DETAILED ACTION
Status of Claims
Claims 21 -41 are pending.
Claims 1-20 have been cancelled.
Claims 21, 35, 38, and 41 are independent.
This office action is Non-Final.
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 .
Double Patenting
Claims 21 - 41 of this application is patentably indistinct from claims 1 - 21 of Application No. 18/170,571. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory 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 21 – 41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 21 of U.S. Patent No. 12,314,105. Although the claims at issue are not identical, they are not patentably distinct from each other because they are directed to a control unit that performs control to calculate a future prediction value of remaining battery amount on the basis of a use history of an information processing apparatus by a user and to present prediction value related information related to the prediction value to the user. Accordingly, the user can easily predict the future remaining battery amount. The differences between the inventions are provided in the table below (emphasis added by the Examiner).
Instant Application No. ‘394
Patent No. ‘105
21. An information processing apparatus comprising:
circuitry configured to perform control to generate remaining time expected information for a battery on a basis of a use history of the information processing apparatus by a user, and
to display the remaining time expected information in both characters and a graph simultaneously, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
1. An information processing apparatus comprising:
circuitry configured to perform control to generate remaining time expected information for a battery on a basis of a use history of the information processing apparatus by a user, and
to display the remaining time expected information in both characters and a graph, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
Claim 22 (New): The information processing apparatus according to claim 21, wherein the circuitry is configured to display the graph that indicates a time transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
2. The information processing apparatus according to claim 1, wherein the circuitry is configured to display the graph that indicates a time transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
23. The information processing apparatus according to claim 22, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
3. The information processing apparatus according to claim 2, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
24. The information processing apparatus according to claim 21, wherein the circuitry performs control to calculate a prediction value of a charge start timing by the user on the basis of the use history of the information processing apparatus by the user
and to display prediction value related information in a case where a timing at which a future prediction value becomes equal to or less than a predetermined value is earlier than the prediction value of the charge start timing.
4. The information processing apparatus according to claim 1, wherein the circuitry performs control to calculate a prediction value of a charge start timing by the user on the basis of the use history of the information processing apparatus by the user and to display prediction value related information in a case where a timing at which a future prediction value becomes equal to or less than a predetermined value is earlier than the prediction value of the charge start timing.
25. The information processing apparatus according to claim 24, wherein the circuitry performs control to present recommendation information that recommends a transition to a low power consumption mode to the user as the prediction value related information.
5. The information processing apparatus according to claim 4, wherein the circuitry performs control to present recommendation information that recommends a transition to a low power consumption mode to the user as the prediction value related information.
26. The information processing apparatus according to claim 25, wherein the recommendation information includes information indicating that the timing at which the future prediction value becomes equal to or less than the predetermined value is earlier than the prediction value of the charge start timing.
6. The information processing apparatus according to claim 5, wherein the recommendation information includes information indicating that the timing at which the future prediction value becomes equal to or less than the predetermined value is earlier than the prediction value of the charge start timing.
27. The information processing apparatus according to claim 25, wherein the circuitry determines whether or not to display the recommendation information to the user on a basis of a latest use history of the information processing apparatus by the
user.
7. The information processing apparatus according to claim 5, wherein the circuitry determines whether or not to display the recommendation information to the user on a basis of a latest use history of the information processing apparatus by the user.
28. The information processing apparatus according to claim 27, wherein the latest use history of the information processing apparatus by the user includes a position of the information processing apparatus.
8. The information processing apparatus according to claim 7, wherein the latest use history of the information processing apparatus by the user includes a position of the information processing apparatus.
29. The information processing apparatus according to claim 21, wherein the circuitry performs control to display the graph to include a time transition of a future prediction value for the battery as the prediction value related information.
9. The information processing apparatus according to claim 1, wherein the circuitry performs control to display the graph to include a time transition of a future prediction value for the battery as the prediction value related information.
30. The information processing apparatus according to claim 29, wherein the circuitry performs control to display the graph to include a time transition of a past remaining battery percentage as the prediction value related information.
10. The information processing apparatus according to claim 9, wherein the circuitry performs control to display the graph to include a time transition of a past remaining battery percentage as the prediction value related information.
31. The information processing apparatus according to claim 21, wherein the circuitry searches for a similar use history similar to a latest use history of the information processing apparatus by the user from a use history of the information processing
apparatus by the user to calculate the future prediction value on a basis of the similar use
history.
11. The information processing apparatus according to claim 1, wherein the circuitry searches for a similar use history similar to a latest use history of the information processing apparatus by the user from a use history of the information processing apparatus by the user to calculate the future prediction value on a basis of the similar use
history.
32. The information processing apparatus according to claim 31, wherein the use history of the information processing apparatus is specified by a plurality of prediction history variables, and the circuitry performs weighting with respect to each of the prediction history variables and searches for the similar use history on a basis of the weighted prediction history variables.
12. The information processing apparatus according to claim 11, wherein the use history of the information processing apparatus is specified by a plurality of prediction history variables, and the circuitry performs weighting with respect to each of the prediction history variables and searches for the similar use history on a basis of the weighted prediction history variables.
33. The information processing apparatus according to claim 32, wherein the circuitry compares the future prediction value with an actual measurement value of the battery amount and updates the weighting of the prediction history variables on a basis of a comparison result.
13. The information processing apparatus according to claim 12, wherein the circuitry compares the future prediction value with an actual measurement value of the battery amount and updates the weighting of the prediction history variables on a basis of a comparison result.
34. The information processing apparatus according to claim 21, wherein prediction value related information related to a future prediction value of battery amount includes hours and minutes of remaining battery time.
14. The information processing apparatus according to claim 1, wherein prediction value related information related to a future prediction value of battery amount includes hours and minutes of remaining battery time.
35. An information processing method, comprising: performing control, by circuitry, to calculate remaining time expected information for a battery of an information processing apparatus on a basis of a use history of the information processing apparatus by a user, and to display the remaining time expected information in both characters and a graph simultaneously, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
15. An information processing method, comprising: performing control, by circuitry, to calculate remaining time expected information for a battery of an information processing apparatus on a basis of a use history of the information processing apparatus by a user, and to display the remaining time expected information in both characters and a graph, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
36. The information processing method according to claim 35, further comprising:
displaying a graph that indicates a time transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
16. The information processing method according to claim 15, further comprising: displaying a graph that indicates a time transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
37. The information processing method according to claim 36, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
17. The information processing method according to claim 16, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
38. A non-transitory computer-readable storage medium storing instructions thereon which, when executed by circuitry, cause the instructions to perform a method, the method comprising: performing control to calculate remaining time expected information for a battery of an information processing apparatus on a basis of a use history of the information processing apparatus by a user, and to display the remaining time expected information in both characters and a graph simultaneously, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
18. A non-transitory computer-readable storage medium storing instructions thereon which, when executed by circuitry, cause the instructions to perform a method, the method comprising: performing control to calculate remaining time expected information for a battery of an information processing apparatus on a basis of a use history of the information processing apparatus by a user, and to display the remaining time expected information in both characters and a graph, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
39. The non-transitory computer-readable storage medium according to claim 38, wherein the method further comprises:
displaying a graph that indicates a time
transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
19. The non-transitory computer-readable storage medium according to claim 18, wherein the method further comprises: displaying a graph that indicates a time transition of history of remaining battery amount and a battery use rate list for a period shown in the graph.
40. The non-transitory computer-readable storage medium according to claim 39, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
20. The non-transitory computer-readable storage medium according to claim 19, wherein the battery use rate list associates an application operating in the information processing apparatus with a percentage of battery consumed by the application compared to an entire consumption amount of the battery.
41. An information processing apparatus comprising: circuitry configured to display remaining time expected information for a battery of the information processing apparatus, wherein the remaining time expected information is displayed in both characters and a graph simultaneously, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
21. An information processing apparatus comprising: circuitry configured to display remaining time expected information for a battery of the information processing apparatus, wherein the remaining time expected information is displayed in both characters and a graph, wherein the graph shows how a remaining battery amount in the future is predicted to change over time.
Appropriate action is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brown; Alexander B. et al. (US Patent Application Publication No. 2016/0157180 A1) “Adaptive Battery Life Extension” is cited to teach a first battery number determined to represent a battery condition of a battery of a mobile device using a predictive model, where the predictive model is configured to predict future battery conditions based on a past battery usage of the battery. A second battery number is determined representing the battery condition using a drain model, where the drain model is configured to predict a future battery discharge rate based on a past battery discharge rate. A third battery number is determined representing the battery condition based on a current battery level corresponding to a remaining life of the battery at the point in time. Power management logic performs a power management action based on the battery condition derived from at least one of the first battery number, the second battery number and the third battery number.
De Cesare; Joshua et al. (US Patent Application Publication No. 2014/0082384 A1) “Inferring User Intent From Battery Usage Level And Charging Trends” is cited to teach techniques for power management of a portable device. According to one embodiment, a user agent of an operating system executed within a portable device is configured to monitor daily battery usage of a battery of the portable device, to capturing, by the user agent, daily battery charging pattern of the battery of the portable device, and to inferring, by the user agent, user intent of utilizing the portable device at a given point in time based on a battery operating condition at the point in time in view of the daily battery usage and the daily battery charging pattern. Power management logic is configured to perform power management actions based on the user intent.
Gutierrez, Jr; Alberto. (US Patent Application Publication No. 2014/0045436 A1) “Mobile Battery Consumption Analysis System And Method Of Operating On Delta Charge Samples” is cited to teach a method for operation of a battery consumption analysis server communicatively coupled to a plurality of mobile devices over radio channels to receive packages of data recorded at each mobile device containing application use, and battery charging and discharging events. By receiving independent sets of information from the mobile device wherein independent sets comprise at least one of wireless phone activities and battery use, combining this information in such a way that the battery consumption or over consumption of specific applications are identified, the apparatus and method configures a display to identify the correspondingly bad applications to a user.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL S JOHNSON whose telephone number is (571)270-3485. The examiner can normally be reached 10AM-7PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jaweed Abbaszadeh can be reached at 571-270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRELL S JOHNSON/Primary Examiner, Art Unit 2176
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