Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. The nonstatutory 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 nonstatutory 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 nonstatutory 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
3. Claims 1, 2 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 9 of U.S. Patent No. 11,363,132 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims on the continuation are directed to the same invention of the patented claims with some additional details that are obvious to a person of ordinary skill in the art. For example, claims 1-2 are directed to smartphone with automatic response configuration and is identical to an information processing terminal of the patented claim(s). Please see table below:
Pending application 19/048408
U.S. Patent No. 11,363,132 B2
1. A smartphone comprising: a storage that stores personal information of a user of the smartphone, contact information containing at least a name of a person and identification information associated with the person, and a plurality of application programs; a wireless communication circuitry that receives a signal; a GPS signal receiver; and a first microprocessor programmed to: receive a message from another smartphone owned by another user via the wireless communication circuitry; identify the other user referring the contact information stored in the storage based on identification information received with the message; generate application information to specify an application program among the plurality of application programs, the application program being actively running on the smartphone and being operated by the user when the message is received; specify an intention of the message by using a second microprocessor to analyze the message; generate an automatic response based on the intention of the message, the personal information, and the application information; and transmit the automatic response to the other smartphone via the wireless communication circuitry; wherein the first microprocessor is further programmed to include state information in the automatic response, the state information indicating a state of the smartphone caused by an operation executed by the user, the operation being (i) playing a game using a game application program, (ii) watching a video using a video reproducing application program, or (iii) making a telephone call using a phone call application program.
1. An information processing terminal for preparing and implementing an automatic response, the information processing terminal comprising: a memory storing personal information of a user of the information processing terminal and an application program; and at least one microprocessor programmed to: receive an access request from an access partner; in response to the received access request, perform a request to the access partner to transmit a message when an operation in response to the access request is not input in the information processing terminal; make a determination whether an application is actively running on the information processing terminal and is operated by the user when the access request is received; identify an intention of the message upon receiving the message which has been received in response to the request; generate the automatic response based on the intention of the message, the personal information, and the determination, the automatic response including information about whether the application is actively running on the information processing terminal and is operated by the user when the access request is received; and transmit the automatic response to the access partner, wherein the automatic response includes a state of the user, and the state of the user includes identifying that the user is: (i) playing a game, (ii) watching a video, or (iii) making a telephone call.
2. The smartphone according to claim 1, wherein the message and the automatic response are transmitted and received in a form of SMS, E-mail or text chat, via the wireless communication circuitry.
3. The information processing terminal according to claim 1, wherein the message and the automatic response are transmitted and received via telephone, E-mail or text chat.
12. An information processing terminal comprising: storage means for storing personal information of a user of the smartphone, contact information containing at least a name of a person and identification information associated with the person, and a plurality of application programs; communication means for wirelessly receiving a signal; GPS signal means for receiving GPS signal; and a processing means for: receiving a message from another smartphone via the communication means; identifying the other user referring the contact information stored in the storage means based on identification information received with the message; generating application information to specify an application program among the plurality of application programs, the application program being actively running on the smartphone and being operated by the user when the message is received; specifying an intention of the message by analyzing the message; generating an automatic response based on the intention of the message, the personal information, and the application information; and transmitting the automatic response to the other smartphone via the communication means; wherein the processing means is further for: including positional information of the smartphone, which is generated, by the processing means, using either the GPS signal received by the GPS signal means, the signal received by the communication means or a combination thereof, in both the personal information and the automatic response; and acquiring the positional information of the smartphone after activating the GPS signal means and/or the communication means when the GPS signal means and/or the communication means is deactivated; and deactivate the GPS signal means and/or the communication means after acquiring the positional information.
9. An information processing terminal for preparing and implementing an automatic response, the information processing terminal comprising: a memory storing personal information of a user of the information processing terminal and an application program; at least one microprocessor programmed to: receive an access request from an access partner; in response to the received access request, perform a request to the access partner to transmit a message when an operation in response to the access request is not input in the information processing terminal; make a determination whether an application is actively running on the information processing terminal and is operated by the user when the access request is received; identify an intention of the message upon receiving the message which has been received in response to the request; generate the automatic response based on the intention of the message, the personal information, and the determination, the automatic response including information about whether the application is actively running on the information processing terminal and is operated by the user when the access request is received; and transmit the automatic response to the access partner; and a Global Positioning System (GPS) sensor or wireless interface configured to acquire positional information of the information processing terminal, wherein: the personal information includes the positional information of the information processing terminal, the automatic response includes the positional information of the information processing terminal, and the at least one microprocessor acquires the positional information of the information processing terminal after turning on the GPS sensor or wireless interface when the positional information acquisition is turned off, and turns off the GPS sensor or wireless interface after acquiring the positional information.
Claim Interpretation - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
A) Claim limitation “means for” of claims 12 and 15-16 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is unclear whether the claim limitation is modified by sufficient structure for performing the claimed function or it is unclear whether the corresponding structure is sufficiently disclosed in the written description of the specification.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 103
5. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
A) Claims 1-3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over RAMACHANDRAN (US 2014/0253666 A1) in view of Schapsis (US 2012/0064924 A1) and further in view of Pelkey (US 7056217 B1).
As per claim 1, RAMACHANDRAN teaches smartphone (RAMACHANDRAN, Fig.1A and ¶0031, communication device 102 or smart phone) comprising:
a storage that stores personal information of a user of the smartphone (RAMACHANDRAN, ¶0031, memory or storage for storing personal data or information of a user), contact information containing at least a name of a person and identification information associated with the person (RAMACHANDRAN, ¶0040-41, contact list or database containing phone number and identity information (i.e. name of person) and other identification information), and a plurality of application programs (RAMACHANDRAN, Fig.1A, applications 134); a wireless communication circuitry that receives a signal (RAMACHANDRAN, Fig.1A, transceiver 130); a GPS signal receiver (RAMACHANDRAN, Fig.1A and ¶0047, location application (i.e. GPS, ¶0096));
and a first microprocessor (RAMACHANDRAN, Fig.1A and ¶0047, processors) programmed to: receive a message from another smartphone owned by another user via the wireless communication circuitry (RAMACHANDRAN, Fig.1A and ¶0047 and ¶0049, receiving a call or message from communication device 140 (i.e. another smartphone) of caller (i.e. another user)); identify the other user referring the contact information stored in the storage based on identification information received with the message (RAMACHANDRAN, ¶0041 and ¶0047-48, identify the calling by matching the contact list or database stored in the memory based on biometric information (e.g., fingerprint trace capture, iris pattern information, etc.), location information associated with the call/caller, etc. received with the call or message); specify an intention of the message by using a second microprocessor to analyze the message (RAMACHANDRAN, ¶0034 and ¶0040, identify or specify the intent or intention of the message when receiving the message using the processors (i.e. first, second or more) to analyze the call or message).
However, RAMACHANDRAN does not explicitly teach generate application information to specify an application program among the plurality of application programs, the application program being actively running on the smartphone and being operated by the user when the message is received; generate an automatic response based on the intention of the message, the personal information, and the application information; and transmit the automatic response to the other smartphone via the wireless communication circuitry.
In the same field of endeavor, Schapsis teaches generate application information to specify an application program among the plurality of application programs (Schapsis, ¶0033 and ¶0035, generate application data or information to specify the program), the application program being actively running on the smartphone and being operated by the user when the message is received (Schapsis, ¶0035 the application is active or in auto mode (i.e. actively running) on the user’s phone and is operated by the user when the incoming SMS message is received); generate an automatic response based on the intention of the message, the personal information, and the application information (Schapsis, ¶0052 and ¶0054-55, generate auto response based on the type of the message and determine if a message should be returned and if so, what type of message should be returned (i.e. purpose or intention of message) and contact information using caller ID (i.e. wife or manager)); and transmit the automatic response to the other smartphone via the wireless communication circuitry (Schapsis, ¶0055, transmit auto response text message to the sender (i.e. other device or smart phone)); wherein the first microprocessor is further programmed to include state information in the automatic response (Schapsis, ¶0052, I can't answer right now," "I'm driving to the beach", "In a meeting-I can't answer right now” (these are all state information of the user) in the auto response message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of Schapsis into invention of RAMACHANDRAN in order to automatically respond to incoming call or incoming message while user does not wish to be distracted as engaged in activities such as driving, attending a meeting, working, watching movie, etc. (Schapsis, ¶0033).
However, RAMACHANDRAN in view of Schapsis does not explicitly teach the state information indicating a state of the smartphone caused by an operation executed by the user, the operation being (i) playing a game using a game application program, (ii) watching a video using a video reproducing application program, or (iii) making a telephone call using a phone call application program.
In the same field of endeavor, Pelkey teaches the state information indicating a state of the smartphone caused by an operation executed by the user, the operation being (i) playing a game using a game application program, (ii) watching a video using a video reproducing application program, or (iii) making a telephone call using a phone call application program (Pelkey, Col.9, lines 29-30, Col.10 lines 34-35 and Col.11, lines 40-50, state information indicating the state of the user which is either playing a game, browsing or watching web, etc. (i.e. watching video)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of Pelkey into invention of RAMACHANDRAN and Schapsis in order to provide a messaging service for exchanging messages between users of video game systems for purpose of communicating status data indicative of activity engaged in by a user (Pelkey, abstract).
As per claim 2 as applied to claim 1 above, RAMACHANDRAN further teaches wherein the message and the automatic response are transmitted and received in a form of SMS, E-mail or text chat, via the wireless communication circuitry (RAMACHANDRAN, ¶0049, the messages are transmitted and received by emails, SMS conversation, etc.).
As per claim 3 as applied to claim 1 above, RAMACHANDRAN further teaches wherein the first microprocessor is further programmed to: include positional information of the smartphone, which is generated by the first microprocessor using either a GPS signal received by the GPS signal receiver (RAMACHANDRAN, ¶0096, GPS sensor to receive location or positional information of the communication device), the signal received by the wireless communication circuitry or a combination thereof, in the automatic response (RAMACHANDRAN, ¶0047-48, profile information includes location information and response includes location information of the call/caller, etc.).
As per claim 5 as applied to claim 1 above, RAMACHANDRAN further teaches wherein the storage further stores schedule information that contains time information and location information (RAMACHANDRAN, ¶0059-60, storing schedule information that contains time (i.e. 11am-1pm) and location information (i.e. invention cafe)), and the first microprocessor is further programmed to refer the location information and include the location information in the automatic response, when the message is received (RAMACHANDRAN, ¶0047-48, location information and response includes location information of the call/caller, etc.).
As per claim 6 as applied to claim 1 above, RAMACHANDRAN further teaches wherein the storage further stores schedule information that contains time information and location information (RAMACHANDRAN, ¶0059-60, storing schedule information that contains time (i.e. 11am-1pm) and location information (i.e. invention cafe)), and the first microprocessor is further programmed to generate new schedule information based on the message and store the new schedule information in the storage, when the message is received (RAMACHANDRAN, ¶0059-60, schedule lunch for next (i.e. new) Wednesday thus generating new schedule information and save or store it in the calendar).
B) Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over RAMACHANDRAN (US 2014/0253666 A1) in view of Schapsis (US 2012/0064924 A1) and further in view of Pelkey (US 7056217 B1) and deCharms (US 2014/0368601 A1).
As per claim 4 as applied to claim 1 above, RAMACHANDRAN in view of Schapsis and Pelkey teaches a biometric information sensor (RAMACHANDRAN, ¶0062, biometric information sensor).
However, RAMACHANDRAN in view of Schapsis and Pelkey does not explicitly teach wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor, and the first microprocessor is further programmed to include the medical information in the automatic response.
In the same field of endeavor, deCharms teaches wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor (deCharms, ¶0018 and ¶0256 and ¶0258, personal data include medical information such as physical changes and stresses, such as blood pressure changes, breathing rate changes, heart rate changes, vocal pattern changes, etc. sensed by detector or sensor), and the first microprocessor is further programmed to include the medical information in the automatic response (deCharms, ¶0256 and ¶0258, include medical data in the automatic response, also see fig.6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of deCharms into invention of RAMACHANDRAN and Schapsis and Pelkey in order to provide security and assistance to users whenever they are in need of such services, such as when users are in dangerous or uncertain physical situations in which their safety or the safety of others may be in jeopardy.
C) Claims 7-9, 11-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over RAMACHANDRAN (US 2014/0253666 A1) in view of Schapsis (US 2012/0064924 A1) and further in view of KUMAR (US 2017/0339265 A1).
As per claim 7, RAMACHANDRAN teaches smartphone (RAMACHANDRAN, Fig.1A and ¶0031, communication device 102 or smart phone) comprising:
a storage that stores personal information of a user of the smartphone (RAMACHANDRAN, ¶0031, memory or storage for storing personal data or information of a user), contact information containing at least a name of a person and identification information associated with the person (RAMACHANDRAN, ¶0040-41, contact list or database containing phone number and identity information (i.e. name of person) and other identification information), and a plurality of application programs (RAMACHANDRAN, Fig.1A, applications 134); a wireless communication circuitry that receives a signal (RAMACHANDRAN, Fig.1A, transceiver 130); a GPS signal receiver (RAMACHANDRAN, Fig.1A and ¶0047, location application (i.e. GPS, ¶0096));
and a first microprocessor (RAMACHANDRAN, Fig.1A and ¶0047, processors) programmed to: receive a message from another smartphone via the wireless communication circuitry (RAMACHANDRAN, Fig.1A and ¶0047 and ¶0049, receiving a call or message from communication device 140 of caller (i.e. another smartphone)); identify the other user referring the contact information stored in the storage based on identification information received with the message (RAMACHANDRAN, ¶0041 and ¶0047-48, identify the calling by matching the contact list or database stored in the memory based on biometric information (e.g., fingerprint trace capture, iris pattern information, etc.), location information associated with the call/caller, etc. received with the call or message); specify an intention of the message by using a second microprocessor to analyze the message (RAMACHANDRAN, ¶0034 and ¶0040, identify or specify the intent or intention of the message when receiving the message using the processors (i.e. first, second or more) to analyze the call or message); wherein the first microprocessor is further programmed to: include positional information of the smartphone, which is generated by the first microprocessor using either a GPS signal received by the GPS signal receiver (RAMACHANDRAN, ¶0096, GPS sensor to receive location or positional information of the communication device), the signal received by the wireless communication circuitry or a combination thereof, in the response (RAMACHANDRAN, ¶0047-48, profile information includes location information and response includes location information of the call/caller, etc.).
However, RAMACHANDRAN does not explicitly teach generate application information to specify an application program among the plurality of application programs, the application program being actively running on the smartphone and being operated by the user when the message is received; generate an automatic response based on the intention of the message, the personal information, and the application information; and transmit the automatic response to the other smartphone via the wireless communication circuitry.
In the same field of endeavor, Schapsis teaches generate application information to specify an application program among the plurality of application programs (Schapsis, ¶0033 and ¶0035, generate application data or information to specify the program), the application program being actively running on the smartphone and being operated by the user when the message is received (Schapsis, ¶0035 the application is active or in auto mode (i.e. actively running) on the user’s phone and is operated by the user when the incoming SMS message is received); generate an automatic response based on the intention of the message, the personal information, and the application information (Schapsis, ¶0052 and ¶0054-55, generate auto response based on the type of the message and determine if a message should be returned and if so, what type of message should be returned (i.e. purpose or intention of message) and contact information using caller ID (i.e. wife or manager)); and transmit the automatic response to the other smartphone via the wireless communication circuitry (Schapsis, ¶0055, transmit auto response text message to the sender (i.e. other device or smart phone)); wherein the first microprocessor is further programmed to include state information in the automatic response (Schapsis, ¶0052, I can't answer right now," "I'm driving to the beach", "In a meeting-I can't answer right now” (these are all state information of the user) in the auto response message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of Schapsis into invention of RAMACHANDRAN in order to automatically respond to incoming call or incoming message while user does not wish to be distracted as engaged in activities such as driving, attending a meeting, working, watching movie, etc. (Schapsis, ¶0033).
However, RAMACHANDRAN in view of Schapsis does not explicitly teach
acquire the positional information of the smartphone after activating the GPS signal receiver and/or the wireless communication circuitry when the GPS signal receiver and/or the wireless communication circuitry is deactivated; and deactivate the GPS signal receiver and/or the wireless communication circuitry after acquiring the positional information.
In the same field of endeavor, KUMAR teaches acquire the positional information of the smartphone after activating the GPS signal receiver and/or the wireless communication circuitry when the GPS signal receiver and/or the wireless communication circuitry is deactivated; and deactivate the GPS signal receiver and/or the wireless communication circuitry after acquiring the positional information (KUMAR, ¶0021-22, activating or enabling applications such as GPS, WLAN, Bluetooth, WWAN when the applications are deactivated and after providing location information through GPS application terminate and deactivate the program).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of KUMAR into invention of RAMACHANDRAN and Schapsis in order to improve communication device capacity, reliability, communication range, and/or efficiency by
efficient use of the limited UE resources by decreasing network data plan consumption for purpose of battery power saving (KUMAR, background).
As per claim 8 as applied to claim 7 above, RAMACHANDRAN further teaches wherein a type of the application program includes a game application, a video reproducing application, or a telephone call application (RAMACHANDRAN, ¶0049 and ¶0101, video data application, phone call application, and/or other applications).
As per claim 9 as applied to claim 7 above, RAMACHANDRAN further teaches wherein the message and the automatic response are transmitted and received in a form of SMS, E-mail or text chat, via the wireless communication circuitry (RAMACHANDRAN, ¶0049, the messages are transmitted and received by emails, SMS conversation, etc.).
As per claim 11 as applied to claim 7 above, RAMACHANDRAN further teaches wherein the storage further stores schedule information that contains time information and location information (RAMACHANDRAN, ¶0059-60, storing schedule information that contains time (i.e. 11am-1pm) and location information (i.e. invention cafe)), and the first microprocessor is further programmed to generate new schedule information based on the message and store the new schedule information in the storage, when the message is received (RAMACHANDRAN, ¶0059-60, schedule lunch for next (i.e. new) Wednesday thus generating new schedule information and save or store it in the calendar).
As per claim 12, RAMACHANDRAN teaches an information processing terminal (RAMACHANDRAN, Fig.1A and ¶0031, communication device 102) comprising:
Storage means for storing personal information of a user of the smartphone (RAMACHANDRAN, ¶0031, memory or storage for storing personal data or information of a user), contact information containing at least a name of a person and identification information associated with the person (RAMACHANDRAN, ¶0040-41, contact list or database containing phone number and identity information (i.e. name of person) and other identification information), and a plurality of application programs (RAMACHANDRAN, Fig.1A, applications 134); communication means for wirelessly receiving a signal (RAMACHANDRAN, Fig.1A, transceiver 130); GPS signal means for receiving GPS signal (RAMACHANDRAN, Fig.1A and ¶0047, location application (i.e. GPS, ¶0096)); and processing means for (RAMACHANDRAN, Fig.1A and ¶0047, processors) programmed to: receiving a message from another smartphone via the wireless communication circuitry (RAMACHANDRAN, Fig.1A and ¶0047 and ¶0049, receiving a call or message from communication device 140 of caller (i.e. another smartphone)); identifying the other user referring the contact information stored in the storage based on identification information received with the message (RAMACHANDRAN, ¶0041 and ¶0047-48, identify the calling by matching the contact list or database stored in the memory based on biometric information (e.g., fingerprint trace capture, iris pattern information, etc.), location information associated with the call/caller, etc. received with the call or message); specifying an intention of the message by using a second microprocessor to analyze the message (RAMACHANDRAN, ¶0034 and ¶0040, identify or specify the intent or intention of the message when receiving the message using the processors (i.e. first, second or more) to analyze the call or message); wherein the processing means is further for: including positional information of the smartphone, which is generated by the first microprocessor using either a GPS signal received by the GPS signal receiver (RAMACHANDRAN, ¶0096, GPS sensor to receive location or positional information of the communication device), the signal received by the wireless communication circuitry or a combination thereof, in the response (RAMACHANDRAN, ¶0047-48, profile information includes location information and response includes location information of the call/caller, etc.).
However, RAMACHANDRAN does not explicitly teach generating application information to specify an application program among the plurality of application programs, the application program being actively running on the smartphone and being operated by the user when the message is received; generating an automatic response based on the intention of the message, the personal information, and the application information; and transmitting the automatic response to the other smartphone via the wireless communication circuitry.
In the same field of endeavor, Schapsis teaches generate application information to specify an application program among the plurality of application programs (Schapsis, ¶0033 and ¶0035, generate application data or information to specify the program), the application program being actively running on the smartphone and being operated by the user when the message is received (Schapsis, ¶0035 the application is active or in auto mode (i.e. actively running) on the user’s phone and is operated by the user when the incoming SMS message is received); generate an automatic response based on the intention of the message, the personal information, and the application information (Schapsis, ¶0052 and ¶0054-55, generate auto response based on the type of the message and determine if a message should be returned and if so, what type of message should be returned (i.e. purpose or intention of message) and contact information using caller ID (i.e. wife or manager)); and transmit the automatic response to the other smartphone via the wireless communication circuitry (Schapsis, ¶0055, transmit auto response text message to the sender (i.e. other device or smart phone)); wherein the first microprocessor is further programmed to include state information in the automatic response (Schapsis, ¶0052, I can't answer right now," "I'm driving to the beach", "In a meeting-I can't answer right now” (these are all state information of the user) in the auto response message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of Schapsis into invention of RAMACHANDRAN in order to automatically respond to incoming call or incoming message while user does not wish to be distracted as engaged in activities such as driving, attending a meeting, working, watching movie, etc. (Schapsis, ¶0033).
However, RAMACHANDRAN in view of Schapsis does not explicitly teach
acquire the positional information of the smartphone after activating the GPS signal receiver and/or the wireless communication circuitry when the GPS signal receiver and/or the wireless communication circuitry is deactivated; and deactivate the GPS signal receiver and/or the wireless communication circuitry after acquiring the positional information.
In the same field of endeavor, KUMAR teaches acquire the positional information of the smartphone after activating the GPS signal receiver and/or the wireless communication circuitry when the GPS signal receiver and/or the wireless communication circuitry is deactivated; and deactivate the GPS signal receiver and/or the wireless communication circuitry after acquiring the positional information (KUMAR, ¶0021-22, activating or enabling applications such as GPS, WLAN, Bluetooth, WWAN when the applications are deactivated and after providing location information through GPS application terminate and deactivate the program).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of KUMAR into invention of RAMACHANDRAN and Schapsis in order to improve communication device capacity, reliability, communication range, and/or efficiency by
efficient use of the limited UE resources by decreasing network data plan consumption for purpose of battery power saving (KUMAR, background).
As per claim 13 as applied to claim 12 above, RAMACHANDRAN further teaches wherein a type of the application program includes a game application, a video reproducing application, or a telephone call application (RAMACHANDRAN, ¶0049 and ¶0101, video data application, phone call application, and/or other applications).
As per claim 14 as applied to claim 12 above, RAMACHANDRAN further teaches wherein the message and the automatic response are transmitted and received in a form of SMS, E-mail or text chat, via the wireless communication circuitry (RAMACHANDRAN, ¶0049, the messages are transmitted and received by emails, SMS conversation, etc.).
As per claim 16 as applied to claim 12 above, RAMACHANDRAN further teaches wherein the storage means is further for storing schedule information that contains time information and location information (RAMACHANDRAN, ¶0059-60, storing schedule information that contains time (i.e. 11am-1pm) and location information (i.e. invention cafe)), and the processing means is further for generating new schedule information based on the message and store the new schedule information in the storage, when the message is received (RAMACHANDRAN, ¶0059-60, schedule lunch for next (i.e. new) Wednesday thus generating new schedule information and save or store it in the calendar).
D) Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over RAMACHANDRAN (US 2014/0253666 A1) in view of Schapsis (US 2012/0064924 A1) and further in view of KUMAR (US 2017/0339265 A1) and deCharms (US 2014/0368601 A1).
As per claim 10 as applied to claim 7 above, RAMACHANDRAN in view of Schapsis and KUMAR teaches a biometric information sensor (RAMACHANDRAN, ¶0062, biometric information sensor).
However, RAMACHANDRAN in view of Schapsis and KUMAR does not explicitly teach wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor, and the first microprocessor is further programmed to include the medical information in the automatic response.
In the same field of endeavor, deCharms teaches wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor (deCharms, ¶0018 and ¶0256 and ¶0258, personal data include medical information such as physical changes and stresses, such as blood pressure changes, breathing rate changes, heart rate changes, vocal pattern changes, etc. sensed by detector or sensor), and the first microprocessor is further programmed to include the medical information in the automatic response (deCharms, ¶0256 and ¶0258, include medical data in the automatic response, also see fig.6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of deCharms into invention of RAMACHANDRAN and Schapsis and KUMAR in order to provide security and assistance to users whenever they are in need of such services, such as when users are in dangerous or uncertain physical situations in which their safety or the safety of others may be in jeopardy.
As per claim 15 as applied to claim 12 above, RAMACHANDRAN in view of Schapsis and KUMAR teaches biometric information means for sensing a biometric information sensor (RAMACHANDRAN, ¶0062, biometric information sensor).
However, RAMACHANDRAN in view of Schapsis and KUMAR does not explicitly teach wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor and the processing means is further for including the medical information in the automatic response.
In the same field of endeavor, deCharms teaches wherein the personal information includes medical information relating to either pulse wave or blood pressure sensed by the biometric information sensor (deCharms, ¶0018 and ¶0256 and ¶0258, personal data include medical information such as physical changes and stresses, such as blood pressure changes, breathing rate changes, heart rate changes, vocal pattern changes, etc. sensed by detector or sensor), and the processing means is further for including the medical information in the automatic response (deCharms, ¶0256 and ¶0258, include medical data in the automatic response, also see fig.6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of deCharms into invention of RAMACHANDRAN and Schapsis and KUMAR in order to provide security and assistance to users whenever they are in need of such services, such as when users are in dangerous or uncertain physical situations in which their safety or the safety of others may be in jeopardy.
Conclusion
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/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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