DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miettinen et al., US Patent 9,967,916.
Regarding independent claim 1, Miettinen et al. teaches a method for controlling an operation of a wearable device, the wearable device being connected to a network node in a wireless communication network (column 4, lines 9-29 explains the connection of the wearable device 12 to nodes 110 and 112), the method being performed by the wearable device, the method comprising:
identifying an activity status for user activity using the wearable device (column 3, lines 25-30 and 44-46 explain how the sensors measure physical activity to determine activity status);
providing information comprising at least one parameter associated with the wearable device and the identified activity status (column 3, lines 30-46 explain that the information about activity and movement are provided by the wearable sensors);
transmitting the provided information to the network node in the wireless communication network (column 5, lines 44-52 explains how the information is transmitted);
receiving, from the network node, control information comprising at least one indication for controlling the operation of the wearable device (column 6, lines 8-24 and column 7, lines 35-46 explain step 314 of figure 3 of the transmission back of the control information in the adjusted uplink resource allocation of the cellular radio device); and
controlling the operation of the wearable device in accordance with the control information received from the network node (column 6, lines 8-52 explain how the information is returned to allow control as given in steps 316 and 318 of figure 3),
wherein the control information is generated based on the identified activity status and the at least one parameter associated with the wearable device (column 3, lines 25-30 explain the transmission of the activity status using the system described in column 4, lines 30-55 based on the parameters of the information that is used in the control such as to send the messages as given in column 9, lines 24-35).
Regarding claim 2, Miettinen et al. teaches the method according to claim 1, further comprising: obtaining the activity status and/or the at least one parameter associated with the wearable device from one or more sensors equipped in the wearable device (column 3, lines 30-46 explain that the information is provided from the wearable sensors).
Regarding claim 3, Miettinen et al. teaches the method according to claim 1, wherein the at least one parameter associated with the wearable device comprises one or more of:
a battery level of the wearable device;
a position of the wearable device;
a movement of the wearable device (column 3, lines 30-46 describe sensors that measure movement);
an orientation of the wearable device (column 3, lines 30-46 describe sensors that measure orientation); and
one or more applications executing at the wearable device.
Regarding claim 4, Miettinen et al. teaches the method according to claim 1, wherein the activity status comprises one or more of:
information whether the wearable device being worn by the user or not (column 3, lines 25-30 and 40-46 explain how the sensors measure physical activity to determine activity status such that it would know whether or not the device is being worn by a user to receive sensor signals or not);
an eye gaze movement pattern of the user on a screen of the wearable device;
a velocity with which the user is moving while wearing the wearable device;
conversation of the user while wearing the wearable device;
presence of another user in proximity to the user; and
an eye gaze direction of the user on the wearable device.
Regarding claim 5, Miettinen et al. teaches the method according to claim 1, wherein the control information comprises one or more of:
an indication to change a Radio Resource Control (RRC) state of the wearable device;
a change in an allocation of radio resources for the wearable device (column 4, lines 30-55 explain the adjustment of the uplink resource allocation of the cellular radio device that corresponds to a change in allocation of radio resources for the wearable device);
an indication to change in video encoding parameters associated with the wearable device in accordance with the activity status using the wearable device;
an indication for monitoring of a Physical Downlink Control Channel (PDCCH) information; and
an indication for a RRC connection reconfiguration of the wearable device.
Regarding independent claim 6, Miettinen et al. teaches a method for controlling an operation of a wearable device, the wearable device being connected to a network node in a wireless communication network (column 4, lines 9-29 explains the connection of the wearable device 12 to nodes 110 and 112), the method being performed by the network node, the method comprising:
receiving, from the wearable device, information comprising at least one parameter associated with the wearable device (column 3, lines 30-46 explain that the information about activity and movement are provided by the wearable sensors) and an activity status for user activity using the wearable device (column 3, lines 25-30 and 44-46 explain how the sensors measure physical activity to determine activity status);
providing control information for control of the wearable device, the control information being based on the information received from the wearable device; and
controlling the operation of the wearable device in accordance with the control information received from the network node (column 6, lines 8-52 explain how the information is returned to allow control as given in steps 316 and 318 of figure 3); and
transmitting, to the wearable device, the provided control information comprising at least one indication for controlling the operation of the wearable device (column 6, lines 8-24 and column 7, lines 35-46 explain step 314 of figure 3 of the transmission back of the control information in the adjusted uplink resource allocation of the cellular radio device),
wherein the control information is generated based on the identified activity status and the at least one parameter associated with the wearable device (column 3, lines 25-30 explain the transmission of the activity status using the system described in column 4, lines 30-55 based on the parameters of the information that is used in the control such as to send the messages as given in column 9, lines 24-35).
Regarding claim 7, Miettinen et al. teaches the method according to claim 6, wherein at least a part of the information is received from one or more sensors equipped in the wearable device (column 3, lines 30-46 explain that the information is provided from the wearable sensors).
Regarding claim 8, Miettinen et al. teaches the method according to claim 6, wherein the at least one parameter associated with the wearable device comprises one or more of:
a battery level of the wearable device;
a position of the wearable device;
a movement of the wearable device (column 3, lines 30-46 describe sensors that measure movement);
an orientation of the wearable device (column 3, lines 30-46 describe sensors that measure orientation); and
one or more applications executing at the wearable device.
Regarding claim 9, Miettinen et al. teaches the method according to claim 6, wherein the activity status comprises one or more of:
information whether the wearable device being worn by the user or not (column 3, lines 25-30 and 40-46 explain how the sensors measure physical activity to determine activity status such that it would know whether or not the device is being worn by a user to receive sensor signals or not);
an eye gaze movement pattern of the user on a screen of the wearable device;
a velocity with which the user is moving while wearing the wearable device;
conversation of the user while wearing the wearable device;
presence of another user in proximity to the user; and
an eye gaze direction of the user on the wearable device.
Regarding claim 10, Miettinen et al. teaches the method according to claim 6, wherein the control information comprises one or more of:
an indication to change a Radio Resource Control (RRC) state of the wearable device;
a change in an allocation of radio resources for the wearable device (column 4, lines 30-55 explain the adjustment of the uplink resource allocation of the cellular radio device that corresponds to a change in allocation of radio resources for the wearable device);
an indication to change in video encoding parameters associated with the wearable device in accordance with the activity status using the wearable device;
an indication for monitoring of a Physical Downlink Control Channel (PDCCH) information; and
an indication for a RRC connection reconfiguration of the wearable device.
Regarding independent claim 11, Miettinen et al. teaches a wearable device for controlling an operation of the wearable device, the wearable device being connected to a network node in a wireless communication network (column 4, lines 9-29 explains the connection of the wearable device 12 to nodes 110 and 112), the wearable device comprising controlling circuitry configured to cause:
identification of an activity status for user activity using the wearable device (column 3, lines 25-30 and 44-46 explain how the sensors measure physical activity to determine activity status);
providing of information comprising at least one parameter associated with the wearable device and the identified activity status (column 3, lines 30-46 explain that the information about activity and movement are provided by the wearable sensors);
transmission of the provided information to the network node in the wireless communication network (column 5, lines 44-52 explains how the information is transmitted);
reception of control information from the network node, the control information comprising at least one indication for controlling the operation of the wearable device (column 6, lines 8-24 and column 7, lines 35-46 explain step 314 of figure 3 of the transmission back of the control information in the adjusted uplink resource allocation of the cellular radio device); and
controlling of the operation of the wearable device in accordance with the control information received from the network node (column 6, lines 8-52 explain how the information is returned to allow control as given in steps 316 and 318 of figure 3),
wherein the control information is generated based on the identified activity status and the at least one parameter associated with the wearable device (column 3, lines 25-30 explain the transmission of the activity status using the system described in column 4, lines 30-55 based on the parameters of the information that is used in the control such as to send the messages as given in column 9, lines 24-35).
Regarding claim 12, Miettinen et al. teaches the wearable device according to claim 11, wherein the controlling circuitry is further configured to cause:
obtaining of the activity status and/or the at least one parameter associated with the wearable device from one or more sensors equipped in the wearable device (column 3, lines 30-46 explain that the information is provided from the wearable sensors).
Regarding claim 13, Miettinen et al. teaches the wearable device according to claim 11, wherein the at least one parameter associated with the wearable device comprises one or more of:
a battery level of the wearable device;
a position of the wearable device;
a movement of the wearable device (column 3, lines 30-46 describe sensors that measure movement);
an orientation of the wearable device (column 3, lines 30-46 describe sensors that measure orientation); and
one or more applications executing at the wearable device.
Regarding claim 14, Miettinen et al. teaches the wearable device according to claim 11, wherein the activity status comprises one or more of:
information whether the wearable device being worn by the user or not (column 3, lines 25-30 and 40-46 explain how the sensors measure physical activity to determine activity status such that it would know whether or not the device is being worn by a user to receive sensor signals or not);
an eye gaze movement pattern of the user on a screen of the wearable device;
a velocity with which the user is moving while wearing the wearable device; conversation of the user while wearing the wearable device;
presence of another user in proximity to the user; and
an eye gaze direction of the user on the wearable device.
Regarding claim 15, Miettinen et al. teaches the wearable device according to claim 11, wherein the control information comprises one or more of:
an indication to change a Radio Resource Control (RRC) state of the wearable device;
a change in an allocation of radio resources for the wearable device (column 4, lines 30-55 explain the adjustment of the uplink resource allocation of the cellular radio device that corresponds to a change in allocation of radio resources for the wearable device);
an indication to change in video encoding parameters associated with the wearable device in accordance with the activity status using the wearable device;
an indication for monitoring of a Physical Downlink Control Channel (PDCCH) information; and
an indication for a RRC connection reconfiguration of the wearable device.
Regarding independent claim 16, Miettinen et al. teaches an apparatus of a network node configured to operate in a wireless communication network for controlling an operation of a wearable device, the wearable device being connected to the network node in the wireless communication network (column 4, lines 9-29 explains the connection of the wearable device 12 to nodes 110 and 112), the apparatus comprising controlling circuitry configured to cause:
reception of information from the wearable device, the information comprising at least one parameter associated with the wearable device (column 3, lines 30-46 explain that the information about activity and movement are provided by the wearable sensors) and an activity status for user activity using the wearable device (column 3, lines 25-30 and 44-46 explain how the sensors measure physical activity to determine activity status);
providing of control information for control of the wearable device, the control information being based on the information received from the wearable device (column 6, lines 8-52 explain how the information is returned to allow control as given in steps 316 and 318 of figure 3); and
transmission of the provided control information to the wearable device, the provided control information comprising at least one indication for controlling the operation of the wearable device (column 6, lines 8-24 and column 7, lines 35-46 explain step 314 of figure 3 of the transmission back of the control information in the adjusted uplink resource allocation of the cellular radio device),
wherein the control information is generated based on the identified activity status and the at least one parameter associated with the wearable device (column 3, lines 25-30 explain the transmission of the activity status using the system described in column 4, lines 30-55 based on the parameters of the information that is used in the control such as to send the messages as given in column 9, lines 24-35).
Regarding claim 17, Miettinen et al. teaches the apparatus according to claim 16, wherein at least a part of the information is received from one or more sensors equipped in the wearable device (column 3, lines 30-46 explain that the information is provided from the wearable sensors).
Regarding claim 18, Miettinen et al. teaches the apparatus according to claim 16, wherein the at least one parameter associated with the wearable device comprises one or more of:
a battery level of the wearable device;
a position of the wearable device;
a movement of the wearable device (column 3, lines 30-46 describe sensors that measure movement);
an orientation of the wearable device (column 3, lines 30-46 describe sensors that measure orientation); and
one or more applications executing at the wearable device.
Regarding claim 19, Miettinen et al. teaches the apparatus according to claim 16, wherein the activity status comprises one or more of:
information whether the wearable device being worn by the user or not (column 3, lines 25-30 and 40-46 explain how the sensors measure physical activity to determine activity status such that it would know whether or not the device is being worn by a user to receive sensor signals or not);
an eye gaze movement pattern of the user on a screen of the wearable device;
a velocity with which the user is moving while wearing the wearable device;
conversation of the user while wearing the wearable device;
presence of another user in proximity to the user; and
an eye gaze direction of the user on the wearable device.
Regarding claim 20, Miettinen et al. teaches the apparatus according to claim 16, wherein the control information comprises one or more of:
an indication to change a Radio Resource Control (RRC) state of the wearable device;
a change in an allocation of radio resources for the wearable device (column 4, lines 30-55 explain the adjustment of the uplink resource allocation of the cellular radio device that corresponds to a change in allocation of radio resources for the wearable device);
an indication to change in video encoding parameters associated with the wearable device in accordance with the activity status using the wearable device;
an indication for monitoring of a Physical Downlink Control Channel (PDCCH) information; and
an indication for a RRC connection reconfiguration of the wearable device.
Response to Arguments
Applicant's arguments filed 4/24/26 have been fully considered but they are not persuasive. Applicant contend that the amended features were not addressed in the previous rejection, rendering the claims to be allowable. The examiner disagrees. These features were not previously claimed and have now been appropriately rejected above.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., wherein the control information is generated based on the identified activity status and the at least one parameter associated with the wearable device) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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 PARUL H GUPTA whose telephone number is (571)272-5260. The examiner can normally be reached Monday through Friday, from 10 AM to 7 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PARUL H GUPTA/Primary Examiner, Art Unit 2627
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