DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application # 19/188,983 was filed on 4/24/2025.
Claims 1-20 are subject to examination.
An IDS filed on 4/24/2025 has been fully considered and entered by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims 1, 13 recite(s) storing data of a target application as a stored data which falls under mental processes wherein storing can be done on a piece of paper wherein data of an application can be written on a piece of paper/notebook; sending the stored data to a second device as a backup which falls under mental process wherein sending the stored data to the device wherein data stored in a notebook or paper can be fed to a generic computer. This judicial exception is not integrated into a practical application because the claims recites the steps being performed using first data management module. The module in both steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element of using data management module to perform storing and sending steps amounts to no more than mere instructions to apply the exception using a generic component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive step. The claim is not patent eligible.
Claim 10 recite(s) receiving stored data sent by a first device through a data management module can be done on a piece of paper wherein data of an application can be written on a piece of paper/notebook which can be received; running the application based on the stored data upon backup which falls under mental process wherein the stored data can be added into the device wherein data stored in a notebook or paper can be fed to a generic device by entering the data. This judicial exception is not integrated into a practical application because the claims recites the steps being performed using first data management module. The module in both steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element of using data management module to perform receiving and running steps amounts to no more than mere instructions to apply the exception using a generic component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive step. The claim is not patent eligible.
With respect to dependent claims 2-9, 11-12, 14-20, they falls under mental process wherein the claim limitations can be performed using a pen and paper. This judicial exception is not integrated into a practical application because the claims recites the steps being performed using first data management module. The module in steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element of using data management module to perform steps amounts to no more than mere instructions to apply the exception using a generic component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive step. The claim is not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. U.S. Patent Publication # 2014/0287818 (hereinafter Chan) in view of Tanzawa et al. U.S. Patent Publication # 2013/0331182 (hereinafter Tanzawa)
With respect to claim 1, Chan teaches a service transfer method, for a first device, wherein a first data management module is run on the first device, and the method comprises:
-storing, through the first data management module, data of a target application as stored data (Paragraph 24), wherein the stored data comprises persistent data and temporary data of the target application produced during running of the target application (i.e. electronic device includes at least one local storage device to storage the computer applications, application data and user data) (Paragraph 24,25, 27, 29-30) and
-sending, through the first data management module, the stored data to a second device (i.e. electronic devices 130 and 140 can synchronize the application states between each other via cloud storage service including sending application state data to the electronic device 140)(Paragraph 30-33), so that the second device runs the target application based on the stored data upon completion of backing up the stored data through a second data management module (i.e. the application state data can be sent according to the synchronization state and when the user starts to use the second device, the second device runs an instance of the game application (Paragraph 43-44, 65-66), wherein the second data management module is run on the second device (Paragraph 65-66)
Although, Chan teaches RAM (i.e. temporary storage data) and teaches temporary data of the game application (Paragraph 24, 58)but does not explicitly state storing user game data in the RAM (i.e. does not teach temporary data of the target application).
Tanzawa teaches storing data including temporary data of the target application (i.e. touch position in the temporary memory unit) (Paragraph 158, 160). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tanzawa’s teaching in Chan’s teaching to come up with storing data including temporary data of the target application. The motivation for doing so would be to empty out the cache when user signs off the gaming application or exits out of the gaming application.
With respect to claim 2, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the storing, through the first data management module, the data of the target application as the stored data comprises: performing, through the first data management module, a block operation (i.e. stopped operation) on the data of the target application (Paragraph 24) and obtaining at least one data block through the block operation (Paragraph 24, 60), and establishing a version record about the at least one data block, wherein the version record comprises a data block identifier (Paragraph 64-66) and a version identifier of each of the at least one data block, and storing the at least one data block and the version record as the stored data (Paragraph 60-65)
With respect to claim 3, Chan and Tanzawa teaches the method as claimed in claim 2, but Chan further teaches wherein the performing, through the first data management module, the block operation on the data of the target application and obtaining the at least one data block through the block operation, comprises: performing, through the first data management module, the block operation on the data of the target application according to at least one of a data type (i.e. status/stopped or transition) and a data entry (i.e. receive data indicating smart phone is being powered off)(Paragraph 60), and obtaining the at least one data block through the block operation (Paragraph 60-61)
With respect to claim 4, Chan and Tanzawa teaches the method as claimed in claim 3, but Chan further teaches wherein the data type comprises at least one of a document type, a running status type, and a configuration type (i.e. phone being turned off or transition)(Paragraph 60)
With respect to claim 5, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the sending, through the first data management module, the stored data to the second device comprises: controlling the first data management module to send, through a near field communication module of the first device, the stored data to the second device, so that the second device controls the second data management module to receive, through a near field communication module of the second device, the stored data (Paragraph 54)
With respect to claim 6, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the sending, through the first data management module, the stored data to the second device comprises: sending, through the first data management module, the stored data to a cloud server (Paragraph 24, 27, 29) so that the cloud server sends, upon completion of backing up the stored data, the backed-up data to the second device in response to a data acquisition request sent by the second device (Paragraph 28-35 , wherein the backed-up data is the stored data or merged data obtained by performing, at the cloud server, a merge operation on the stored data, and the cloud server is configured to synchronize the data between the first data management module and the second data management module (Paragraph 28-35, 37-47)
With respect to claim 7, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the method further comprises: obtaining, through the first data management module, device type information of a device to receive a transferred service (Paragraph 52) the sending, through the first data management module, the stored data to the second device comprises: sending, through the first data management module, the stored data to a second device whose device type matches a device type indicated by the device type information (Paragraph 63-65, 74-75)
With respect to claim 8, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the storing, through the first data management module, the data of the target application as the stored data comprises: in response to a battery power of the first device being lower than a power threshold (Paragraph 60-61), outputting first prompt information indicating that a service of the target application is to be transferred (Paragraph 60-61); and in response to a service transfer operation for the target application, storing, through the first data management module, the data of the target application as the stored data (Paragraph 64-66)
With respect to claim 9, Chan and Tanzawa teaches the method as claimed in claim 1, but Chan further teaches wherein the sending, through the first data management module, the stored data to the second device comprises: performing, through the first data management module, a merge operation on the stored data (Paragraph 67-73) and obtaining merged data through the merge operation (Paragraph 67-70), and sending, through the first data management module, the merged data to the second device (Paragraph 70-73)
With respect to claim 10, Chan teaches a service transfer method, for a second device, wherein a second data management module is run on the second device, and the method comprises:
-receiving, through the second data management module, stored data sent by a first device through a first data management module (i.e. electronic devices 130 and 140 can synchronize the application states between each other via cloud storage service including sending application state data to the electronic device 140)(Paragraph 30-33), wherein the stored data is obtained by storing, through the first data management module at the first device, data of a target application produced during running of the target application, and the stored data comprises persistent data and temporary data of the target application produced during the running of the target application (i.e. electronic device includes at least one local storage device to storage the computer applications, application data and user data) (Paragraph 24,25, 27, 29-30); and
running the target application based on the stored data, upon completion of backing up the stored data (i.e. the application state data can be sent according to the synchronization state and when the user starts to use the second device, the second device runs an instance of the game application (Paragraph 43-44, 65-66)
Although, Chan teaches RAM (i.e. temporary storage data) and teaches temporary data of the game application (Paragraph 24, 58)but does not explicitly state storing user game data in the RAM (i.e. does not teach temporary data of the target application).
Tanzawa teaches storing data including temporary data of the target application (i.e. touch position in the temporary memory unit) (Paragraph 158, 160). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tanzawa’s teaching in Chan’s teaching to come up with storing data including temporary data of the target application. The motivation for doing so would be to empty out the cache when user signs off the gaming application or exits out of the gaming application.
With respect to claim 11, Chan and Tanzawa teaches the method as claimed in claim 10, but Chan further teaches wherein the receiving, through the second data management module, the stored data sent by the first device through the first data management module comprises: controlling the second data management module to receive, through a near field communication module of the second device, the stored data sent by the first device through a near field communication module of the first device (Paragraph 54)
With respect to claim 12, Chan and Tanzawa teaches the method as claimed in claim 10, but Chan further teaches wherein the receiving, through the second data management module, the stored data sent by the first device through the first data management module (Paragraph 71-73) comprises: sending a data acquisition request to a cloud server so that the cloud server sends backed-up data to the second device (Paragraph 52-57, 71-73) wherein the backed-up data is the stored data or merged data obtained by performing, at the cloud server, a merge operation on the stored data, and the cloud server is configured to synchronize the data between the first data management module and the second data management module; and receiving the backed-up data through the second data management module (Paragraph 65-73)
With respect to claim 13, Chan teaches an electronic device, comprising:
-a memory storing executable program codes; and
-a processor coupled to the memory;
-wherein a first data management module is run on the electronic device, the processor is configured to call the executable program codes stored in the memory, and the executable program codes, when being executed by the processor, cause the processor to:
-store, through the first data management module, data of a target application as stored data (Paragraph 24), wherein the stored data comprises persistent data and temporary data of the target application produced during running of the target application (i.e. electronic device includes at least one local storage device to storage the computer applications, application data and user data) (Paragraph 24,25, 27, 29-30) and
-send, through the first data management module, the stored data to a further electronic device (i.e. electronic devices 130 and 140 can synchronize the application states between each other via cloud storage service including sending application state data to the electronic device 140)(Paragraph 30-33), so that the further electronic device runs the target application based on the stored data upon completion of backing up the stored data through a second data management module (i.e. the application state data can be sent according to the synchronization state and when the user starts to use the second device, the second device runs an instance of the game application (Paragraph 43-44, 65-66), wherein the second data management module is run on the further electronic device (Paragraph 65-66)
Although, Chan teaches RAM (i.e. temporary storage data) and teaches temporary data of the game application (Paragraph 24, 58)but does not explicitly state storing user game data in the RAM (i.e. does not teach temporary data of the target application).
Tanzawa teaches storing data including temporary data of the target application (i.e. touch position in the temporary memory unit) (Paragraph 158, 160). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tanzawa’s teaching in Chan’s teaching to come up with storing data including temporary data of the target application. The motivation for doing so would be to empty out the cache when user signs off the gaming application or exits out of the gaming application.
With respect to claims 14-20 respectively, teaches same limitations as claims 2-8 respectively, therefore rejected under same basis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A). Ye et al. U.S. Patent Publication # 20026/0203175 which teaches about cloud service providing multiple virtual instance including standby virtual instance wherein establishing a mapping relationship between the first and second physical memory and virtual memory.
B). Voss et al. U.S. Patent # 11,341,234 which teaches about having production backup system and isolated recovery system including secure copy of the metadata may then be restored to a sandboxed environment with the isolated recovery environment and used to create a recovery instance of the backup application.
C). Slabbert et al. U.S. Patent Publication # 2018/0085666
D). Mantri et al. U.S. Patent Publication # 2012/0084341
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DHAIRYA A. PATEL
Primary Examiner
Art Unit 2453
/DHAIRYA A PATEL/ Primary Examiner, Art Unit 2453
