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 filed Amendments
Applicant’s Amendments/Remarks filed on 07/23/2026 have been received and made of record.
Approved Terminal Disclaimer of 07/23/2026 have been received and made of record.
The outstanding double patenting rejection has been withdrawn based at least the amendments/remarks provided on 07/23/2026.
Claims 21 and 31 have been amended.
Claims 21-40 remained pending.
Please refer to the action below.
Examiner Notes
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. However, the claimed subject matter, not the specification, is the measure of the invention.
Response to Remarks/Arguments
Applicants’ arguments of 07/23/2026, corresponding to pages 6-13 and the new cited claims amendments pertaining to the USC 102 rejection of Coffman and the USC 103 rejection of Yang in view of Coffman, have been considered, but they are moot in light of the new ground of rejections.
Claim Rejections - 35 USC § 103
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 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 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 21-24, 26-34, and 36-40 is/are further rejected under 35 U.S.C. 103 as obvious over Yang et al. (US 20220043565, previously cited) in view of Cosby et al. (US 2018/0274807, A1).
Regarding claim 21, Yang teaches a computer-implemented method of at least Fig. 2B, comprising:
storing first data indicating a condition for invoking an application configured to perform an action, the condition defining a presence indication (a personalized display interface of at least Fig. 2B and para. 0011-0013 and 0033-0034 is invoked or enabled based on combination of received first data further implying in the art of stored preset launch application conditions, said combination comprises at least received second user device 120 proximity data, account data relating to the second device and associated with the first device 120, and intent to use the first device 130 associating with the account data);
receiving second data indicating that a second device is in proximity of a first device (receiving further in para. 0011-0013, 0033-0034, and 0044 second presence data indicating that a second device 120 is in proximity of a first device 130);
determining account data associated with the second device (account data of further para. 0011-0013 and 0033-0034);
determining that the first device is associated with the account data when the second data is received (retrieved and determined account data of further para. 0011-0013 and 0033-0034 further associated with the first device received from the second device);
causing the application to be invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received indicating that the second device is in proximity of the first device (causing further in Fig. 2B and 4, and para. 0011-0013 and 0033-0034 a personalized display interface application to be invoked based at least in part on the presence condition being satisfied according to predetermined distance data and the first device being associated with the account data when the second data is received); and
causing the action to be performed based at least in part on a directive received from the application (causing at least an action 406 of further Figs. 2B and 4, and para. 0011-0013 and 0033-0034 to be performed based at least in part on a directive received from the application).
Yang is silent regarding the above lined-outs items such as citing determining, utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied; and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data.
Cosby teaches at least in Figs. 1-5 sets of first smart devices 34 configured to be communicatively coupled with at least one or more second portable user device of further para. 0043-0047, the system of further Figs. 1-5 further illustrates that the control unit 30, the BAC 16 and/or the music service provider each includes means for storing first data indicating a condition for invoking a music skill application configured to perform a music streaming action, the condition defining a presence indication based on a space environment or information about an environment in which the first device 34 is disposed defining in a case a common area targeted for automated streaming of default jazz music or an individualized music streaming when the device 34 and the portable user device are detected in a personal/private space, Cosby further teaches in at least para. 0052 and Figs. 1-5 utilizing third data corresponding to information about an environment in which the first device 34 is disposed, said data received from one or more sensors that the second portable user device comes to a satisfied distance of the first device 34 as said condition defining the presence indication has been satisfied to automatically cause the music skill application to be invoked based at least in part on the condition being satisfied utilizing said third data and the first device 34 disposed in a case in a personal/private space being associated with a user personal music account data when the second data is received indicating that the second device is in proximity of the first device 34 to begin playing personalized music streaming. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yang in view of Cosby to include wherein determining, said utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data, as discussed above, as Yang in view of Cosby are in the same of endeavor employing methods and systems for storing first data indicating a condition for invoking at least a smart home application configured to perform an action according to at least a condition defining a presence indication of a user wearable or portable device, Cosby’s combination of the invoked application in relation to the identified satisfying condition defining the presence indication of the second received in addition to the user preset music selection/preference account data of the second device corresponding to a disposed space/environment of the first device further complements the invoked application condition methods and systems of Yang, in a sense that when combined with the combination configuration of Cosby, said combination creates as would be appreciated in the art a condition for invoking a specific smart home application and to perform a specific automated action based specifically on the disposed and/or corresponding information about an environment in which the first device is disposed in relation to detected defining presence indication of the second device which would dictate a type of action to perform according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 23 (according to claim 21), Yang further teaches wherein the second device comprises a wearable device (device 120 comprises one of said second device comprising obviously a wearable device).
Regarding claim 24 (according to claim 21), Yang further teaches wherein the condition corresponds to the account data (performed action or initialized implied condition or application of further Fig. 4 corresponds to the account data of further para. 0011-0013 and 0033-0034).
Regarding claim 26 (according to claim 21), Yang further teaches wherein causing the action to be performed comprises allowing access to a user of the second device (causing and performed action of at least Fig. 4, S406 further comprises as understood in the art allowing obviously access to a user of the second device).
Regarding claim 27 (according to claim 21), Yang further teaches wherein the first device is associated with a home and the second device comprises a mobile device (first device 130 of at least Fig. 1 may be obviously associated or located in a home and the second device 130 comprises a mobile device).
Regarding claim 28 (according to claim 21), Yang further teaches wherein the second data comprises an indication of a signal strength corresponding to the second device (received beacon data of the second device 120 of at least para. 0012 generally comprises in the art an indication of a signal strength corresponding to the second device 120).
Regarding claim 29 (according to claim 21), Yang further implies wherein determining that the condition defining the presence indication has been satisfied comprises determining that a proximity threshold has been satisfied (sensed presence and proximity data illustrated further in para. 0011-0013, 0033-0034, and 0044 for invoking the application and the performing of a controlled action further implies according to one skill in the art inherently that a proximity presence threshold has been satisfied).
Regarding claim 30 (according to claim 21), Yang further teaches wherein the second data is received from the first device (second data of the first device as implied further in Figs. 1-4 is also received from the first device 130).
Regarding claim 31, Yang teaches at least in para. 0036 a system 300, comprising:
one or more processors (para. 0036) and
non-transitory computer-readable media storing computer-executable instructions (para. 0036) that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
storing first data indicating a condition for invoking an application configured to perform an action, the condition defining a presence indication (a personalized display interface of at least Fig. 2B and para. 0011-0013 and 0033-0034 is invoked or enabled based on combination of received first data further implying in the art of stored preset launch application conditions, said combination comprises at least received second user device 120 proximity data, account data relating to the second device and associated with the first device 120, and intent to use the first device 130 associating with the account data);
receiving second data indicating that a second device is in proximity of a first device (receiving further in para. 0011-0013 and 0033-0034 second presence data indicating that a second device 120 is in proximity of a first device 130);
determining account data associated with the second device (account data of further para. 0011-0013 and 0033-0034);
determining that the first device is associated with the account data when the second data is received (retrieved and determined account data of further para. 0011-0013 and 0033-0034 further associated with the first device received from the second device);
causing the application to be invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received indicating that the second device is in proximity of the first device (causing further in Fig. 2B and 4, and para. 0011-0013 and 0033-0034 a personalized display interface application to be invoked based at least in part on the presence condition being satisfied according to predetermined distance data and the first device being associated with the account data when the second data is received); and
causing the action to be performed based at least in part on a directive received from the application (causing at least an action 406 of further Figs. 2B and 4, and para. 0011-0013 and 0033-0034 to be performed based at least in part on a directive received from the application).
Yang is silent regarding the above lined-outs items such as citing determining, utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied; and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data.
Cosby teaches at least in Figs. 1-5 sets of first smart devices 34 configured to be communicatively coupled with at least one or more second portable user device of further para. 0043-0047, the system of further Figs. 1-5 further illustrates that the control unit 30, the BAC 16 and/or the music service provider each includes means for storing first data indicating a condition for invoking a music skill application configured to perform a music streaming action, the condition defining a presence indication based on a space environment or information about an environment in which the first device 34 is disposed defining in a case a common area targeted for automated streaming of default jazz music or an individualized music streaming when the device 34 and the portable user device are detected in a personal/private space, Cosby further teaches in at least para. 0052 and Figs. 1-5 utilizing third data corresponding to information about an environment in which the first device 34 is disposed, said data received from one or more sensors that the second portable user device comes to a satisfied distance of the first device 34 as said condition defining the presence indication has been satisfied to automatically cause the music skill application to be invoked based at least in part on the condition being satisfied utilizing said third data and the first device 34 disposed in a case in a personal/private space being associated with a user personal music account data when the second data is received indicating that the second device is in proximity of the first device 34 to begin playing personalized music streaming. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yang in view of Cosby to include wherein determining, said utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data, as discussed above, as Yang in view of Cosby are in the same of endeavor employing methods and systems for storing first data indicating a condition for invoking at least a smart home application configured to perform an action according to at least a condition defining a presence indication of a user wearable or portable device, Cosby’s combination of the invoked application in relation to the identified satisfying condition defining the presence indication of the second received in addition to the user preset music selection/preference account data of the second device corresponding to a disposed space/environment of the first device further complements the invoked application condition methods and systems of Yang, in a sense that when combined with the combination configuration of Cosby, said combination creates as would be appreciated in the art a condition for invoking a specific smart home application and to perform a specific automated action based specifically on the disposed and/or corresponding information about an environment in which the first device is disposed in relation to detected defining presence indication of the second device which would dictate a type of action to perform according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 32 (according to claim 31), Yang further teaches wherein the action to be performed comprises causing the first device to perform the action (causing and performed action of at least Fig. 4, S406).
Regarding claim 33 (according to claim 31), Yang further teaches wherein the second device comprises a wearable device (device 120 comprises one of said second device comprising obviously a wearable device).
Regarding claim 34 (according to claim 31), Yang further teaches wherein the condition corresponds to the account data (performed action or initialized implied condition or application of further Fig. 4 corresponds to the account data of further para. 0011-0013 and 0033-0034).
Regarding claim 36 (according to claim 31), Yang further teaches wherein causing the action to be performed comprises allowing access to a user of the second device (causing and performed action of at least Fig. 4, S406 further comprises as understood in the art allowing obviously access to a user of the second device).
Regarding claim 37 (according to claim 31), Yang further teaches wherein the first device is associated with a home and the second device comprises a mobile device (first device 130 of at least Fig. 1 may be obviously associated or located in a home and the second device 130 comprises a mobile device).
Regarding claim 38 (according to claim 31), Yang further teaches wherein the second data comprises an indication of a signal strength corresponding to the second device (received beacon data of the second device 120 of at least para. 0012 generally comprises in the art an indication of a signal strength corresponding to the second device 120).
Regarding claim 39 (according to claim 31), Yang further implies wherein determining that the condition defining the presence indication has been satisfied comprises determining that a proximity threshold has been satisfied (sensed presence and proximity data illustrated further in para. 0011-0013, 0033-0034, and 0044 for invoking the application and the performing of a controlled action further implies according to one skill in the art inherently that a proximity presence threshold has been satisfied).
Regarding claim 40 (according to claim 31), Yang further teaches wherein the second data is received from the first device (second data of the first device as implied further in Figs. 1-4 is also received from the first device 130).
Claims 25, and 35 is/are further rejected under 35 U.S.C. 103 as obvious over Yang in view of Cosby, and further in view of Coffman (previously cited).
Regarding claim 25 (according to claim 21), Yang further teaches wherein further comprising: prior to receiving the second data, associating the account data with the first device (a case in at least para. 0013 and 0021 that user data including at least location information, user data may be received or associated substantially before acquiring of the account data by the device 130);
However, Yang in view of Cosby are silent regarding wherein the above lined-out items such as after causing the action to be performed, disassociating the account data from the first device.
Coffman teaches in a case of at least para. 0660 where the system is set up after the usage of an application, the device based on received directive to remove or disassociating account data from the queue or said first device. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yang in view of Cosby, and further in view of Coffman to include wherein after causing the action to be performed, disassociating the account data from the first device, as discussed above, as Yang in view of Cosby, and further in view of Coffman are in the same of endeavor employing methods and systems for presenting a personal user interface to a user second device based at least on received second device account data corresponding to detected presence information of the second device in relation to the first device for causing an action to be performed or to invoke an application, Coffman’s combination of the invoked application in relation to the received second device account data in addition to the presence information detection of the second device in relation to the first device further and further removing certain user account data from the queue complements the launch application condition methods and systems of Yang in view of Cosby, in a sense that when combined with the combination configuration of Coffman, it enables the system to free up memory space after the user action is already performed, or the user is logged off where said disassociating further reduces processing load of the said device according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 35 (according to claim 31), Regarding claim 25 (according to claim 21), Yang further teaches wherein further comprising: prior to receiving the second data, associating the account data with the first device (a case in at least para. 0013 and 0021 that user data including at least location information, user data may be received or associated substantially before acquiring of the account data by the device 130);
However, Yang in view of Cosby are silent regarding wherein the above lined-out items such as after causing the action to be performed, disassociating the account data from the first device.
Coffman teaches in a case of at least para. 0660 where the system is set up after the usage of an application, the device based on received directive to remove or disassociating account data from the queue or said first device. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yang in view of Cosby, and further in view of Coffman to include wherein after causing the action to be performed, disassociating the account data from the first device, as discussed above, as Yang in view of Cosby, and further in view of Coffman are in the same of endeavor employing methods and systems for presenting a personal user interface to a user second device based at least on received second device account data corresponding to detected presence information of the second device in relation to the first device for causing an action to be performed or to invoke an application, Coffman’s combination of the invoked application in relation to the received second device account data in addition to the presence information detection of the second device in relation to the first device further and further removing certain user account data from the queue complements the launch application condition methods and systems of Yang in view of Cosby, in a sense that when combined with the combination configuration of Coffman, it enables the system to free up memory space after the user action is already performed, or the user is logged off where said disassociating further reduces processing load of the said device according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Claims 21, and 31 is/are further rejected under 35 U.S.C. 103 as obvious over Coffman in view of Cosby et al.
Regarding claim 21, Coffman teaches in at least Figs. 10 and 12 a computer-implemented method comprising:
storing first data indicating a condition for invoking an application configured to perform an action, the condition defining a presence indication (the system of further para. 0457, 0508-0511, 0536-0537 and 0590 cites stored conditions and criteria for invoking a skill and/or a target application, the criteria or conditions defining at least a presence proximity indication to launch or performed said action);
receiving second data indicating that a second device is in proximity of a first device (receiving further in para. 0457, 0508-0511, 0536-0537 and 0590 second sensor data indicating that a second device 1202 is in proximity of a first device 1200);
determining account data associated with the second device (determining further in at least para. 0063 and 0457 account data associated with the second device 1202);
determining that the first device is associated with the account data when the second data is received (correlating further in at least para. 0063 and 0457 said account data with the account data of the first device 1200 when the second data is received);
determining, utilizing third data received from one or more sensors, that the condition defining the presence indication has been satisfied (determining further by utilizing implied additional sensor/beacon data indicative of said third data received from one or more sensors of further para. 0457, 0508-0511, 0536-0537 and 0590 that the condition defining the presence indication has been satisfied);
causing the application to be invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received (causing further in para. 0457, 0508-0511, 0536-0537 and 0590 a display interface skill 1236 to be initiated or invoked or that of a music skill transfer function to be initiated or invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received); and
causing the action to be performed based at least in part on a directive received from the application (causing further the display interface skill 1236 to be initiated or invoked or that of a music skill transfer function to be initiated or invoked as illustrated further in para. 0457, 0508-0511, 0536-0537 and 0590 based in a case at least in part on a directive received from the application).
However, Coffman is silent regarding citing specifically determining, utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied; and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data.
Cosby teaches at least in Figs. 1-5 sets of first smart devices 34 configured to be communicatively coupled with at least one or more second portable user device of further para. 0043-0047, the system of further Figs. 1-5 further illustrates that the control unit 30, the BAC 16 and/or the music service provider each includes means for storing first data indicating a condition for invoking a music skill application configured to perform a music streaming action, the condition defining a presence indication based on a space environment or information about an environment in which the first device 34 is disposed defining in a case a common area targeted for automated streaming of default jazz music or an individualized music streaming when the device 34 and the portable user device are detected in a personal/private space, Cosby further teaches in at least para. 0052 and Figs. 1-5 utilizing third data corresponding to information about an environment in which the first device 34 is disposed, said data received from one or more sensors that the second portable user device comes to a satisfied distance of the first device 34 as said condition defining the presence indication has been satisfied to automatically cause the music skill application to be invoked based at least in part on the condition being satisfied utilizing said third data and the first device 34 disposed in a case in a personal/private space being associated with a user personal music account data when the second data is received indicating that the second device is in proximity of the first device 34 to begin playing personalized music streaming. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Coffman in view of Cosby to include wherein determining, said utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data, as discussed above, as Yang in view of Coffman are in the same of endeavor employing methods and systems for storing first data indicating a condition for invoking at least a smart home application configured to perform an action according to at least a condition defining a presence indication of a user wearable or portable device, Cosby’s combination of the invoked application in relation to the identified satisfying condition defining the presence indication of the second received in addition to the user preset music selection/preference account data of the second device corresponding to a disposed space/environment of the first device further complements the invoked application condition methods and systems of Coffman, in a sense that when combined with the combination configuration of Cosby, said combination creates as would be appreciated in the art a condition for invoking a specific smart home application and to perform a specific automated action based specifically on the disposed and/or corresponding information about an environment in which the first device is disposed in relation to detected defining presence indication of the second device which would dictate a type of action to perform according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 31, Coffman teaches a system (a home system of at least para. 0351 and 0544 is configured based on stored satisfied condition to allow at least a first device to exchange and/or export data to a second device) comprising:
one or more processors (para. 0009) and
non-transitory computer-readable media storing computer-executable instructions (para. 0009) that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
storing first data indicating a condition for invoking an application configured to perform an action, the condition defining a presence indication (the system of further para. 0457, 0508-0511, 0536-0537 and 0590 cites stored conditions and criteria for invoking a skill and/or a target application, the criteria or conditions defining at least a presence proximity indication to launch or performed said action);
receiving second data indicating that a second device is in proximity of a first device (receiving further in para. 0457, 0508-0511, 0536-0537 and 0590 second sensor data indicating that a second device 1202 is in proximity of a first device 1200);
determining account data associated with the second device (determining further in at least para. 0063 and 0457 account data associated with the second device 1202);
determining that the first device is associated with the account data when the second data is received (correlating further in at least para. 0063 and 0457 said account data with the account data of the first device 1200 when the second data is received);
determining, utilizing third data received from one or more sensors, that the condition defining the presence indication has been satisfied (determining further by utilizing implied additional sensor/beacon data indicative of said third data received from one or more sensors of further para. 0457, 0508-0511, 0536-0537 and 0590 that the condition defining the presence indication has been satisfied);
causing the application to be invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received (causing further in para. 0457, 0508-0511, 0536-0537 and 0590 a display interface skill 1236 to be initiated or invoked or that of a music skill transfer function to be initiated or invoked based at least in part on the condition being satisfied and the first device being associated with the account data when the second data is received); and
causing the action to be performed based at least in part on a directive received from the application (causing further the display interface skill 1236 to be initiated or invoked or that of a music skill transfer function to be initiated or invoked as illustrated further in para. 0457, 0508-0511, 0536-0537 and 0590 based in a case at least in part on a directive received from the application).
However, Coffman is silent regarding citing specifically determining, utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied; and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data.
Cosby teaches at least in Figs. 1-5 sets of first smart devices 34 configured to be communicatively coupled with at least one or more second portable user device of further para. 0043-0047, the system of further Figs. 1-5 further illustrates that the control unit 30, the BAC 16 and/or the music service provider each includes means for storing first data indicating a condition for invoking a music skill application configured to perform a music streaming action, the condition defining a presence indication based on a space environment or information about an environment in which the first device 34 is disposed defining in a case a common area targeted for automated streaming of default jazz music or an individualized music streaming when the device 34 and the portable user device are detected in a personal/private space, Cosby further teaches in at least para. 0052 and Figs. 1-5 utilizing third data corresponding to information about an environment in which the first device 34 is disposed, said data received from one or more sensors that the second portable user device comes to a satisfied distance of the first device 34 as said condition defining the presence indication has been satisfied to automatically cause the music skill application to be invoked based at least in part on the condition being satisfied utilizing said third data and the first device 34 disposed in a case in a personal/private space being associated with a user personal music account data when the second data is received indicating that the second device is in proximity of the first device 34 to begin playing personalized music streaming. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Coffman in view of Cosby to include wherein determining, said utilizing third data, received from one or more sensors and corresponding to information about an environment in which the first device is disposed, that the condition defining the presence indication has been satisfied and said causing application to be invoked based at least in part on the condition being satisfied utilizing the third data, as discussed above, as Yang in view of Coffman are in the same of endeavor employing methods and systems for storing first data indicating a condition for invoking at least a smart home application configured to perform an action according to at least a condition defining a presence indication of a user wearable or portable device, Cosby’s combination of the invoked application in relation to the identified satisfying condition defining the presence indication of the second received in addition to the user preset music selection/preference account data of the second device corresponding to a disposed space/environment of the first device further complements the invoked application condition methods and systems of Coffman, in a sense that when combined with the combination configuration of Cosby, said combination creates as would be appreciated in the art a condition for invoking a specific smart home application and to perform a specific automated action based specifically on the disposed and/or corresponding information about an environment in which the first device is disposed in relation to detected defining presence indication of the second device which would dictate a type of action to perform according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/MARCELLUS J AUGUSTIN/Primary Examiner, Art Unit 2682 08/25/2026
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