Prosecution Insights
Last updated: October 04, 2026
Application No. 18/829,718

METHOD FOR NOTIFYING A USER OF AN EVENT, FOR EXAMPLE IN THE EVENT OF A DISASTER

Non-Final OA §102§103
Filed
Sep 10, 2024
Priority
Sep 11, 2023 — DE 10 2023 124 465.5
Examiner
MUNION, JAMES E
Art Unit
2688
Tech Center
2600 — Communications
Assignee
Fm Marketing GmbH
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
114 granted / 149 resolved
+14.5% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
33 currently pending
Career history
186
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 149 resolved cases

Office Action

§102 §103
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 . Response to Amendment This action is responsive to applicant amendments/remarks received 02/18/2026. Claim 1 amended. Claims 1-10 remain pending. 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. Claims 1, 4-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ONUMA (JP Patent No. 2021068214 A). In re claim 1, Onuma teaches A method for notifying a user of an event (Abstract: “To reliably convey emergency prompt announcement.”) comprising: receiving a push message that is based on the event, the push message including configuration information at least partially describing configuration of a call-to-action (CTA) button on a remote control (Description, para [0028]: “Then, the transmission / reception terminal 20 in the present invention receives the emergency breaking news mail.” and para [0029]: “An instruction to set the installed transmission / reception terminal 20 to the "safety confirmation mode" is transmitted to the transmission / reception terminal 20, and the transmission / reception terminal 20 sets itself to the "safety confirmation mode" based on the received instruction.”) generating a push command instructing a signal transmitter to prompt the user to press the CTA button on the remote control (Description, para [0088]: “In the above, when the transmitting / receiving terminal 20 receives the emergency breaking news, only the emergency breaking information is output, but the safety confirmation message is output together with the emergency breaking information or instead of the emergency breaking information. May be good. The message confirming the safety is, for example, as shown in FIG. 12, a more polite and easy-to-understand message in which the content is changed according to the type of the emergency breaking news mail. In this figure, it is shown that the terminal output unit 24 outputs different safety confirmation messages depending on the earthquake early warning and the evacuation advisory due to heavy rain or the like.”); generating a configuration instruction that instructs the remote control to configure the remote control in an area of the CTA button based on the configuration information (Description, para [0089]: “When the safety confirmation message is output, it is preferable that the transmission / reception terminal 20 has a configuration that accepts the response operation of the user in response to the output. A configuration that accepts a response operation according to a safety confirmation message may include, for example, a button other than the button for notifying that the message has been transmitted, or a plurality of buttons for the safety confirmation message displayed on the touch panel. You may answer by pressing one of the selectable buttons… The safety confirmation button may be installed on the transmission / reception terminal 20, or the remote control button for remotely operating the transmission / reception terminal 20 may also have the function of the safety confirmation button.”); sending the push command to the signal transmitter (Description, para [0088]: “…the terminal output unit 24 outputs different safety confirmation messages depending on the earthquake early warning and the evacuation advisory due to heavy rain or the like.” and para [0062]: “…the terminal output unit 24 includes a display panel that visually displays emergency early warning information and the like in characters…”); sending the configuration instruction to the remote control (Description, para [0047]: “…the terminal operation unit 25 is provided with an independent button for operating the fact that the information of the emergency breaking news is heard and transmitted, and in addition to this, it is preferable to provide a touch panel for flexible operation.” and para [0089]: “A configuration that accepts a response operation according to a safety confirmation message may include, for example… a plurality of buttons for the safety confirmation message displayed on the touch panel. You may answer by pressing one of the selectable buttons…”); and sending a message indicating operation of the CTA button by the user to a control system (Description, para [0090]: “…the transmission / reception terminal 20 (first terminal communication unit 211) transmits an answer corresponding to the operation received by the terminal operation unit 25 to the information aggregation server 30.”). Control device claim 8 is rejected for the same reasons as method claim 1 for having similar limitations and being similar in scope. In re claim 4, Onuma teaches further comprising executing a program upon reception of operating feedback (Description, para [0090]: “When such an answer operation is performed, the transmission / reception terminal 20 (first terminal communication unit 211) transmits an answer corresponding to the operation received by the terminal operation unit 25 to the information aggregation server 30. In this way, by outputting a safety confirmation message, it is possible to take flexible measures such as outputting a different message depending on the type of disaster, and by replying to the user's reply to that message, the user's status can be checked. It becomes possible to grasp more accurately. Further, if a button function for confirming the safety of the user is added to such a transmitting / receiving terminal 20, it can be linked to the reception of an earthquake early warning mail (particularly, an earthquake early warning mail), and the user's safety confirmation can be performed even in normal times. It is also possible to go quickly.”). In re claim 5, Onuma teaches wherein the program is executed as a function of data identifying the user (Description, para [0020]: “When the transmission / reception terminal 20 receives the emergency breaking news mail, the transmission / reception terminal 20 can switch the mode of the transmission / reception terminal 20 from the normal mode to the safety confirmation mode. Then, when the transmission / reception terminal 20 detects the existence of the user's electronic tag 10 in the safety confirmation mode, the transmission / reception terminal 20 has a function of recognizing that the user is "before evacuation" and outputting a message prompting evacuation.”). In re claim 6, Onuma teaches further comprising sending a message generated based on user feedback to a server (Description, para [0090]: “When such an answer operation is performed, the transmission / reception terminal 20 (first terminal communication unit 211) transmits an answer corresponding to the operation received by the terminal operation unit 25 to the information aggregation server 30. In this way, by outputting a safety confirmation message, it is possible to take flexible measures such as outputting a different message depending on the type of disaster, and by replying to the user's reply to that message, the user's status can be checked. It becomes possible to grasp more accurately. Further, if a button function for confirming the safety of the user is added to such a transmitting / receiving terminal 20, it can be linked to the reception of an earthquake early warning mail (particularly, an earthquake early warning mail), and the user's safety confirmation can be performed even in normal times. It is also possible to go quickly.”). In re claim 9, Onuma teaches A remote control configured to communicate with the control device of claim 8 (SEE CLAIM 8 REJECTION ABOVE), comprising: a call-to-action button (Description, para [0089]: “The safety confirmation button may be installed on the transmission / reception terminal 20, or the remote control button for remotely operating the transmission / reception terminal 20 may also have the function of the safety confirmation button.”; a communication device configured to receive configuration information (Description, para [0090]: “…the transmission / reception terminal 20 (first terminal communication unit 211) transmits an answer corresponding to the operation received by the terminal operation unit 25 to the information aggregation server 30.”); and an actuator configured to customize the remote control in an area of the call-to-action button based on the configuration information (Description, para [0089]: “When the safety confirmation message is output, it is preferable that the transmission / reception terminal 20 has a configuration that accepts the response operation of the user in response to the output. A configuration that accepts a response operation according to a safety confirmation message may include, for example, a button other than the button for notifying that the message has been transmitted, or a plurality of buttons for the safety confirmation message displayed on the touch panel. You may answer by pressing one of the selectable buttons… The safety confirmation button may be installed on the transmission / reception terminal 20, or the remote control button for remotely operating the transmission / reception terminal 20 may also have the function of the safety confirmation button.”). System claim 10 is rejected for the same reasons as method claim 1, control device claim 8 and remote control claim 9 for having similar limitations and being similar in scope. 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 2-3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over ONUMA (JP Patent No. 2021068214 A), in view of BAEK (KR Patent No. 100980741 B1). In re claim 2, Onuma teaches all of the limitations of claim 1 stated above but fails to teach wherein the push command comprises the configuration information, and a screen as a signal transmitter is instructed to display an image of the CTA button. However, Baek teaches wherein the push command comprises the configuration information, and a screen as a signal transmitter is instructed to display an image of the CTA button (SEE FIG 9 and Description, para [0063]: “According to an embodiment of the present invention, the user's input may be received while the same screen as the screen displayed on the display 202 of the TV 200 is displayed on the touch screen 102. Before performing the above-described operation, it is configured to receive the current screen information of the display 202 from the TV 200 as shown in FIG. 9, and then display this screen information on the touch screen 102 and then receive a user input. can do.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Onuma to incorporate the teachings of Baek to provide wherein the push command comprises the configuration information, and a screen as a signal transmitter is instructed to display an image of the CTA button with the Information Processing System And Information Processing Method of Onuma. Doing so enables conveniently controlling the display device with various additional functions by touch of a touch screen, as recognized by Baek (Abstract). In re claim 3, Onuma and Baek teach all of the limitations of claim 2 stated above where Baek further teaches wherein the image of the CTA button is superimposed over another image on the screen (Description, para [0095]: “12 and 13 may be applied to all cases in which a user needs to input a touch input while looking at the touch screen 102 of the remote controller 100 as well as the text input panel. For example, when the TV control menu 143 of FIG. 9 is displayed on the touch screen 102 of the remote controller 100, the same type of panel is displayed on the display 202 of the TV 200, and the control is performed. Feedback may be provided by highlighting a button touched by a user in the menu 143 on the display 202.”). In re claim 7, Onuma and Baek teach all of the limitations of claim 1 stated above where Onuma further teaches wherein a server has sent the push message that is based on the event (Description, para [0090]: “When such an answer operation is performed, the transmission / reception terminal 20 (first terminal communication unit 211) transmits an answer corresponding to the operation received by the terminal operation unit 25 to the information aggregation server 30. In this way, by outputting a safety confirmation message, it is possible to take flexible measures such as outputting a different message depending on the type of disaster, and by replying to the user's reply to that message, the user's status can be checked. It becomes possible to grasp more accurately. Further, if a button function for confirming the safety of the user is added to such a transmitting / receiving terminal 20, it can be linked to the reception of an earthquake early warning mail (particularly, an earthquake early warning mail), and the user's safety confirmation can be performed even in normal times. It is also possible to go quickly.”). The combination fails to teach wherein the operating feedback contains information on a multimedia content that is displayed on a screen immediately before the CTA button is displayed. However, Baek teaches wherein the operating feedback contains information on a multimedia content that is displayed on a screen immediately before the CTA button is displayed (Description, para [0063]: “According to an embodiment of the present invention, the user's input may be received while the same screen as the screen displayed on the display 202 of the TV 200 is displayed on the touch screen 102. Before performing the above-described operation, it is configured to receive the current screen information of the display 202 from the TV 200 as shown in FIG. 9, and then display this screen information on the touch screen 102 and then receive a user input. can do.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Onuma and Baek to further incorporate the teachings of Baek to provide wherein the operating feedback contains information on a multimedia content that is displayed on a screen immediately before the CTA button is displayed with the Information Processing System And Information Processing Method of Onuma as modified by Baek. Doing so enables conveniently controlling the display device with various additional functions by touch of a touch screen, as recognized by Baek (Abstract). Response to Arguments Applicant remarks received 02/18/2026 have been fully considered but they are not persuasive. On pages 7-8 of applicant remarks, applicant argues: “A. Onuma fails to disclose "configuration information" describing a configuration of a CTA button. The Office asserts that Onuma discloses a push message containing configuration information because Onuma describes receiving emergency news mail and setting a terminal to a "safety confirmation mode." (Office Action at p. 3). However, a careful review of Onuma reveals that the "push message" (emergency mail) consists purely of semantic content-i.e., information regarding a disaster event itself-rather than technical data used to configure a user interface element such as the CTA button in claim 1. The Office quotes Onuma's description as stating that "the transmission / reception terminal 20 ... receives the emergency breaking news mail" and that an "instruction to set the installed transmission / reception terminal 20 to the 'safety confirmation mode' is transmitted to the transmission / reception terminal 20." (Office Action at p. 3, quoting Onuma). In the disclosure of Onuma, this "content" consistently refers to the warning details (e.g., earthquakes or heavy rainfall) and not to technical parameters for configuring a user interface. Specifically, the Office's own quotation of Onuma demonstrates that the message content is situational information, noting that the output "different safety confirmation messages depending on the earthquake early warning and the evacuation advisory due to heavy rain or the like." (Office Action at p. 4, quoting Onuma). This confirms that the information received is descriptive of the event (the "content") to be displayed, such as "characters" on a "display panel" (Office Action at 4), rather than technical "configuration information" describing the mechanical or functional configuration of any element of a user interface such as the CTA button. Consequently, Onuma does not disclose that the message contains "configuration information at least partially describing configuration of a call-to-action (CTA) button." In Onuma, the buttons are either static or triggered by a broad, system-wide "safety confirmation mode." There is no disclosure of technical parameters within the push message that define (e.g., the specific layout, logic, or appearance of) a CTA button on a per-event basis. Because Onuma fails to disclose a push message that carries technical configuration data for a specific interaction element, Onuma cannot anticipate Claim 1.” Examiner respectfully disagrees. Onuma teaches at least in description, para [0029]: “An instruction to set the installed transmission / reception terminal 20 to the "safety confirmation mode" is transmitted to the transmission / reception terminal 20, and the transmission / reception terminal 20 sets itself to the "safety confirmation mode" based on the received instruction.”, terminal 20 is instructed to be set to the ‘safety confirmation mode’, which ‘configures’ terminal 20 to ‘at least partially’ describe configuring a CTA button—since the CTA button is only ‘set’ when in the ‘safety confirmation mode’—Onuma describes this concept further in description, para [0089]: “When the safety confirmation message is output, it is preferable that the transmission / reception terminal 20 has a configuration that accepts the response operation of the user in response to the output. A configuration that accepts a response operation according to a safety confirmation message may include, for example, a button other than the button for notifying that the message has been transmitted, or a plurality of buttons for the safety confirmation message displayed on the touch panel. You may answer by pressing one of the selectable buttons. Multiple choices may include selecting the urgency of help or assistance, for example, "I need help immediately" or "I don't need help immediately but need help during evacuation". The safety confirmation button may be installed on the transmission / reception terminal 20, or the remote control button for remotely operating the transmission / reception terminal 20 may also have the function of the safety confirmation button..”, Examiner notes ‘When the safety confirmation message is output, it is preferable that the transmission / reception terminal 20 has a configuration that accepts the response operation of the user in response to the output. A configuration that accepts a response operation according to a safety confirmation message may include, for example… a plurality of buttons for the safety confirmation message displayed on the touch panel.’, ie, the CTA button has a ‘configuration’ set thanks to the safety confirmation message ‘displayed on the touch panel’. Further, Applicant argument is not reflected in the claim language, ergo, Onuma continues to teach on instant claims. On pages 9-10 of applicant remarks, applicant argues: “B. Onuma fails to disclose generating a command to "prompt the user to press the CTA button." The Office relies on a portion of Onuma describing the output of different safety confirmation messages depending on the type of emergency. (Office Action at p. 4). Applicant submits that this is an over-broad interpretation that ignores the reactive nature of Onuma's disclosure. Onuma discloses a system where a user merely perceives a warning message. If the user operates a button to confirm receipt or safety, that action is recorded. The Office Action quotes Onuma as stating that the "terminal output unit 24 outputs different safety confirmation messages depending on the earthquake early warning and the evacuation advisory due to heavy rain or the like" and that a "configuration that accepts a response operation... may include, for example, a button other than the button for notifying that the message has been transmitted." (Office Action at p. 4, quoting Onuma). This disclosure is insufficient to meet the limitations of claim 1. Onuma's output of a "safety confirmation message" is an act of information delivery intended for user perception, not a command generated to actively "prompt the user to press the CTA button." In Onuma, the safety message itself-such as an "evacuation advisory"-is what is displayed to the user. The subsequent button operation described in Onuma is a purely reactive acknowledgment initiated by the user to indicate they have "confirmed" the message. Onuma does not teach or suggest "generating a push command" that specifically instructs a transmitter to elicit a user interaction with a configured user interface element such as the CTA button. Furthermore, Onuma describes that the terminal "is provided with an independent button for operating the fact that the information of the emergency breaking news is heard and transmitted." (Office Action at 4, quoting Onuma). The disclosure clarifies that the Onuma system merely evaluates "the fact that the information of the emergency breaking news is heard and transmitted" and that the operation is for "confirming the fact that the information has been transmitted." (Office Action at 4). Such a generic receipt-capture tool, intended only to report that information has been "conveyed," does not constitute a "prompt to press a CTA button" within the meaning of claim 1. Whereas claim 1 recites "generating a push command instructing a signal transmitter to prompt the user to press the CTA button on the remote control," Onuma discloses a reactive confirmation of transmission triggered by the user's independent initiative after perceiving warning content. The claimed method involves actively guiding the user toward a specific interaction via a Call-to-Action (CTA) mechanism. In contrast, Onuma merely monitors for a passive acknowledgment that the information has been "transmitted" or "conveyed."” Examiner respectfully disagrees. Onuma teaches at least in description, para [0089]: “When the safety confirmation message is output, it is preferable that the transmission / reception terminal 20 has a configuration that accepts the response operation of the user in response to the output. A configuration that accepts a response operation according to a safety confirmation message may include, for example, a button other than the button for notifying that the message has been transmitted, or a plurality of buttons for the safety confirmation message displayed on the touch panel. You may answer by pressing one of the selectable buttons. Multiple choices may include selecting the urgency of help or assistance, for example, "I need help immediately" or "I don't need help immediately but need help during evacuation". The safety confirmation button may be installed on the transmission / reception terminal 20, or the remote control button for remotely operating the transmission / reception terminal 20 may also have the function of the safety confirmation button.”, examiner notes ‘the safety confirmation message is output’, and ‘terminal 20 has a configuration that accepts the response operation of the user in response to the output’, ie, the user is ‘prompted’ to press the CTA button on the remote control. Further, Applicant argument is not reflected in the claim language, ergo, Onuma continues to teach on instant claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20100154006 A1 teaches issuing a reminder from a remote control are disclosed. In at least one embodiment, an exemplary embodiment has a remote control and a set top box (STB). In at least one embodiment, the remote control has a transmitter that transmits information corresponding to at least one reminder event with a reminder time, a reminder alert receiver that receives a reminder alert, and at least one of a sound emitter that issues audible reminder alerts, a vibration generator that issues vibration reminder alerts, and a light source that issues visible reminder alerts. In at least one embodiment, the STB has a receiver that receives the information corresponding to the reminder event from the remote control, a STB processing system that generates a reminder alert based upon the received reminder event, and a reminder alert transmitter that transmits the reminder alert to the remote control. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00. 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, Steven Lim can be reached at 571-270-1210. 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. /JAMES E MUNION/Examiner, Art Unit 2688 04/22/2026 /STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
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Prosecution Timeline

Sep 10, 2024
Application Filed
Nov 18, 2025
Non-Final Rejection mailed — §102, §103
Feb 18, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §102, §103
Sep 08, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+23.7%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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