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
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, 4-13, 15, and 17-22 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 2009/0061872 (hereinafter, “HICKS”).
Regarding claim 1, HICKS discloses:
One or more tangible non-transitory computer-readable storage media (computer-readable storage medium 922) storing computer-executable instructions (instructions 924) for performing a computer process on a computing system (computer system 900), the computer process comprising:
obtaining a shared operation configuration for a plurality of users of an electronic device (communication device 116); (¶ 0037: [C]ommunication device 116 can store multiple user profiles for different users to allow different users to share the communication device 116. The user profiles allow the user to receive their specific subscription service on the shared communication device 116; ¶ 0047: Different users each having different user profiles associated with the communication device 116 can share the communication device 116)
detecting a device trigger corresponding to operation of the electronic device; (¶ 0042: At step 702 an incoming call placed by a caller and directed to a callee at step 702 can be received)
identifying a particular user amongst the plurality of users based on the shared operation configuration; and (¶ 0043: At step 704, the media server 322 can determine the callee from the list of user profiles. For example, the media server 322 can identify to whom the call is directed by evaluating the user profiles associated with the shared communication device)
generating an operation alert representing the device trigger, (¶ 0044: At step 710, communication device 116 activates to notify the callee according to the determined user profile; ¶ 0051: [M]edia server 322 can communicate with a set-top box (STB) to present current subscription information responsive to a user request)
wherein the operation alert is sent to a user device associated with the particular user. (¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice). The presence server 102 can provide the media server 322 with the contact information; ¶ 0044: [A]s shown in step 712, the communication device 116 can display a custom screen or ring-tone specific to the callee. The screen and/or ring-tone can be specific to each user sharing the communication device 116, and can allow users to audibly or visually distinguish to whom the incoming call is directed; ¶ 0027: Media server 322 can . . . communicate with the one or more other communication devices 116, such as for distributing notifications)
Regarding claim 4, HICKS, as applied above, anticipates the storage media of claim 1. HICKS further discloses:
wherein the shared operation configuration is generated based on at least one operation session parameter, the at least one operation session parameter linking the operation of the electronic device with the particular user. (¶ 0036: [M]edia server 322 can then proceed to generate a user profile based on the provided access information as shown in step 510. For example, referring back to FIG. 3, a user can associate multiple telephone numbers under different accounts to the user profile)
Regarding claim 5, HICKS, as applied above, anticipates the storage media of claim 1. HICKS further discloses:
wherein the shared operation configuration is generated based on at least one trigger parameter, the at least one trigger parameter linking the device trigger with the particular user. (¶ 0036: [M]edia server 322 can then proceed to generate a user profile based on the provided access information as shown in step 510. For example, referring back to FIG. 3, a user can associate multiple telephone numbers under different accounts to the user profile)
Regarding claim 6, HICKS, as applied above, anticipates the storage media of claim 5. HICKS further discloses:
wherein the at least one trigger parameter includes one or more of a time, a location, and a trigger type. (¶ 0013: Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.). The presence system 102 can perform the operations for parties who are subscribed to services of the presence system 102; ¶ 0041: [T]he physical location of the device can be verified for authenticating the user's identification at the premise 112; ¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice))
Regarding claim 7, HICKS, as applied above, anticipates the storage media of claim 1. HICKS further discloses:
wherein the shared operation configuration is generated based on at least one alert parameter corresponding to one or more of the plurality of users. (¶ 0044: [I]n step 712, the communication device 116 can display a custom screen or ring-tone specific to the callee; ¶ 0037: [M]edia server 322 can also determine which services are available to the user based on the user profile. As an example, the media server 322 can set parental controls on multiple accounts on the same phone, limit minutes used per account, limit who each subscriber can talk to, and alert administrators)
Regarding claim 8, HICKS, as applied above, anticipates the storage media of claim 1. HICKS further discloses:
wherein the operation alert is sent to the user device based on a correlation of the device trigger with a priority level defined by the at least one alert parameter. ((¶ 0027: [U]ser profiles . . . store various information including user preferences, targeted recipients, recipient preferences, and other information; ¶ 0048: [M]edia server 322 can also inform the communication device 322 of account status information, such as . . . a preferred account to use based on the time of day, type of call, or minutes used)
Regarding claim 9, HICKS, as applied above, anticipates the storage media of claim 7. HICKS further discloses:
wherein the at least one alert parameter links the particular user to a designated user of the plurality of users and a notification of the operation alert is sent to a second user device associated with the designated user. (¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice))
Regarding claim 10, HICKS discloses:
A method comprising:
detecting a device trigger corresponding to an electronic device, (¶ 0042: At step 702 an incoming call placed by a caller and directed to a callee at step 702 can be received)
wherein operation of the electronic device is shared among a plurality of users; (¶ 0037: [C]ommunication device 116 can store multiple user profiles for different users to allow different users to share the communication device 116. The user profiles allow the user to receive their specific subscription service on the shared communication device 116; ¶ 0047: Different users each having different user profiles associated with the communication device 116 can share the communication device 116)
identifying a particular user of the plurality of users, (¶ 0043: At step 704, the media server 322 can determine the callee from the list of user profiles. For example, the media server 322 can identify to whom the call is directed by evaluating the user profiles associated with the shared communication device)
wherein a user device is associated with the particular user; (¶ 0011: [C]ommunication system 100 employing fixed and/or mobile communication devices 116 communicating by way of wired infrastructure with other communication devices and/or wireless access points (WAPs) and/or a network proxy or web server 122, which collectively operate in the communication system 100; ¶ 0013: [P]resence system 102 can be utilized to track the whereabouts and status of a party communicating with one or more communication devices 116 in the communications system 100. Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.). The presence system 102 can perform the operations for parties who are subscribed to services of the presence system 102; ¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice). The presence server 102 can provide the media server 322 with the contact information; ¶ 0038: [M]edia server 322 can transfer subscriber account information to other communication devices, as in step 516. This allows the user to access their subscriber account information on another device such as a personal computer (PC))
generating an operation alert based on the device trigger; and (¶ 0044: At step 710, communication device 116 activates to notify the callee according to the determined user profile)
sending the operation alert to the user device. (¶ 0044: [A]s shown in step 712, the communication device 116 can display a custom screen or ring-tone specific to the callee. The screen and/or ring-tone can be specific to each user sharing the communication device 116, and can allow users to audibly or visually distinguish to whom the incoming call is directed; ¶ 0027: Media server 322 can . . . communicate with the one or more other communication devices 116, such as for distributing notifications; ¶ 0051: [M]edia server 322 can communicate with a set-top box (STB) to present current subscription information responsive to a user request)
Regarding claim 11, HICKS, as applied above, anticipates the method of claim 10. HICKS further discloses:
wherein the user device is one of a plurality of user devices associated with the particular user, the user device identified from the plurality of user devices for receiving the operation alert. (¶ 0027: Media server 322 can . . . communicate with the one or more other communication devices 116, such as for distributing notifications; ¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice); ¶ 0038: [M]edia server 322 can transfer subscriber account information to other communication devices, as in step 516. This allows the user to access their subscriber account information on another device such as a personal computer (PC))
Regarding claim 12, HICKS, as applied above, anticipates the method of claim 11. HICKS further discloses:
wherein the user device is identified based on a user profile of the particular user. (¶ 0027: [U]ser profiles . . . store various information including user preferences, targeted recipients, recipient preferences, and other information; ¶ 0037: [U]ser profiles allow the user to receive their specific subscription service on the shared communication device; ¶ 0041: [M]edia server 322 can direct a call to the communication device 116 in accordance with the user profile; ¶ 0044: [C]ommunication device 116 activates to notify the callee according to the determined user profile)
Regarding claim 13, HICKS, as applied above, anticipates the method of claim 10. HICKS further discloses:
wherein the particular user is identified based on a correlation of the device trigger with an operation session of the electronic device by the particular user. (¶ 0036: [M]edia server 322 can then proceed to generate a user profile based on the provided access information as shown in step 510. For example, referring back to FIG. 3, a user can associate multiple telephone numbers under different accounts to the user profile)
Regarding claim 15, HICKS, as applied above, anticipates the method of claim 10. HICKS further discloses:
wherein the particular user is identified based on a recent detection of the user device in an interior of the electronic device. (¶ 0013: [P]resence system 102 can be utilized to track the whereabouts and status of a party communicating with one or more communication devices 116 in the communications system 100. Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.). The presence system 102 can perform the operations for parties who are subscribed to services of the presence system 102; ¶ 0043: At step 706, the presence server 102 (See FIG. 1) can determine how to contact the callee, and the most appropriate manner for reaching the callee. For example, the presence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice))
Regarding claim 17, HICKS discloses:
A system comprising:
at least one processor (processor 902) configured to generate an operation alert (¶ 0044: At step 710, communication device 116 activates to notify the callee according to the determined user profile; ¶ 0051: [M]edia server 322 can communicate with a set-top box (STB) to present current subscription information responsive to a user request) and identify a particular user of a plurality of users, (¶ 0043: At step 704, the media server 322 can determine the callee from the list of user profiles. For example, the media server 322 can identify to whom the call is directed by evaluating the user profiles associated with the shared communication device)
the operation alert generated based on a device trigger corresponding to an electronic device (communication device 116), (¶ 0042: At step 702 an incoming call placed by a caller and directed to a callee at step 702 can be received)
wherein operation of the electronic device is shared among the plurality of users, (¶ 0037: [C]ommunication device 116 can store multiple user profiles for different users to allow different users to share the communication device 116. The user profiles allow the user to receive their specific subscription service on the shared communication device 116; ¶ 0047: Different users each having different user profiles associated with the communication device 116 can share the communication device 116)
wherein the operation alert is provided to a user device associated with the particular user. (¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice). The presence server 102 can provide the media server 322 with the contact information; ¶ 0044: [A]s shown in step 712, the communication device 116 can display a custom screen or ring-tone specific to the callee. The screen and/or ring-tone can be specific to each user sharing the communication device 116, and can allow users to audibly or visually distinguish to whom the incoming call is directed; ¶ 0027: Media server 322 can . . . communicate with the one or more other communication devices 116, such as for distributing notifications and user profiles; ¶ 0051: [M]edia server 322 can communicate with a set-top box (STB) to present current subscription information responsive to a user request)
Regarding claim 18, HICKS, as applied above, anticipates the system of claim 17. HICKS further discloses:
wherein the operation alert is output to a plurality of subscribed devices corresponding to the device trigger, the user device being one of the plurality of subscribed devices. (¶ 0027: Media server 322 can . . . communicate with the one or more other communication devices 116, such as for distributing notifications; ¶ 0013: Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.). The presence system 102 can perform the operations for parties who are subscribed to services of the presence system 102)
Regarding claim 19, HICKS, as applied above, anticipates the system of claim 17. HICKS further discloses:
wherein the user device is determined based on a shared operation configuration. (¶ 0036: [M]edia server 322 can then refer to the user profile 320 to direct calls to the user; ¶ 0043: [M]edia server 322 can identify to whom the call is directed by evaluating the user profiles associated with the shared communication device. Recall, each user profile can provide a list of telephone numbers to associate with a user; that is, the callee in this example. At step 706, the presence server 102 (See FIG. 1) can determine how to contact the callee, and the most appropriate manner for reaching the callee. For example, the presence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice))
Regarding claim 20, HICKS, as applied above, anticipates the system of claim 19. HICKS further discloses:
wherein the shared operation configuration is generated based on at least one of an operation session parameter, [a] trigger parameter, or an alert parameter. (¶ 0036: [M]edia server 322 can then proceed to generate a user profile based on the provided access information as shown in step 510. For example, referring back to FIG. 3, a user can associate multiple telephone numbers under different accounts to the user profile. The media server 322 can then refer to the user profile 320 to direct calls to the user. The media server 322 can also transfer subscriber account information or user profiles 320 to the other communication devices 116 depending on who is using the communication device)
Regarding claim 21, HICKS, as applied above, anticipates the system of claim 17. HICKS further discloses:
wherein the device trigger includes at least one of:
a device condition trigger, a location trigger, a time trigger, or a user trigger. (¶ 0013: Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.). The presence system 102 can perform the operations for parties who are subscribed to services of the presence system 102; ¶ 0041: [T]he physical location of the device can be verified for authenticating the user's identification at the premise 112; ¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice))
Regarding claim 22, HICKS, as applied above, anticipates the system of claim 17. HICKS further discloses:
wherein the operation alert is provided to the user device associated with the particular user via at least one of a call, text, or application notification. (¶ 0010: [A]ctivating an account associated with one user profile responsive to a selection of the one user profile from the two user profiles, and providing services to the communication device in accordance with the selected user profile. Each user profile can include a phone number and/or an instant message identifier; ¶ 0043: [P]resence server 102 can determine a current location of callee, and determine which communication device 116 is available to the user (e.g. cell phone, IPTV, portable music player, headset, laptop) and/or possible applications for communicating with the callee based on their expressed availability (e.g. messenger, video, voice); ¶ 0044: [A]s shown in step 712, the communication device 116 can display a custom screen or ring-tone specific to the callee. The screen and/or ring-tone can be specific to each user sharing the communication device 116, and can allow users to audibly or visually distinguish to whom the incoming call is directed)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. § 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 3, and 14 are rejected under 35 U.S.C. § 103 as being unpatentable over HICKS in view of US 2015/0319288 (hereinafter, “KAHN”).
Regarding claim 2, HICKS, as applied above, anticipates the storage media of claim 1. Although HICKS, at ¶ 0041 further discloses:
communication device 116 authorizes the user from the one or more identifiers submitted to the user interface. In one arrangement, the communication device 116 can authenticate the user locally, for example, on the communication device. As one example, the physical location of the device can be verified for authenticating the user's identification
such that it would have been obvious to identify the most recent user of the communication device—by merely reading the database storing the user’s identification—HICKS does not explicitly disclose:
wherein identifying the particular user amongst the plurality of users comprises determining that the particular user most recently operated the electronic device amongst the plurality of users.
In the same field of endeavor, however, KAHN teaches:
wherein identifying the particular user amongst the plurality of users comprises determining that the particular user most recently operated the electronic device amongst the plurality of users. (¶ 0008: Even if the second user's personal electronics device is successfully “paired” with the Bluetooth™ speaker, the standardized Bluetooth™ system's protocols do not permit the first and second users to cooperate in creating a shared or blended audio playback experience, because the most recent user to “pair” and connect with the Bluetooth™ speaker abruptly cuts off the prior user and replaces them permanently)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify HICKS’ shared communication device to provide identification of a most-recent user, as taught by KAHN, so as to enable music listeners and other users of portable media (e.g., MP3) players, smartphones and other personal electronics devices to use a network together and cooperatively share a wirelessly connected media playback component such as a wireless loudspeaker and manage multi-user wireless media playback over the loudspeaker. See KAHN, at ¶ 0010.
Regarding claim 3, HICKS, as applied above, anticipates the storage media of claim 1. Although HICKS, at ¶ 0041 further discloses:
communication device 116 authorizes the user from the one or more identifiers submitted to the user interface. In one arrangement, the communication device 116 can authenticate the user locally, for example, on the communication device. As one example, the physical location of the device can be verified for authenticating the user's identification
such that it would have been obvious to identify the most recent user device to access the communication device—by merely reading the database storing the user’s identification—HICKS does not explicitly disclose:
wherein identifying the particular user amongst the plurality of users comprises determining that the user device associated with the particular user most recently accessed the electronic device.
In the same field of endeavor, however, KAHN teaches:
wherein identifying the particular user amongst the plurality of users comprises determining that the user device associated with the particular user most recently accessed the electronic device. (¶ 0008: Even if the second user's personal electronics device is successfully “paired” with the Bluetooth™ speaker, the standardized Bluetooth™ system's protocols do not permit the first and second users to cooperate in creating a shared or blended audio playback experience, because the most recent user to “pair” and connect with the Bluetooth™ speaker abruptly cuts off the prior user and replaces them permanently)
Regarding claim 14, HICKS, as applied above, anticipates the method of claim 10. Although HICKS, at ¶ 0041 further discloses:
At step 606, the communication device 116 can activate services for the user profile associated with the one or more identifiers
such that it would have been obvious to identify the most recent user of the communication device—by merely reading the database storing the identifiers associated with the user profile—HICKS does not explicitly disclose:
wherein the particular user is identified based on a recent pairing of the user device with the electronic device.
In the same field of endeavor, however, KAHN teaches:
wherein the particular user is identified based on a recent pairing of the user device with the electronic device. (¶ 0008: Even if the second user's personal electronics device is successfully “paired” with the Bluetooth™ speaker, the standardized Bluetooth™ system's protocols do not permit the first and second users to cooperate in creating a shared or blended audio playback experience, because the most recent user to “pair” and connect with the Bluetooth™ speaker abruptly cuts off the prior user and replaces them permanently)
Claim 16 is rejected under 35 U.S.C. § 103 as being unpatentable over HICKS in view of US 2010/0257490 (hereinafter, “LYON”).
Regarding claim 16, HICKS, as applied above, anticipates the method of claim 10. HICKS further discloses:
further comprising:
determining a status of the device trigger; and (¶ 0013: Presence information derived from a presence system 102 can include a location of a party utilizing a communication device 116, the type of device used by the party (e.g., cell phone, PDA, home phone, home computer, etc.), and/or a status of the party (e.g., busy, offline, actively on a call, actively engaged in instant messaging, etc.))
HICKS does not explicitly disclose:
sending a reminder alert to the user device based on the status of the device trigger.
In the same field of endeavor, however, LYON teaches:
sending a reminder alert to the user device based on the status of the device trigger. (¶ 0103: [V]arious types of alerts can include, for example, reminders of calendar events; messages (including instant messages, email messages, voicemail messages, text messages, or the like); missed calls; device status alerts; task reminders; and the like)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify HICKS’ shared communication device to provide a reminder alert, as taught by LYON, so as to provide unlocking of a device having a touch-sensitive surface such as a touchscreen, in a flexible manner that avoids excessive burden on the user, so as to provide a flexible mechanism for informing a user as to events without requiring the user to unlock the device. See LYON, at ¶ 0012.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Garth D Richmond whose telephone number is (703)756-4559. The Examiner can normally be reached M-F 8 a.m. - 5 p.m. ET.
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, Kathy Wang-Hurst can be reached at 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARTH D RICHMOND/Examiner, Art Unit 2644
/KATHY W WANG-HURST/Supervisory Patent Examiner, Art Unit 2644
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