Prosecution Insights