Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This Office Action is responsive to the communication filed 5/8/2025.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 5/8/2025, 5/19/2025, 10/29/2025, 4/21/2026, and 8/22/2026 were filed after the mailing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
3. Claim 1 is objected to for the following minor informality:
Lines 22-23 of the claim should be amended to --so that the web server is only aware of the mobile device as the requesting device--.
Appropriate correction is required.
Double Patenting
4. 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.
5. Claims 1-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14, 16-18, 23-25, 28-29, 32-34, 36, 38, 40-45, 47-49, and 55-57 of U.S. Patent No. 12,375,582.
Instant Application 19/072,252
Patent No. US 12,375,582
Claims
1. A non-transitory computer readable medium comprising instructions which, when executed cause one or more hardware processors in a mobile device to at least:
execute a mobile operating system;
execute a web browser;
3. The non-transitory computer readable medium according to claim 2, wherein the instructions further cause the one or more processors to connect to the first server.
measure, using the mobile operating system, a utilization level of a resource in the mobile device;
determine whether the measured utilization level satisfies a criterion;
send, over the Internet, 2. to a first server, in response to the determining that the measured utilization level satisfies the criterion, a message that is indicative of, or responsive to, the measured utilization level;
receive, after the sending of the message, a first identifier that identifies, in the Internet, a first content, the first content is stored in a web server, and is publicly available from the web server for any requesting client device over the Internet;
send, to the web server over the Internet, in response to the receiving of the first identifier, a request for the first content that comprises the received first identifier and a source address of the mobile device, so that the web server only aware of the mobile device as the requesting device;
receive, from the web server over the Internet, the first content, in response to the sending of the request; and
send, over the Internet, the received first content, wherein the resource comprises, or is associated with, at least one processor of the one or more hardware processors, and
wherein the resource utilization comprises, is associated with, or is responsive to, a time of executing one or more threads or processes, an idling time, executing of an idle process, or any combination thereof.
4. The non-transitory computer readable medium according to claim 2, wherein the connecting comprises establishing a connection with the first server, and wherein the communication with the first server is over the established connection.
5. The non-transitory computer readable medium according to claim 4, wherein the established connection is a Transmission Control Protocol (TCP) connection that is established by performing 'Active OPEN' or 'Passive OPEN'.
6. The non-transitory computer readable medium according to claim 2, wherein the sending of the received first content comprises sending to the first server.
7. The non-transitory computer readable medium according to claim 2, wherein the receiving of the first identifier comprises receiving of the first identifier from the first server.
8. The non-transitory computer readable medium according to claim 1, wherein the mobile device comprises a smartphone.
9. The non-transitory computer readable medium according to claim 2, wherein the receiving of the first identifier comprises receiving of the first identifier from a second server that is distinct from the first server.
10. The non-transitory computer readable medium according to claim 9, wherein the sending of the received first content comprises sending of the first received content to the second server.
11. The non-transitory computer readable medium according to claim 1, wherein the message comprises the measured utilization level.
12. The non-transitory computer readable medium according to claim 1, wherein the receiving of the first identifier is in response to the sending of the message.
13. The non-transitory computer readable medium according to claim 1, wherein the measuring of the utilization level comprises periodically measuring of the utilization level.
14. The non-transitory computer readable medium according to claim 13, wherein the sending of the message comprises periodically sending of the message.
15. The non-transitory computer readable medium according to claim 14, wherein the sending of the message is performed every 10, 20, 30, 50, or 100 milliseconds, every 1, 2, 3, 5, or 10 seconds, or every 1, 2, 3, 5, or 10 minutes.
16. The non-transitory computer readable medium according to claim 1, wherein the measuring of the utilization level comprises continuously measuring of the utilization level.
17. The non-transitory computer readable medium according to claim 1,
wherein the criterion is satisfied when the measured utilization level is above a threshold level.
18. The non-transitory computer readable medium according to claim 1, wherein the criterion is satisfied when the measured utilization level is below a threshold level.
19. The non-transitory computer readable medium according to claim 1, wherein the sending of the message is in response to the measured utilization level crossing a threshold level.
20. The non-transitory computer readable medium according to claim 1, wherein the mobile device is configured to be in first and second states, and wherein the instructions further cause the one or more processors to: responsive to the determining that the utilization of the resource satisfies the criterion, shifting to, or staying in, the first state; and responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting to, or staying in, the second state.
21. The non-transitory computer readable medium according to
claim 20, wherein the sending of the message is in response to being in, or shifting to, the first state.
22. The non-transitory computer readable medium according to claim 1, wherein the resource further comprises, or consists of, a hardware component in the mobile device.
23. The non-transitory computer readable medium according to claim 22, wherein the hardware component comprises, or consists of, a memory, and wherein the resource utilization is based on, or comprises, an amount of used or unused location or space of the memory.
24. The non-transitory computer readable medium according to claim 1, wherein the resource further comprises, or consists of, input or output capability.
25. The non-transitory computer readable medium according to claim 24, wherein the resource comprises, or consists of, a communication bandwidth of communication with another device over the Internet.
26. The non-transitory computer readable medium according to claim 25, wherein the resource comprises, or consists of, communication bandwidth of communication with a first server over the Internet, or wherein the resource utilization is based on, or according to, IETF RFC 2914.
27. The non-transitory computer readable medium according to claim 1, wherein the communication of the mobile device over the Internet uses, or is according to, a Transmission Control Protocol over Internet Protocol (TCP/IP) protocol or connection.
28. The non-transitory computer readable medium according to claim 1, wherein the first content comprises a part or whole of a computer file, audio data, voice data, multimedia data, video data, or a computer program.
29. The non-transitory computer readable medium according to claim 1, wherein the first content comprises a part of, or a whole of, a web-page.
30. The non-transitory computer readable medium according to claim 1, wherein the mobile operating system consists or, comprises of, or uses, Microsoft Windows 7, Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, or Google Chrome OS.
31. The non-transitory computer readable medium according to claim 1, wherein the mobile operating system uses, comprise, or is based on, Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows@ Phone version 7, Microsoft Windowst Phone version 8, Microsoft Windows@ Phone version 9, or Blackberry@ operating system.
32. The non-transitory computer readable medium according to claim 1, wherein the mobile operating system consists of, comprise, or uses, one out of Android TV, Android Auto, or Android Wear.
33. The non-transitory computer readable medium according to claim 1, wherein the mobile operating system uses, comprise, or is based on, Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows@ Phone version 7, Microsoft Windows® Phone version 8, Microsoft Windows® Phone version 9, and Blackberry@ operating system.
34. The non-transitory computer readable medium according to claim 1, wherein the web browser consists of, comprises of, or uses, Microsoft Internet Explorer, Google Chrome, Opera or Mozilla Firefox.
35. The non-transitory computer readable medium according to claim 1, wherein the web browser consists of, comprises of, or uses, Safari, Opera MiniM, or Android web browser.
36. The non-transitory computer readable medium according to claim 1, wherein the first identifier comprises, or consists of, an IP address or a Uniform Resource Locator (URL).
37. The non-transitory computer readable medium according to claim 36, wherein the IP addresses is in IPv4 or IPv6 form.
38. The non-transitory computer readable medium according to claim 1, wherein the web server uses HyperText Transfer Protocol (HTTP) and responds to HTTP requests via the Internet, or wherein the web server uses HyperText Transfer Protocol Secure (HTTPS) and responds to HTTPS requests via the Internet.
39. The non-transitory computer readable medium according to claim 38, wherein the sending of the first identifier to the web server comprises sending of a HTTP or HTTPS request.
40. The non-transitory computer readable medium according to claim 1, wherein the instructions further cause the one or more processors to periodically send, over the Internet, an 'heartbeat' message that comprises a status of the mobile device, or is in response to the status of the mobile device.
41. The non-transitory computer readable medium according to claim 40, wherein the status is based on the measured utilization level.
42. The non-transitory computer readable medium according to claim 40, wherein a time period between sent multiple 'heartbeat' messages is at least 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, minutes 5, or 10 minutes.
43. The non-transitory computer readable medium according to claim 1, wherein the instructions further cause the one or more processors to send, over the Internet, a physical geographical location.
44. The non-transitory computer readable medium according to claim 43, wherein the physical geographical location corresponds to the actual physical geographical location of the mobile device.
45. The non-transitory computer readable medium according to claim 43, wherein the physical geographical location comprises a country, a state or province, a city, a street, a ZIP code, a longitude, a latitude, or any combination thereof.
Claims
1. A method for use by a client device that utilizes a resource and that comprises, or consists of, a portable or mobile device, for use with a criterion associated with a utilization level of the resource, and for use with a first content that is identified in the Internet by a first identifier, that is publicly-accessed, that is stored in a web server, and that is available from the web server for any requesting client device over the Internet, the method comprising: connecting, by the client device to a first server over the Internet; measuring, by the client device, a utilization level of the resource that comprises a processor or a Central Processing Unit (CPU); determining, whether the measured utilization level satisfies the criterion;
sending, by the client device to the first server over the Internet, in response to the determining that the measured utilization level satisfies the criterion, a message that is indicative of the measured utilization level;
receiving, by the client device from a requesting device over the Internet, the first identifier, after the sending of the message;
sending, by the client device to the web server over the Internet, in response to the receiving of the first identifier, a request for the first content that comprises the received first identifier and the source address of the client device, so that the web server is only aware of the client device as the requesting device;
receiving, by the client device from the web server over the Internet, the first content in response to the sending of the request; and
sending, by the client device to the requesting device over the Internet, the received first content, wherein the resource utilization comprises the processor or the Central Processing Unit (CPU) time of executing one or more threads or processes, wherein the resource utilization comprises the processor or CPU idling time, or wherein the resource utilization comprises the processor or CPU executing a system idle process, and
wherein the criterion is satisfied when the measured utilization level is above or below the threshold level.
24. The method according to claim 1, wherein the connecting comprises establishing a connection with the first server, and wherein the communication with the first server is over the established connection.
25. The method according to claim 24, wherein the established connection is a Transmission Control Protocol (TCP) connection that is established by performing ‘Active OPEN’ or ‘Passive OPEN’.
4. The method according to claim 3, wherein the sending of the received first content comprises sending of the received first content to the first server.
3. The method according to claim 1, wherein the receiving of the first identifier comprises receiving of the first identifier from the first server.
41. The method according to claim 1, wherein the mobile device comprises a smartphone.
5. The method according to claim 1, wherein the receiving of the first identifier comprises receiving of the first identifier from a second server that is distinct from the first server.
6. The method according to claim 5, wherein the sending of the received first content comprises sending of the first received content to the second server.
2. The method according to claim 1, wherein the message comprises the measured utilization level.
7. The method according to claim 1, wherein the receiving of the first identifier is in response to the sending of the message.
8. The method according to claim 1, wherein the measuring of the utilization level comprises periodically measuring of the utilization level.
9. The method according to claim 8, wherein the sending of the message comprises periodically sending of the message.
10. The method according to claim 9, wherein the sending of the message is performed every 10, 20, 30, 50, or 100 milliseconds, every 1, 2, 3, 5, or 10 seconds, or every 1, 2, 3, 5, or 10 minutes.
11. The method according to claim 1, wherein the measuring of the utilization level comprises continuously measuring of the utilization level.
1 (cont). wherein the criterion is satisfied when the measured utilization level is above or below the threshold level.
1 (cont). wherein the criterion is satisfied when the measured utilization level is above or below the threshold level.
12. The method according to claim 1, for use with a threshold level, wherein the sending of the message is in response to the measured utilization level crossing the threshold level.
13. The method according to claim 1, wherein the client device is configured to be in first and second states, the method further comprising: responsive to the determining that the utilization of the resource satisfies the criterion, shifting to, or staying in, the first state; and responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting to, or staying in, the second state.
14. The method according to claim 13, wherein the sending of the message is in response to being in, or shifting to, the first state.
16. The method according to claim 1, wherein the resource further comprises, or consists of, a hardware component in the client device.
17. The method according to claim 16, wherein the hardware component comprises, or consists of, a memory in the client device, and wherein the resource utilization is based on, or comprises, an amount of used or unused location or space of the memory.
18. The method according to claim 1, wherein the resource comprises, or consists of, input or output capability.
19. The method according to claim 18, wherein the resource comprises, or consists of,
communication bandwidth of communication with another device over the Internet.
20. The method according to claim 19, wherein the resource comprises, or consists of,
communication bandwidth of communication with the first server over the Internet, or wherein the resource utilization is based on, or according to, IETF RFC 2914.
23. The method according to claim 1, wherein the communication between the client device with the first server is based on, or is according to, Transmission Control Protocol over Internet Protocol (TCP/IP) protocol or connection.
28. The method according to claim 1, wherein the first content comprises a part or whole of a computer files, text data, audio data, voice data, multimedia data, video data, or a computer program.
29. The method according to claim 1, wherein the first content comprises a part of, or a whole of, a web-site page.
32. The method according to claim 31, wherein the client operating system consists or, comprises of, or is based on, one out of Microsoft Windows 7, Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, and Google Chrome OS.
33. The method according to claim 31, wherein the client operating system consists of, comprise, or is based on, one out of Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows® Phone version 7, Microsoft Windows® Phone version 8, Microsoft Windows® Phone version 9, and Blackberry® operating system.
34. The method according to claim 31, wherein the client operating system consists of, comprise, or is based on, one out of Android TV, Android Auto, or Android Wear.
36. The method according to claim 35, wherein the mobile operating system is one out of Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows® Phone version 7, Microsoft Windows® Phone version 8, Microsoft Windows® Phone version 9, and Blackberry® operating system.
38. The method according to claim 37, wherein the web browser consists of, comprises of, or based on, Microsoft Internet Explorer, Google Chrome, Opera™, or Mozilla Firefox®.
40. The method according to claim 39, wherein the mobile web browser consists of, comprises of, or based on, Safari, Opera Mini™, or Android web browser.
42. The method according to claim 1, wherein the first identifier comprises, or consists of, is an IP address or a Uniform Resource Locator (URL).
43. The method according to claim 42, wherein the IP addresses is in IPv4 or IPv6 form.
44. The method according to claim 1, wherein the web server uses HyperText Transfer Protocol (HTTP) and responds to HTTP requests via the Internet, or wherein the web server uses HyperText Transfer Protocol Secure (HTTPS) and responds to HTTPS requests via the Internet.
45. The method according to claim 44, wherein the sending of the first identifier to the web server comprises sending of a HTTP or HTTPS request.
47. The method according to claim 1, further comprising periodically sending, by the client device to the first server, an ‘heartbeat’ message that comprises a status of the client device, or is in response to the status of the client device.
48. The method according to claim 47, wherein the status is based on the measured utilization level.
49. The method according to claim 47, wherein the time period between sent multiple ‘heartbeat’ messages is at least 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, minutes 5, or 10 minutes.
55. The method according to claim 1, further comprising sending, by the client device to the first server, a physical geographical location.
56. The method according to claim 55, wherein the physical geographical location corresponds to the actual physical geographical location of the client device.
57. The method according to claim 55, wherein the physical geographical location comprises a continent, a country, a state or province, a city, a street, a ZIP code, a longitude, a latitude, or any combination thereof.
Claim Rejections – 35 USC 103
6. 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.
7. Claims 1-45 are rejected under 35 USC 103 as being unpatentable over Binder et al (US 2012/0166582) in view of Timus et al (US 2006/0140115).
Regarding claim 1, Binder et al teaches a non-transitory computer readable medium (par [0254], lines 1-3) comprising instructions which, when executed cause one or more hardware processors in a mobile device (par [0254], lines 8-10) to at least:
execute a mobile operating system (par [0251], lines 21-23);
execute a web browser (par [0227], lines 45-50);
receive, after the sending of the message, a first identifier that identifies, in the Internet, a first content (par [0059], lines 20-22, “receiving and identifying a message slice”), the first content is stored in a web server (par [0068], lines 4-5), and is publicly available from the web server for any requesting client device over the Internet (par [0235], lines 1-5);
send, to the web server over the Internet, in response to the receiving of the first identifier, a request for the first content that comprises the received first identifier and a source address of the mobile device (par [0219], lines 1-10 & par [0227], lines 6-8, “source computer sends a request for a slicing scheme”), so that the web server only aware of the mobile device as the requesting device (par [0023], lines 1-5, “anonymous communication over the Internet”);
receive, from the web server over the Internet, the first content, in response to the sending of the request (par [0219], lines 5-10 & par [0227], lines 6-8, “replies with a selected slicing scheme to be used”); and
send, over the Internet, the received first content (par [0074]),
wherein the resource comprises, or is associated with, at least one processor of the one or more hardware processors (fig. 3a-4).
Binder et al does not explicitly teach measuring, using the mobile operating system, a utilization level of a resource in the mobile device; determining whether the measured utilization level satisfies a criterion; sending, over the Internet, in response to the determining that the measured utilization level satisfies the criterion, a message that is indicative of, or responsive to, the measured utilization level; and wherein the resource utilization comprises, is associated with, or is responsive to, a time of executing one or more threads or processes, an idling time, executing of an idle process, or any combination thereof.
However, Timus et al teaches measuring, using the mobile operating system, a utilization level of a resource in the mobile device (par [0032], lines 1-10 & par [0077], lines 1-3, which disclose determining resource utilization information corresponding to mobile user equipment);
determining whether the measured utilization level satisfies a criterion (par [0027], “comparing the resource utilization measure of the current class with an associated threshold”);
sending, over the Internet, in response to the determining that the measured utilization level satisfies the criterion, a message that is indicative of, or responsive to, the measured utilization level (par [0070], lines 10-15, “updated measurement reports”); and
wherein the resource utilization comprises, is associated with, or is responsive to, a time of executing one or more threads or processes, an idling time, executing of an idle process, or any combination thereof (par [0024], lines 5-15, “resource allocation procedures having a characteristic execution time”).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al in order to provide the predictive result of providing balanced resourced utilization in a wireless communication network by dividing resource measures into separate classes (as disclosed in fig. 1-2 of Timus) because this feature would allow for effective identification of resource utilization levels based on grouped and assigned labels.
Regarding claim 2, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the sending of the message comprises sending of the message to a first server (fig. 3a-4).
Regarding claim 3, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the instructions further cause the one or more processors to connect to the first server (fig. 3a-4).
Regarding claim 4, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the connecting comprises establishing a connection with the first server, and wherein the communication with the first server is over the established connection (fig. 3a-4).
Regarding claim 5, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the established connection is a Transmission Control Protocol (TCP) connection that is established by performing 'Active OPEN' or 'Passive OPEN' (par [0239], lines 1-5).
Regarding claim 6, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the sending of the received first content comprises sending to the first server (fig. 3a-4).
Regarding claim 7, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the receiving of the first identifier comprises receiving of the first identifier from the first server (fig. 3a-4).
Regarding claim 8, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the mobile device comprises a smartphone (par [0052], lines 9-10).
Regarding claim 9, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the receiving of the first identifier comprises receiving of the first identifier from a second server that is distinct from the first server (fig. 3a-4).
Regarding claim 10, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the sending of the received first content comprises sending of the first received content to the second server (fig. 3a-4).
Regarding claim 11, Binder et al does not explicitly teach wherein the message comprises the measured utilization level.
However, Timus et al teaches wherein the message comprises the measured utilization level (par [0096], lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 12, Binder et al and Timus et al teach the limitations of claim 1.
Timus et al further teaches wherein the receiving of the first identifier is in response to the sending of the message (par [0201], lines 15-20).
Regarding claim 13, Binder et al does not explicitly teach wherein the measuring of the utilization level comprises periodically measuring of the utilization level.
However, Timus et al teaches wherein the measuring of the utilization level comprises periodically measuring of the utilization level (par [0004], lines 16-17).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 14, Binder et al does not explicitly teach wherein the sending of the message comprises periodically sending of the message.
However, Timus et al teaches wherein the sending of the message comprises periodically sending of the message (par [0070], lines 18-20).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 15, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the sending of the message is performed every 10, 20, 30, 50, or 100 milliseconds, every 1, 2, 3, 5, or 10 seconds, or every 1, 2, 3, 5, or 10 minutes (par [0217], lines 17-19).
Regarding claim 16, Binder et al does not explicitly teach wherein the measuring of the utilization level comprises continuously measuring of the utilization level.
However, Timus et al teaches wherein the measuring of the utilization level comprises continuously measuring of the utilization level (par [0004], lines 16-17).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 17, Binder et al does not explicitly teach wherein the criterion is satisfied when the measured utilization level is above a threshold level.
However, Timus et al teaches wherein the criterion is satisfied when the measured utilization level is above a threshold level (par [0027]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 18, Binder et al does not explicitly teach wherein the criterion is satisfied when the measured utilization level is below a threshold level.
However, Timus et al teaches wherein the criterion is satisfied when the measured utilization level is below a threshold level (par [0075]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 19, Binder et al does not explicitly teach wherein the sending of the message is in response to the measured utilization level crossing a threshold level.
However, Timus et al teaches wherein the sending of the message is in response to the measured utilization level crossing a threshold level (par [0108], lines 1-10).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 20, Binder et al does not explicitly teach wherein the mobile device is configured to be in first and second states, and wherein the instructions further cause the one or more processors to: responsive to the determining that the utilization of the resource satisfies the criterion, shifting to, or staying in, the first state; and responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting to, or staying in, the second state.
However, Timus et al teaches wherein the mobile device is configured to be in first and second states (par [0017], lines 1-5, “transition from state A to B”), and wherein the instructions further cause the one or more processors to:
responsive to the determining that the utilization of the resource satisfies the criterion, shifting to, or staying in, the first state (par [0016], lines 1-5); and
responsive to the determining that the utilization of the resource does not satisfy the criterion, shifting to, or staying in, the second state (par [0016], lines 5-10).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 21, Binder et al does not explicitly teach wherein the sending of the message is in response to being in, or shifting to, the first state.
However, Timus et al teaches wherein the sending of the message is in response to being in, or shifting to, the first state (par [0016-0017]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 22, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the resource further comprises, or consists of, a hardware component in the mobile device (par [0227], lines 9-11).
Regarding claim 23, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the hardware component comprises, or consists of, a memory (par [0067], lines 1-3), and wherein the resource utilization is based on, or comprises, an amount of used or unused location or space of the memory (par [0098], lines 11-12).
Regarding claim 24, Binder et al does not explicitly teach wherein the resource further comprises, or consists of, input or output capability.
However, Timus et al teaches wherein the resource further comprises, or consists of, input or output capability (par [0080], lines 5-12).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 25, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the resource comprises, or consists of, a communication bandwidth of communication with another device over the Internet (par [0055], lines 1-5).
Regarding claim 26, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the resource comprises, or consists of, communication bandwidth of communication with a first server over the Internet (par [0013], lines 18-20), or wherein the resource utilization is based on, or according to, IETF RFC 2914.
Regarding claim 27, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the communication of the mobile device over the Internet uses, or is according to, a Transmission Control Protocol over Internet Protocol (TCP/IP) protocol or connection (par [0346], lines 6-7).
Regarding claim 28, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the first content comprises a part or whole of a computer file, audio data, voice data, multimedia data, video data (par [0071]), or a computer program.
Regarding claim 29, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the first content comprises a part of, or a whole of, a web-page (par [0339], lines 25-26).
Regarding claim 30, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the mobile operating system consists or, comprises of, or uses, Microsoft Windows 7 (par [0251], lines 30-31), Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, or Google Chrome OS.
Regarding claim 31, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the mobile operating system uses, comprise, or is based on, Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows@ Phone version 7, Microsoft Windowst Phone version 8, Microsoft Windows@ Phone version 9, or Blackberry@ operating system (par [0340], lines 36-37).
Regarding claim 32, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the mobile operating system consists of, comprise, or uses, one out of Android TV (par [0020], lines 1-5), Android Auto, or Android Wear.
Regarding claim 33, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the mobile operating system uses, comprise, or is based on, Android version 2.2 (Froyo), Android version 2.3 (Gingerbread), Android version 4.0 (Ice Cream Sandwich), Android Version 4.2 (Jelly Bean), Android version 4.4 (KitKat), Apple iOS version 3, Apple iOS version 4, Apple iOS version 5, Apple iOS version 6, Apple iOS version 7, Microsoft Windows@ Phone version 7, Microsoft Windows® Phone version 8, Microsoft Windows® Phone version 9, and Blackberry@ operating system (par [0340], lines 36-37).
Regarding claim 34, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the web browser consists of, comprises of, or uses, Microsoft Internet Explorer (par [0228], lines 10-20), Google Chrome, Opera, or Mozilla Firefox.
Regarding claim 35, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the web browser (par [0228], lines 10-20) consists of, comprises of, or uses, Safari, Opera MiniM, or Android web browser.
Regarding claim 36, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the first identifier comprises, or consists of, an IP address or a Uniform Resource Locator (URL) (par [0025], lines 9-10).
Regarding claim 37, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the IP addresses is in IPv4 or IPv6 form (par [0004], lines 10-11).
Regarding claim 38, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the web server uses HyperText Transfer Protocol (HTTP) and responds to HTTP requests via the Internet, or wherein the web server uses HyperText Transfer Protocol Secure (HTTPS) and responds to HTTPS requests via the Internet (par [0346], lines 4-15).
Regarding claim 39, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the sending of the first identifier to the web server comprises sending of a HTTP or HTTPS request (par [0346], lines 4-15).
Regarding claim 40, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the instructions further cause the one or more processors to periodically send, over the Internet, an 'heartbeat' message that comprises a status of the mobile device, or is in response to the status of the mobile device (par [0217], lines 10-20).
Regarding claim 41, Binder et al does not explicitly teach wherein the status is based on the measured utilization level.
However, Timus et al teaches wherein the status is based on the measured utilization level (par [0026], lines 1-10).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 42, Binder et al does not explicitly teach wherein a time period between sent multiple 'heartbeat' messages is at least 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds, 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, minutes 5, or 10 minutes.
However, Timus et al teaches wherein a time period between sent multiple 'heartbeat' messages is at least 10 milliseconds, 20 milliseconds, 30 milliseconds, 50 milliseconds, 100 milliseconds (par [0025], lines 7-10), 1 second, 2 seconds, 3 seconds, 5 seconds, 10 seconds, 20 seconds, 30 seconds, 50 seconds, or 100 seconds, 1 minute, 2 minutes, 3 minutes, minutes 5, or 10 minutes.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Janes with the teachings of Binder et al according to the motivation disclosed regarding claim 1.
Regarding claim 43, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the instructions further cause the one or more processors to send, over the Internet, a physical geographical location (par [0065]).
Regarding claim 44, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the physical geographical location corresponds to the actual physical geographical location of the mobile device (par [0065]).
Regarding claim 45, Binder et al and Timus et al teach the limitations of claim 1.
Binder et al further teaches wherein the physical geographical location comprises a country (par [0181], lines 1-15), a state or province, a city, a street, a ZIP code, a longitude, a latitude, or any combination thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy A. Scott whose telephone number is (571) 272-3797. The examiner can normally be reached on Monday-Thursday 7:30 am-5:00 pm, second Fridays 7:30 am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Luu Pham can be reached on (571) 270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RANDY A SCOTT/Primary Examiner, Art Unit 2439 20260903
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