CTNF 18/954,132 CTNF 71787 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections 07-29-01 AIA Claim s 3 and 13 are objected to because of the following informalities: In claims 3 and 13, line 6, -- time – should be inserted after “elapsed” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-5, 8, 11-15, 18 and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Seong et al (Korean Patent Document KR 2015-0006672, “Machine Translation of the Specification Provided”) . Regarding claim 1, Seong et al shows an electronic device (Figure 2) including: a memory storing at least one instruction (Page 8, paragraph 5, the method may be executed on hardware devices specifically configured to store and execute program instructions); a cache memory storing cache data (210); at least one processor (230) configured to execute the at least one instruction stored in the memory; and a communication interface (Figure 2 shows the electronic device interacting with the server 201), wherein the at least one processor is configured to execute the at least one instruction to: receive a request to fetch network data provided by a server (Page 4, paragraph 10, “a user accesses a site or page using a web browser) ; compare expected network response performance indicating a time expected for fetching the network data from the server with expected cache response performance indicating a time expected for retrieving cache data corresponding to the network data from the cache memory (Page 5, paragraphs 1 and 2), based on a result of the comparing, obtain the network data by requesting the network data from the server via the communication interface or obtain the cache data by requesting the cache data from the cache memory (Page 5, paragraphs 1 and 2, the cache or server is used based on the shorter loading time), and process the obtained network data or the obtained cache data (Page 5, paragraphs 1 and 2). Regarding claim 2, Seong teaches: determine the expected network response performance based on a first elapsed time from a time when the network data is requested from the server to a time when the network data is obtained from the server (Page 5, paragraphs 1-3); and determine the expected cache response performance based on a second elapsed time from a time when the cache data is requested from the cache memory to a time when the cache data is obtained from the cache memory (Page 5, paragraphs 1-3). Regarding claim 3, Seong teaches: based on the first elapsed time being less than or equal to the second elapsed time, obtain the network data from the server by requesting the network data from the server via the communication interface (Page 5, paragraphs 1-3); and based on the first elapsed being greater than the second elapsed time, obtain the cache data from the cache memory by requesting the cache data from the cache memory (Page 5, paragraphs 1-3). Regarding claim 4, Seong teaches: determine the first elapsed time based on at least one of: an average of a plurality of accumulated past first elapsed times, or an immediately preceding first elapsed time (Since page 5, paragraphs 1-3 are teaching requests for additional information are based on which is faster (i.e., the cache or the server), then the measured elapsed time is the immediately preceding first elapsed time). Regarding claim 5, Seong teaches: determine the second elapsed time, based on at least one of: an average of a plurality of accumulated past second elapsed times, an immediately preceding second elapsed time, a total number of data requests accumulated in a queue of the cache memory, or a priority of a cache data request for the cache data among the data requests accumulated in the queue of the cache memory (Since page 5, paragraphs 1-3 are teaching requests for additional information are based on which is faster (i.e., the cache or the server), then the measured elapsed time is the immediately preceding second elapsed time). Regarding claim 8, Seong teaches: wherein the cache data has been previously obtained from the server and stored in the cache memory (See Figure 2 and page 4, paragraph 8). Regarding claims 11-15 and 18, these are the method claims corresponding to device claims 1-5 and 8 above, and are rejected by Seong for the same reasons set forth above. Regarding claim 20, Seong teaches a non-transitory computer-readable recording medium having recorded thereon a program for performing, on a computer, the operating method of claim 11 (Page 8, paragraph 5) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 6, 9, 10, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Seong et al (Korean Patent Document KR 2015-0006672, “Machine Translation of the Specification Provided”) . Regarding claims 6 and 16, Seong teaches: determine whether the cache data stored in the cache memory is valid (Page 7, paragraph 6); and based on determining that the cache data is invalid, obtain the network data from the server by requesting the network data from the server via the communication interface (Page 7, paragraph 9). Seong does not mention comparing the expected network response performance with the expected cache response performance based on determining that the cache data is valid. Seong does teach comparing the expected network response performance with the expected cache response performance as set forth above. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Seong with the performance comparing step after determining that the cache data is valid. The rationale is as follows: One of ordinary skill in the art would have been motivated to provide Seong with the performance comparing step after determining that the cache data is valid so that the faster of the loading of the cache memory or the server is used when both sources are known to have valid data, which is the main idea of Seong. Regarding claims 9 and 19, Seong does not specify that the cache memory is a non-volatile memory. Official Notice is taken that non-volatile cache memory is old and well known in the art. Non-volatile cache memory is ideal for storing permanent data or information that must not be lost. Examples of non-volatile memory include flash memory, read-only memory (ROM), and hard disk drives. The choice between volatile and non-volatile cache memory depends on the specific needs of a system. If data retention and reliability are more important, non-volatile cache memory is the preferred option. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use non-volatile memory for the cache memory. The rationale is as follows: One of ordinary skill in the art would have been motivated to use non-volatile memory for the cache memory for data retention and reliability benefits. Regrading claim 10, Seong does not specify that the data is for executing an application. Official Notice is taken that web applications are old and well known in the art. Applicant acknowledges they are common in paragraph [0003] of the specification. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the electronic device of Seong with web application data. The rationale is as follows: One of ordinary skill in the art would have been motivated to provide the electronic device of Seong with web application data so that Seong could execute web applications . 07-22-aia AIA Claim s 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seong et al as applied to claim s 6 and 16 above, and further in view of Ruellan et al (U.S. Patent Publication 2017/0026483) Regarding claims 7 and 17, Seong teaches determining whether cache data is valid as set forth above, but does not specify that it is based on a validity period of the cache data. Ruellan teaches in paragraph [0022] that it is known to have a validity period for a resource, i.e., the period during which the resource stored in a cache memory can be used. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the cache memory of Seong with a validity period as taught by Ruellan. The rationale is as follows: One of ordinary skill in the art would have been motivated to provide the cache memory with a validity period since Ruellan teaches that it is a known method of determining how long a resource stored in cache memory can be considered as valid . Conclusion 07-96 AIA 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 WILLIAM R KORZUCH whose telephone number is (571)272-7589. The examiner can normally be reached Mon.-Fri. 8:00-4:00. Information regarding the status of published or unpublished applications may be obtained from Patent Center. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WILLIAM R KORZUCH/Supervisory Patent Examiner, Art Unit 2491 Application/Control Number: 18/954,132 Page 2 Art Unit: 2491 Application/Control Number: 18/954,132 Page 3 Art Unit: 2491 Application/Control Number: 18/954,132 Page 4 Art Unit: 2491 Application/Control Number: 18/954,132 Page 5 Art Unit: 2491 Application/Control Number: 18/954,132 Page 6 Art Unit: 2491 Application/Control Number: 18/954,132 Page 7 Art Unit: 2491 Application/Control Number: 18/954,132 Page 8 Art Unit: 2491 Application/Control Number: 18/954,132 Page 9 Art Unit: 2491 Application/Control Number: 18/954,132 Page 10 Art Unit: 2491
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