Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
Claims 1-20 are presenting for examination.
Non-statutory double patenting rejection
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,143,457. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 457 anticipates the claimed invention as been shown in the table below.
18/911,131
12,143,457
1. A method comprising: obtaining, by a first computing device, historical feature usage information of a second computing device collected while the first computing device is wirelessly connected to the second computing device; generating, by the first computing device and based on the historical feature usage information, a usage profile; determining, by the first computing device and based on the usage profile, a timeout value; and sending, by the first computing device and to the second computing device, instructions to cause the second computing device to initiate a modem connection to a network responsive to the second computing device determining an amount of time specified by the timeout value has elapsed.
1. A method comprising: obtaining, by a first computing device, a usage profile generated by at least applying a machine learning model to historical feature usage information of the first computing device collected while the first computing device was wirelessly connected to a second computing device; determining, by the first computing device and based on the usage profile, a timeout value; and responsive to determining, by the first computing device, that the first computing device is no longer wirelessly connected to the second computing device and after an amount of time specified by the timeout value has elapsed, initiating, by the first computing device, a modem connection to a network.
2. The method of claim 1, wherein the historical feature usage information includes at least one of: a frequency at which the first computing device or the second computing device sends and receives signals to establish one or more audio calls, availability of a user of the second computing device based on a schedule of the user, or a signal strength indication of the second computing device at a particular time of day, wherein the signal strength indication comprises a signal strength of a wireless connection between the first computing device and the second computing device.
2. The method of claim 1, wherein the historical feature usage information includes at least one of: a frequency at which the first computing device or the second computing device sends and receives signals to establish one or more audio calls, availability of a user of the first computing device based on a schedule of the user, or a signal strength indication of the first computing device at a particular time of day, wherein the signal strength indication comprises a signal strength of a wireless connection between the first computing device and the second computing device.
3. The method of claim 1, wherein the first computing device is wirelessly connected to the second computing device via a personal area network.
3. The method of claim 1, wherein the first computing device is wirelessly connected to the second computing device via a personal area network.
4. The method of claim 1, further comprising: continuously updating the usage profile by providing a machine learning model additional historical feature usage information of the second computing device determining, by the first computing device and based on an updated usage profile, an updated timeout value; and sending, by the first computing device and to the second computing device, updated instructions to cause the second computing device to initiate the modem connection to the network responsive to the second computing device determining an amount of time specified by the updated timeout value has elapsed.
4. The method of claim 1, wherein generating the usage profile by at least applying the machine learning model to historical feature usage information of the first computing device collected while the first computing device was wirelessly connected to the second computing device further comprises: continuously updating the usage profile by providing the machine learning model additional historical feature usage information of the first computing device.
5. The method of claim 1, wherein generating the usage profile comprises: sending, by the first computing device and to a remote computing system, the historical feature usage information; obtaining, by the first computing device, the usage profile, wherein the usage profile is generated by the remote computing system.
5. The method of claim 1, further comprising: sending, by the first computing device and to a remote computing system, the historical feature usage information, wherein the remote computing system is one of the second computing device or a different computing system; obtaining, by the first computing device, the usage profile, wherein the usage profile is generated by the remote computing system; and receiving, by the first computing device and from the remote computing system, instructions for updating the timeout value.
6. The method of claim 1, further comprising: sending, by the first computing device and to the second computing device, a notification responsive to the second computing device initiating the modem connection to the network based on the amount of time specified by the timeout value or responsive to the first computing device reconnecting to the second computing device after the first computing device is disconnected from the second computing device.
6. The method of claim 1, further comprising: receiving, by the first computing device and from the second computing device, a notification in response to the first computing device initiating the modem connection to the network based on the amount of time specified by the timeout value or reconnecting to the second computing device after the first computing device is disconnected from the second computing device.
7. The method of claim 6, wherein the notification includes one or more indications of an incoming voice call or a message not received by the second computing device while the first computing device was disconnected from the second computing device.
7. The method of claim 6, wherein the notification includes one or more indications of an incoming voice call or a message not received by the first computing device while the first computing device was disconnected from the second computing device.
8. The method of claim 1, wherein a service supporting a voice channel modem connection to the network allows calling over a wireless local area network, and wherein the first computing device updates the timeout value to an indefinite length of time responsive to the wireless local area network establishing a voice channel modem connection to the network.
8. The method of claim 1, wherein a service supporting a voice channel modem connection to the network allows calling over a wireless local area network, and wherein the first computing device updates the timeout value to an indefinite length of time in response the wireless local area network establishing the voice channel modem connection to the network
9. The method of claim 1, wherein the first computing device provides a machine learning model one or more instances of a user of the second computing device activating the modem connection to the network prior to the second computing device activating the modem connection to the network based on the amount of time specified by the timeout value, and wherein the machine learning model updates the usage profile based on the one or more instances.
9. The method of claim 1, wherein the first computing device provides the machine learning model one or more instances of a user of the first computing device activating the modem connection to the network prior to the first computing device activating the modem connection to the network based on the amount of time specified by the timeout value, and wherein the machine learning model updates the usage profile based on the one or more instances.
10. A computing device comprising: at least one processor; and a storage device that stores instructions executable by the at least one processor to: obtain historical feature usage information of a companion computing device collected while the computing device was wirelessly connected to the companion computing device; generate, based on the historical feature usage information, a usage profile; determine, based on the usage profile, a timeout value; and send, to the companion computing device, connection instructions to cause the companion computing device to initiate a modem connection to a network responsive to the companion computing device determining an amount of time specified by the timeout value has elapsed.
10. A computing device comprising: at least one processor; a network interface; and a storage device that stores instructions executable by the at least one processor to: obtain a usage profile generated by at least applying a machine learning model to historical feature usage information of the computing device collected while the computing device was wirelessly connected to a companion computing device; determine, based on the usage profile, a timeout value; and responsive to determining that the computing device is no longer wirelessly connected to the companion computing device and after an amount of time specified by the timeout value has elapsed, initiate a connection to a network using the network interface.
11. The computing device of claim 10, wherein the historical feature usage information includes at least one of: a frequency at which the computing device or the companion computing device sends and receives signals to establish one or more audio calls, availability of a user of the companion computing device based on a schedule of the user, or a signal strength indication of the companion computing device at a particular time of day, and wherein the signal strength indication comprises a signal strength of a wireless connection between the computing device and the companion computing device.
11. The computing device of claim 10, wherein the historical feature usage information includes at least one of: a frequency at which the computing device or the companion computing device sends and receives signals to establish one or more audio calls, availability of a user of the computing device based on a schedule of the user, or a signal strength indication of the computing device at a particular time of day, and wherein the signal strength indication comprises a signal strength of a wireless connection between the computing device and the companion computing device.
12. The computing device of claim 10, wherein the computing device is wirelessly connected to the companion computing device via a personal area network
12. The computing device of claim 10, wherein the computing device is wirelessly connected to the companion computing device via a personal area network.
13. The computing device of claim 10, wherein the instructions executable by the at least one processor further cause the at least one processor to: continuously update the usage profile by providing a machine learning model additional historical feature usage information of the companion computing device; determine, based on an updated usage profile, an updated timeout value; and send, to the companion computing device, updated connection instructions to cause the companion computing device to initiate the modem connection to the network responsive to the companion computing device determining an amount of time specified by the updated timeout value has elapsed.
13. The computing device of claim 10, wherein the instructions executable by the at least one processor further cause the at least one processor to: send, to a remote computing system, the historical feature usage information, wherein the remote computing system is one of the companion computing device or a computing system; obtain, the usage profile, wherein the usage profile is generated by the remote computing system; and receive, from the remote computing system, instructions for updating the timeout value.
14. The computing device of claim 10, wherein the instructions further cause the at least one processor to send, to the companion computing device, a notification responsive to the companion computing device initiating the connection to the network based on the amount of time specified by the timeout value or responsive to the computing device reconnecting to the companion computing device after the computing device is disconnected from the companion computing device.
14. The computing device of claim 10, wherein: the instructions further cause the at least one processor to receive, from the companion computing device, a notification in response to the computing device initiating the connection to the network based on the amount of time specified by the timeout value or reconnecting to the companion computing device after the computing device is disconnected from the companion computing device.
15. The computing device of claim 14, wherein the notification includes one or more indications of an incoming voice call or a message not received by the companion computing device while the computing device was disconnected from the companion computing device.
15. The computing device of claim 14, wherein the notification includes one or more indications of an incoming voice call or a message not received by the computing device while the computing device was disconnected from the companion computing device.
16. A computer-readable storage medium storing instructions that, when executed, cause at least one processor of a first computing device to: obtain historical feature usage information of a second computing device collected while the first computing device was wirelessly connected to the second computing device; generate, based on the historical feature usage information, a usage profile; determine, based on the usage profile, a timeout value; and send, to the second computing device, connection instructions to cause the second computing device to initiate a modem connection to a network responsive to the second computing device determining an amount of time specified by the timeout value has elapsed.
16. A computer-readable storage medium storing instructions that, when executed, cause at least one processor of a first computing device to: obtain a usage profile generated by at least applying a machine learning model to historical feature usage information of the first computing device collected while the first computing device was wirelessly connected to a second computing device; determine, based on the usage profile, a timeout value; and responsive to determining that the first computing device is no longer wirelessly connected to the second computing device and after an amount of time specified by the timeout value has elapsed, initiate a modem connection to a network.
17. The computer-readable storage medium of claim 16, wherein the historical feature usage information includes at least one of: a frequency at which the first computing device or the second computing device sends and receives signals to establish one or more audio calls, availability of a user of the second computing device based on a schedule of the user, or a signal strength indication of the second computing device at a particular time of day, wherein the signal strength indication comprises a signal strength of a wireless connection between the first computing device and the second computing device.
17. The computer-readable storage medium of claim 16, wherein the historical feature usage information includes at least one of: a frequency at which the first computing device or the second computing device sends and receives signals to establish one or more audio calls, availability of a user of the first computing device based on a schedule of the user, or a signal strength indication of the first computing device at a particular time of day, wherein the signal strength indication comprises a signal strength of a wireless connection between the first computing device and the second computing device.
18. The computer-readable storage medium of claim 16, wherein the first computing device is wirelessly connected to the second computing device via a personal area network.
18. The computer-readable storage medium of claim 16, wherein the first computing device is wirelessly connected to the second computing device via a personal area network.
19. The computer-readable storage medium of claim 16, wherein the instructions further cause the at least one processor to: continuously update the usage profile by providing a machine learning model additional historical feature usage information of the second computing device; determine, based on an updated usage profile, an updated timeout value; and send, to the second computing device, updated connection instructions to cause the second computing device to initiate the modem connection to the network responsive to the second computing device determining an amount of time specified by the updated timeout value has elapsed.
19. The computer-readable storage medium of claim 16, wherein the instructions further cause the at least one processor to: send, to a remote computing system, the historical feature usage information, wherein the remote computing system is one of the second computing device or a computing system; obtain, the usage profile, wherein the usage profile is generated by the remote computing system; and receive, from the remote computing system, instructions for updating the timeout value.
20. The computer-readable storage medium of claim 16, wherein the instructions further cause the at least one processor to: send, to the second computing device, a notification responsive to the second computing device initiating the modem connection to the network based on the amount of time specified by the timeout value or responsive to the first computing device reconnecting to the second computing device after the first computing device is disconnected from the second computing device.
20. The computer-readable storage medium of claim 16, wherein the instructions further cause the at least one processor to: receive, from the second computing device, a notification in response to the first computing device initiating the modem connection to the network based on the amount of time specified by the timeout value or reconnecting to the second computing device after the first computing device is disconnected from the second computing device
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
01/24/2026