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 .
DETAILED ACTION
This Office Action is in response to the application 18/821497 filed on August 30, 2024.
Claims 1-20 have been examined and are pending.
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 claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 14, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, and 19 respectively of US Patent No. 12,093,522 Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations recited in claims 1, 14, and 20 of the instant application is encompassed by claims 1, 11, and 19 respectively of the US Patent No. 12,093,522. See comparison table below for details.
Instant Application # 18/821,497
Patent Application # 12,093,522
1. A computer-implemented method comprising:
accessing one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determining, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is being touched;
determining, based on the contextual information and the determination of the at least one antenna’s physical location, which alternate antenna of the mobile electronic device is usable to transmit or receive data; and
switching antenna operations to the determined alternate antenna on the mobile electronic device based on the determination.
14. A system comprising:
at least one physical processor; physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to:
access one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determine, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is being touched;
determine, based on the contextual information and the determination of the at least one antenna’s physical location, which alternate antenna of the mobile electronic device is usable to transmit or receive data;
and
switch antenna operations to the determined alternate antenna on the mobile electronic device based on the determination.
20. A mobile electronic device that includes a non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to:
access one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determine, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is being touched;
determine, based on the contextual information and the determination of the at least one antenna’s physical location, which alternate antenna of the mobile electronic device is usable to transmit or receive data; and
switch antenna operations to the determined alternate antenna on the mobile electronic device based on the determination.
1. A computer-implemented method comprising:
accessing one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determining, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is physically located within a specified distance of the portions of the mobile electronic device that are being touched;
determining, based on the contextual information and the determination of the at least one antenna's physical location, which of one or more specified operational parameters associated with the at least one antenna of the mobile electronic device are to be changed, wherein the determining includes predicting, based on the contextual information, which specified operational parameters are to be changed for the antenna; and
changing the specified operational parameters associated with the at least one antenna on the mobile electronic device based on the prediction.
11. A system comprising:
at least one physical processor; physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to:
access one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determine, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is physically located within a specified distance of the portions of the mobile electronic device that are being touched;
determine, based on the contextual information and the determination of the at least one antenna's physical location, which of one or more specified operational parameters associated with the at least one antenna of the mobile electronic device are to be changed, wherein the determining includes predicting, based on the contextual information, which specified operational parameters are to be changed for the antenna; and
change the specified operational parameters associated with the at least one antenna on the mobile electronic device based on the prediction.
19. A mobile electronic device that includes a non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to:
access one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device, the contextual information indicating which portions of the mobile electronic device are being touched;
determine, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is physically located within a specified distance of the portions of the mobile electronic device that are being touched;
determine, based on the contextual information and the determination of the at least one antenna's physical location, which of one or more specified operational parameters associated with at least one antenna of the mobile electronic device are to be changed, wherein the determining includes predicting, based on the contextual information, which specified operational parameters are to be changed for the antenna; and
change the specified operational parameters associated with the at least one antenna on the mobile electronic device based on the prediction.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lyons et al., (“Lyons,” US 2009/0059730).
Regarding claim 1, Lyons discloses a computer-implemented method comprising:
accessing one or more portions of contextual information based on at least one touch input from a touch-based sensor on a mobile electronic device (pars. 0021-0023; Figs. 1-4; a touch sensitive user interface 112; the contextual information indicating which portions of the mobile electronic device are being touched (pars.0122-023, 0139; Figs. 7-8; “a bezel 114 of a watch device having four discrete positions marked "menu," "training," "GPS," "time/date," or the like”);
determining, based on the indication of which portions of the mobile electronic device are being touched, that at least one antenna is being touched (pars. 0023-0026, 0038-0039; Figs. 5-8; a processing system will perform operation based on sensing touch on wearable device; for example, press or ‘tap’ and/or a longer press or ‘press-and-hold’);
determining, based on the contextual information and the determination of the at least one antenna’s physical location, which alternate antenna of the mobile electronic device is usable to transmit or receive data (pars. 0025, 0028, 0033, 0035, 0038-0039; Figs. 5-8; a processing system will perform operation associated sensing touch on wearable device; for example, the user may use a single press to access the GPS mode and then scroll through menu or screens to turn the GPS receiver on or off and/or to provide information about GPS satellite acquisition); and
switching antenna operations to the determined alternate antenna on the mobile electronic device based on the determination (pars.0040-0045; Fig. 8; the watch device 100 may prompt the user for an input if it determines that the user is not exercising and then disable the location determining component based on the wearer input or the lack of wearer input and/or the touch-sensitive sensor may sense various electrical properties of the human body to determine if the watch device 100 is currently being worn, the accelerometer may detect movement of the watch device 100 to determine its wear status, and the infrared sensor and heat sensor may detect heat associated with the human body as compared to background radiation to determine if the watch is being worn. If the watch device 100 determines it is not currently being worn, it may disable the location determining component; and also see pars. 0029-0027).
Regarding claim 2, Lyons discloses the computer-implemented method of claim 1, further comprising: receiving updated contextual information based on an updated touch input from the touch-based sensor on the mobile electronic device (pars. 0025-0027, 0039; “the user interface 112 may be used to adjust the second training parameter via a scrolling motion press on the bezel 114. For example, training parameters for the virtual training partner such as speed, heart rate, and the like, may be increased via a clockwise scrolling motion press or decreased via a counterclockwise scrolling motion press.”); and
switching antenna operations back to the at least one antenna (pars. 0029-0027, 0040-0045; Fig. 8).
Regarding claim 3, Lyons discloses the computer-implemented method of claim 1, further comprising tuning the determined alternate antenna based on the accessed contextual information (par. 0039-0043).
Regarding claim 4, Lyons discloses the computer-implemented method of claim 1, further comprising changing one or more antenna feed characteristics of the determined alternate antenna based on the accessed contextual information (pars. 0032-0035).
Regarding claim 5, Lyons discloses the computer-implemented method of claim 1, further comprising changing one or more beamforming characteristics of the determined alternate antenna based on the accessed contextual information (pars.0040-0045; Fig. 8; the watch device 100 may prompt the user for an input if it determines that the user is not exercising and then disable the location determining component based on the wearer input or the lack of wearer input and/or the touch-sensitive sensor may sense various electrical properties of the human body to determine if the watch device 100 is currently being worn, the accelerometer may detect movement of the watch device 100 to determine its wear status, and the infrared sensor and heat sensor may detect heat associated with the human body as compared to background radiation to determine if the watch is being worn. If the watch device 100 determines it is not currently being worn, it may disable the location determining component).
Regarding claim 6, Lyons discloses the computer-implemented method of claim 1, wherein the touch-based sensor comprises at least one of a bezel of the mobile electronic device or a touchscreen of the mobile electronic device (pars. 0041; Fig. 1; the bezel 114).
Regarding claim 9, Lyons discloses the computer-implemented method of claim 1, wherein one or more operational parameters of the antenna are dynamically updated as updates to the contextual information are received (pars. 0025-0027, 0039; “the user interface 112 may be used to adjust the second training parameter via a scrolling motion press on the bezel 114. For example, training parameters for the virtual training partner such as speed, heart rate, and the like, may be increased via a clockwise scrolling motion press or decreased via a counterclockwise scrolling motion press.”).
Regarding claim 10, Lyons discloses the computer-implemented method of claim 9, wherein the mobile electronic device is personalized to a specific user according to one or more user-specific characteristics that are part of the contextual information (pars. 0039, 0041-0045, Fig. 7A-8).
Regarding claim 11, Lyons discloses the computer-implemented method of claim 1, wherein one or more operational parameters associated with the determined alternate antenna are changed on the mobile electronic device including at least one of: tuning the antenna, changing antenna feed characteristics, turning the antenna off or on, changing beamforming characteristics, changing transmission power, changing gain, or changing S parameters (pars.0040-0045; Fig. 8; the watch device 100 may prompt the user for an input if it determines that the user is not exercising and then disable the location determining component based on the wearer input or the lack of wearer input and/or the touch-sensitive sensor may sense various electrical properties of the human body to determine if the watch device 100 is currently being worn, the accelerometer may detect movement of the watch device 100 to determine its wear status, and the infrared sensor and heat sensor may detect heat associated with the human body as compared to background radiation to determine if the watch is being worn. If the watch device 100 determines it is not currently being worn, it may disable the location determining component).
Regarding claim 12, Lyon discloses the computer-implemented method of claim 11, wherein the operational parameters associated with the determined alternate antenna on the mobile electronic device are changed based on the location of the determined alternate antenna within the mobile electronic device (pars.0040-0045; Fig. 8; the watch device 100 may prompt the user for an input if it determines that the user is not exercising and then disable the location determining component based on the wearer input or the lack of wearer input; if the watch device 100 determines it is not currently being worn, the location determining component is disable).
Regarding claim 13, Lyon discloses the computer-implemented method of claim 11, wherein the operational parameters associated with the determined alternate antenna on the mobile electronic device are changed based on what in the mobile electronic device is being used as a radiating element for the antenna (pars.0040-0045; Fig. 8; the watch device 100 may prompt the user for an input if it determines that the user is not exercising and then disable the location determining component based on the wearer input or the lack of wearer input; if the watch device 100 determines it is not currently being worn, the location determining component is disable).
Regarding claims 14-15; claims 14-15 are directed to system associated with the method claimed in claims 1-2 respectively; Claims 14-15 are similar in scope to claims 1-2 respectively, and are therefore rejected under similar rationale.
Regarding claims 16-17; claims 16-17 are directed to system associated with the method claimed in claims 13-14 respectively; Claims 16-17 are similar in scope to claims 13-14 respectively, and are therefore rejected under similar rationale
Regarding claim 20; claim 20 is directed to non-transitory computer-readable medium associated with the method claimed in claim 1; Claim 20 is similar in scope to claim 1, and is therefore rejected under similar rationale.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lyons et al., (“Lyons,” US 2009/0059730), in view of Chen et al., (“Chen,” US 2019/0369835), and further in view of Burton, US 2021/0169417.
Regarding claim 7, Lyons discloses the computer-implemented method of claim 6, wherein the touch input is received at the bezel of the mobile electronic device (par. 0041).
Lyons teaches all limitations above, but does not explicitly disclose wherein a second touch input is received at the touchscreen of the mobile electronic device.
However, Chen discloses a method for controlling smartwatch, wherein a second touch input is received at the touchscreen of the mobile electronic device (Chen: pars. 0093 and 0134; Figs. 1-a and 1-b).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Lyons with the system/method of Chen. One would have been motivated to prevent user errors and enable system verification.
Chen and Lyons do not disclose wherein one or more operational parameters of the antenna are changed based on both the touch input and the second touch input.
However, Burton further discloses a method for monitoring mobile wearable device, wherein one or more operational parameters of the antenna are changed based on both the touch input and the second touch input (pars. 1061, 1074-0108, 0116, 1243).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Lyons and Chen with the method/system of Burton to change operations based on predicted information.
Regarding claim 8, Lyons, Chen, and Burton disclose the computer-implemented method of claim 7
Lyons further discloses the method, wherein at least one of the touch input and the second touch input are prioritized when determining which operational parameters are to be changed are based on both the touch input and the second touch input (Lyons: pars. 0025-0027, 0039; a clockwise scrolling motion and a counterclockwise scrolling motion press may be increased or decreased based on training parameter, such as heart rate).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lyons et al., (“Lyons,” US 2009/0059730), in view of Burton, US 2021/0169417.
Regarding claim 18, Lyons discloses the system of claim 15. Lyons teaches all limitations above, but does not explicitly disclose wherein the predicted changes to the operational parameters are based on a predicted action taken by a user in relation to the touch-based sensor.
However, Burton further discloses a method for monitoring mobile wearable device, wherein the predicted changes to the operational parameters are based on a predicted action taken by a user in relation to the touch-based sensor (pars. 1061, 1074-0108, 0116, 1243).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Lyons with the method/system of Burton to change operations based on predicted information.
Regarding claim 19, Lyons discloses the system of claim 15. Lyons teaches all limitations above, but does not explicitly disclose wherein the prediction is performed using artificial intelligence including at least one of a machine learning model or a neural network.
However, Burton further discloses a method for monitoring mobile wearable device, wherein the prediction is performed using artificial intelligence including at least one of a machine learning model or a neural network (pars. 2740-2755).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Lyons with the method/system of Burton to change operations based on predicted information.
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 these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275,277 (CCPA 1968))
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH K PHAM whose telephone number is (571)270-3230. The examiner can normally be reached Monday-Thursday from 8:00 AM to 6:00 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L Bashore can be reached on (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINH K PHAM/
Primary Examiner
Art Unit 2174
Prosecution Insights