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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/127,676
`
`12/19/2013
`
`Keigo Aso
`
`NIHE—51887
`
`3576
`
`10’0“)” —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`NGUYEN, HA0 HONG
`S UITE 1 200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`2447
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/02/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/127,676 ASO ET AL.
`
`Office Action Summary
`Examiner
`Art Unit
`AIA (First Inventorto File)
`
`
`StatusNo HAO NGUYEN 2447
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions 0137 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 07/21/2017.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170919
`
`Disposition of Claims*
`5)|XI Claim(s) L26is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L26 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`

`

`Application/Control Number: 14/127,676
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`Page 2
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`Art Unit: 2447
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`DETAILED ACTION
`
`1.
`
`2.
`
`3.
`
`Applicant’s Amendment filed on July 21, 2017 has been reviewed.
`
`Claims 1-17 were cancelled in the previous amendment.
`
`Claims 18-26 have been examined.
`
`35 USC § 112
`
`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.
`
`Claim limitations of claim 20 “a control message receiving unit for receiving, from
`
`the network device. . ., a control message. . and an application starting unit for starting an
`
`application...”; and claim limitations of claim 24 “a request message receiving unit for
`
`receiving, . . ., the request message,,,; a request message transmission request holding
`
`unit for holding a control message. . A control message transmitting unit for transmitting
`
`the control message...” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph, because they use a generic placeholder “unit for” coupled
`
`with functional language “...receiving..., the request message; ...holding a control
`
`message...;
`
`transmitting the control message...;
`
`receiving the control
`
`message...;
`
`starting and application...; and ....transmitting,..., the control
`
`

`

`Application/Control Number: 14/127,676
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`Page 3
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`Art Unit: 2447
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`message transmission request,...” without reciting sufficient structure to achieve the
`
`function. Furthermore, the generic placeholder is not preceded by a structural modifier,
`
`such as “message transmission unit”, “control message transmitting unit
`
`“control
`
`message receiving unit”, and “application starting unit”.
`
`Since the claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
`
`sixth paragraph, claims 20 and 24 have been interpreted to cover the corresponding
`
`structure described in the specification that achieves the claimed function, and
`
`equivalents thereof.
`
`A review of the specification shows that the following appears to be the
`
`corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph limitation: paragraphs. [0070] - [0074].
`
`If applicant wishes to provide further explanation or dispute the examiner’s
`
`interpretation of the corresponding structure, applicant must identify the corresponding
`
`structure with reference to the specification by page and line number, and to the drawing,
`
`if any, by reference characters in response to this Office action.
`
`If applicant does not intend to have the claim limitations treated under 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim so that
`
`it will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or
`
`present a sufficient showing that the claim recites sufficient structure, material, or acts for
`
`performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph.
`
`

`

`Application/Control Number: 14/127,676
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`Page 4
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`Art Unit: 2447
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`For more information, see MPEP § 2173 et seq. and Supplementary Examination
`
`Guidelines for Determining Compliance With 35 U. S. C. 112 and for Treatment of Related
`
`Issues in PatentApp/ications, 76 FR 7162, 7167 (Feb. 9, 2011).
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for
`
`all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived 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 pre-AIA 35 U.S.C. 103(a) 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.
`
`5.
`
`Claim 18—26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Karmakar et al. (US 2007/0055770 A1), hereinafter referred to as Karmakar, in view
`
`of Ma et al. (US 2006/0155851 A1), hereinafter referred to as Ma.
`
`With respect to claim 18, Karmakar teaches A communication system (a
`
`network system 10, para. 0012; fig. 1) comprising:
`
`

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`Application/Control Number: 14/127,676
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`Page 5
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`Art Unit: 2447
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`a user terminal (mobile communication devices 11A, 11B, 11C, para.
`
`0012; fig. 1),
`
`a network device including a network entity that is an element of a
`
`network (a wireless network 13 coupled to an application gateway 15 [a network
`
`device], para. 0012; fig. 1), and
`
`a predetermined communication device as a communication partner
`
`of the user terminal (mobile communication devices 11A, 11B, 11C for
`
`interacting with one or more backend data sources 21, 23, 25 [predetermined
`
`communication device] such as a schema based service such as web services or
`
`database that provides enterprise services used by an application via a wireless
`
`network 13 coupled to an application gateway 15, para. 0012; fig. 1),
`
`wherein
`
`the predetermined communication device includes:
`
`a request message transmission unit for transmitting, to the network
`
`device, a request message including application identification information
`
`for identifying an application on the user terminal (recognizing the format of
`
`an incoming message and extract an identification of the application for which the
`
`message is destined (APP ID), para. 0017), the request message requesting
`
`the network device to transmit a control message to the user terminal (the
`
`application gateway 15 handles request/response messages initiated by the
`
`applications on the devices, as well as subscription notifications pushed to the
`
`devices 11 from the data sources 21, 23, 25 [predetermined communication
`
`

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`Application/Control Number: 14/127,676
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`Page 6
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`Art Unit: 2447
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`device], para. 0012; the notification give the user the option to start the
`
`application, para. 0019; also see para. 0020 and 0023-0024),
`
`the network device includes:
`
`a request message receiving unit for receiving, from the
`
`predetermined communication device, the request message (the application
`
`gateway 15 handles request/response messages initiated by the applications on
`
`the devices, as well as subscription notifications pushed to the devices 11 from
`
`the data sources 21, 23, 25 [predetermined communication device], para. 0012),
`
`a control message transmission request holding unit for holding a
`
`control message transmission request when receiving, from the user
`
`terminal, the control message transmission request (Applications 35a, 35b
`
`and 35c (which will be referred to hereinafter as applications 35) register with the
`
`control center 41 as listening for a particular event or a plurality of events, para.
`
`0018;; a list of applications defining event identifications and corresponding event
`
`notifications are centrally maintained, para. 0031 ), the control message
`
`transmission request requesting the network device to transmit the control
`
`message to the user terminal (Applications 35a, 35b and 35c (which will be
`
`referred to hereinafter as applications 35) register with the control center 41 as
`
`listening for a particular event or a plurality of events, para. 0018;; a list of
`
`applications defining event identifications and corresponding event notifications
`
`are centrally maintained, para. 0031; the notification give the user the option to
`
`start the application, para. 0019; also see para. 0020 and 0023-0024), and
`
`

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`Application/Control Number: 14/127,676
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`Page 7
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`Art Unit: 2447
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`a control message transmitting unit for transmitting the control
`
`message including the application identification information to the user
`
`terminal in case that the control message transmission request is held in
`
`the control message transmission request holding unit, when receiving the
`
`request message from the predetermined communication device
`
`(recognizing the format of an incoming message and extract an identification of
`
`the application for which the message is destined (APP ID), para. 0017; the
`
`notification be dispatched if the application is not running, iv) if dispatched when
`
`the application is not running, should the notification give the user the option to
`
`start the application [control message], para. 0019; also see para. 0020 and
`
`0023-0024), the control message being generated based on the request
`
`message (the notification be dispatched if the application is not running, iv) if
`
`dispatched when the application is not running, should the notification give the
`
`user the option to start the application [control message], para. 0019; also see
`
`para. 0020 and 0023-0024), and
`
`the user terminal includes:
`
`a control message receiving unit for receiving the control message
`
`from the network device (the notification be dispatched if the application is not
`
`running, iv) if dispatched when the application is not running, should the
`
`notification give the user the option to start the application, para. 0019; also see
`
`para. 0020 and 0023-0024),
`
`

`

`Application/Control Number: 14/127,676
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`Page 8
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`Art Unit: 2447
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`an application starting unit for starting an application identified by
`
`the application identification information in the control message when the
`
`control message is received at the control message receiving unit
`
`(recognizing the format of an incoming message and extract an identification of
`
`the application for which the message is destined (APP ID), para. 0017; the
`
`notification be dispatched if the application is not running, iv) if dispatched when
`
`the application is not running, should the notification give the user the option to
`
`start the application, para. 0019; also see para. 0020 and 0023-0024; if the user
`
`chooses to start the application, the action is received by the control center 41 of
`
`the application container that dispatched the notification, para. 0027), and
`
`a control message transmission requesting unit for transmitting, to
`
`the network device, the control message transmission request (Applications
`
`35a, 35b and 350 (which will be referred to hereinafter as applications 35)
`
`register with the control center 41 as listening for a particular event or a plurality
`
`of events, para. 0018),
`
`Karmakar does not explicitly teach the control message transmission request
`
`indicating that the application is not running on the user terminal.
`
`However, Ma teaches the control message transmission request indicating
`
`that the application is not running on the user terminal (an exit component that can
`
`be selected by a user to cancel a video stream session (if applicable), unregister with the
`
`SIP server, and quit the application, para. 0036) in order to significantly reduces the cost
`
`for central service providers as taught by Ma (para. 0019).
`
`

`

`Application/Control Number: 14/127,676
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`Page 9
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`Art Unit: 2447
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`Therefore, based on Karmakar in view of Ma, it would have been obvious to one
`
`having ordinary skill in the art at the time the invention was made to utilize the teaching of
`
`Ma to the system of Karmakar in order to significantly reduces the cost for central service
`
`providers as taught by Ma (para. 0019).
`
`With respect to claim 19, Karmakar in view of Ma teaches The communication
`
`system according to claim 18 as described above,
`
`Furthermore, Ma teaches wherein the control message transmission
`
`requesting unit of the user terminal transmits the control message transmission
`
`request to the network device when quitting the application on the user terminal
`
`(an exit component that can be selected by a user to cancel a video stream session (if
`
`applicable), unregister with the SIP server, and quit the application, para. 0036) in order
`
`to significantly reduces the cost for central service providers as taught by Ma (para.
`
`0019).
`
`With respect to claim 20, Karmakar teaches A user terminal for performing
`
`communication with a predetermined communication device through a network
`
`(mobile communication devices 11A, 11B, 11C for interacting with one or more backend
`
`data sources 21, 23, 25 [predetermined communication device] such as a schema
`
`based service such as web services or database that provides enterprise services used
`
`by an application via a wireless network 13 coupled to an application gateway 15, para.
`
`0012; fig. 1), comprising:
`
`

`

`Application/Control Number: 14/127,676
`
`Page 10
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`Art Unit: 2447
`
`a control message receiving unit for receiving, from a network device
`
`including a network entity that is an element of the network (the application
`
`gateway 15 [network device] handles request/response messages initiated by the
`
`applications on the devices, as well as subscription notifications pushed to the devices
`
`11 from the data sources 21, 23, 25 [predetermined communication device], para.
`
`0012), a control message including application identification information for
`
`identifying an application on the user terminal (recognizing the format of an
`
`incoming message and extract an identification of the application for which the message
`
`is destined (APP ID), para. 0017; the notification be dispatched if the application is not
`
`running, iv) if dispatched when the application is not running, should the notification give
`
`the user the option to start the application [control message], para. 0019; also see para.
`
`0020 and 0023-0024), the control message being generated based on a request
`
`message (the notification be dispatched if the application is not running, iv) if
`
`dispatched when the application is not running, should the notification give the user the
`
`option to start the application [control message], para. 0019; also see para. 0020 and
`
`0023-0024), and the request message being transmitted from the predetermined
`
`communication device and including the application identification information
`
`(recognizing the format of an incoming message and extract an identification of the
`
`application for which the message is destined (APP ID), para. 0017);
`
`an application starting unit for starting an application identified by the
`
`application identification information in the control message when the control
`
`message is received at the control message receiving unit (recognizing the format
`
`

`

`Application/Control Number: 14/127,676
`
`Page 11
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`Art Unit: 2447
`
`of an incoming message and extract an identification of the application for which the
`
`message is destined (APP ID), para. 0017; the notification be dispatched if the
`
`application is not running, iv) if dispatched when the application is not running, should
`
`the notification give the user the option to start the application, para. 0019; also see
`
`para. 0020 and 0023-0024; if the user chooses to start the application, the action is
`
`received by the control center 41 of the application container that dispatched the
`
`notification, para. 0027); and
`
`a control message transmission requesting unit for transmitting, to the
`
`network device, a control message transmission request that requests the
`
`network device to transmit the control message to the user terminal (Applications
`
`35a, 35b and 35c (which will be referred to hereinafter as applications 35) register with
`
`the control center 41 as listening for a particular event or a plurality of events, para.
`
`0018; recognizing the format of an incoming message and extract an identification of
`
`the application for which the message is destined (APP ID), para. 0017; the notification
`
`be dispatched if the application is not running, iv) if dispatched when the application is
`
`not running, should the notification give the user the option to start the application, para.
`
`0019; also see para. 0020 and 0023-0024; if the user chooses to start the application,
`
`the action is received by the control center 41 of the application container that
`
`dispatched the notification, para. 0027),
`
`Karmakar does not explicitly teach the control message transmission request
`
`indicating that the application is not running on the user terminal.
`
`

`

`Application/Control Number: 14/127,676
`
`Page 12
`
`Art Unit: 2447
`
`However, Ma teaches the control message transmission request indicating
`
`that the application is not running on the user terminal (an exit component that can
`
`be selected by a user to cancel a video stream session (if applicable), unregister with the
`
`SIP server, and quit the application, para. 0036) in order to significantly reduces the cost
`
`for central service providers as taught by Ma (para. 0019).
`
`Therefore, based on Karmakar in view of Ma, it would have been obvious to one
`
`having ordinary skill in the art at the time the invention was made to utilize the teaching of
`
`Ma to the user terminal of Karmakar in order to significantly reduces the cost for central
`
`service providers as taught by Ma (para. 0019).
`
`With respect to claim 21, Karmakar teaches The user terminal according to
`
`claim 20, further comprising a response message transmitting unit for
`
`transmitting a response message indicative of the start of the application to the
`
`network device when the application starting unit starts the application (the
`
`notification be dispatched if the application is not running, iv) if dispatched when the
`
`application is not running, should the notification give the user the option to start the
`
`application, para. 0019; also see para. 0020 and 0023-0024; if the user chooses to start
`
`the application, the action is received by the control center 41 of the application
`
`container that dispatched the notification, para. 0027).
`
`With respect to claim 22, Karmakar in view of Ma teaches The user terminal
`
`according to claim 20 as described above,
`
`

`

`Application/Control Number: 14/127,676
`
`Page 13
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`Art Unit: 2447
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`Furthermore, Ma teaches wherein the control message transmission
`
`requesting unit transmits the control message transmission request to the network
`
`device when quitting the application on the user terminal (an exit component that
`
`can be selected by a user to cancel a video stream session (if applicable), unregister with
`
`the SIP server, and quit the application, para. 0036) in order to significantly reduces the
`
`cost for central service providers as taught by Ma (para. 0019).
`
`With respect to claim 23, Karmakar teaches The user terminal according to
`
`claim 20, further comprising an identification information adding unit for adding,
`
`to the control message transmission request, the application identification
`
`information for identifying the application on the user terminal (whenever there is a
`
`registered listener for an incoming event, the event processor module 39 provides the
`
`event identification and the application identification to a control center 41, para. 0017).
`
`With respect to claim 24, Karmakar teaches A network device including a
`
`network entity that is an element of a network through which a user terminal and
`
`a predetermined communication device communicate with each other (mobile
`
`communication devices 11A, 11B, 11C for interacting with one or more backend data
`
`sources 21, 23, 25 [predetermined communication device] such as a schema based
`
`service such as web services or database that provides enterprise services used by an
`
`application via a wireless network 13 coupled to an application gateway 15 [network
`
`device], para. 0012; fig. 1), comprising:
`
`

`

`Application/Control Number: 14/127,676
`
`Page 14
`
`Art Unit: 2447
`
`a request message receiving unit for receiving, from the predetermined
`
`communication device, the request message (the application gateway 15 handles
`
`request/response messages initiated by the applications on the devices, as well as
`
`subscription notifications pushed to the devices 11 from the data sources 21, 23, 25
`
`[predetermined communication device], para. 0012), the request message including
`
`application identification information for identifying an application on the user
`
`terminal (Applications 35a, 35b and 350 (which will be referred to hereinafter as
`
`applications 35) register with the control center 41 as listening for a particular event or a
`
`plurality of events, para. 0018;; a list of applications defining event identifications and
`
`corresponding event notifications are centrally maintained, para. 0031 ; the notification
`
`give the user the option to start the application, para. 0019; also see para. 0020 and
`
`0023-0024), the request message requesting the network device to transmit a
`
`control message to the user terminal (Applications 35a, 35b and 350 (which will be
`
`referred to hereinafter as applications 35) register with the control center 41 as listening
`
`for a particular event or a plurality of events, para. 0018;; a list of applications defining
`
`event identifications and corresponding event notifications are centrally maintained,
`
`para. 0031; the notification give the user the option to start the application, para. 0019;
`
`also see para. 0020 and 0023-0024),
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`a control message transmission request holding unit for holding a control
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`message transmission request when receiving, from the user terminal, the
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`control message transmission request (Applications 35a, 35b and 350 (which will be
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`referred to hereinafter as applications 35) register with the control center 41 as listening
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`for a particular event or a plurality of events, para. 0018;; a list of applications defining
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`event identifications and corresponding event notifications are centrally maintained,
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`para. 0031), the control message transmission request requesting the network
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`device to transmit the control message to the user terminal (Applications 35a, 35b
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`and 35c (which will be referred to hereinafter as applications 35) register with the control
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`center 41 as listening for a particular event or a plurality of events, para. 0018;; a list of
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`applications defining event identifications and corresponding event notifications are
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`centrally maintained, para. 0031 ; the notification give the user the option to start the
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`application, para. 0019; also see para. 0020 and 0023-0024), and
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`a control message transmitting unit for transmitting the control message
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`including the application identification information to the user terminal in case
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`that the control message transmission request is held in the control message
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`transmission request holding unit, when receiving the request message from the
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`predetermined communication device (recognizing the format of an incoming
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`message and extract an identification of the application for which the message is
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`destined (APP ID), para. 0017; the notification be dispatched if the application is not
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`running, iv) if dispatched when the application is not running, should the notification give
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`the user the option to start the application [control message], para. 0019; also see para.
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`0020 and 0023-0024), the control message being generated based on the request
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`message (the notification be dispatched if the application is not running, iv) if
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`dispatched when the application is not running, should the notification give the user the
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`Art Unit: 2447
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`option to start the application [control message], para. 0019; also see para. 0020 and
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`0023-0024), and
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`Karmakar does not explicitly teach the control message transmission request
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`indicating that the application is not running on the user terminal.
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`However, Ma teaches the control message transmission request indicating
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`that the application is not running on the user terminal (an exit component that can
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`be selected by a user to cancel a video stream session (if applicable), unregister with the
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`SIP server, and quit the application, para. 0036) in order to significantly reduces the cost
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`for central service providers as taught by Ma (para. 0019).
`
`Therefore, based on Karmakar in view of Ma, it would have been obvious to one
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`having ordinary skill in the art at the time the invention was made to utilize the teaching of
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`Ma to the network device of Karmakar in order to significantly reduces the cost for central
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`service providers as taught by Ma (para. 0019).
`
`With respect to claim 25, Karmakar teaches The network device according to
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`claim 24, further comprising a message forwarding unit for forwarding, to the
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`user terminal, a data packet related to the application when receiving, from the
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`user terminal, a response message indicating that the application has been
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`started on the user terminal based on reception of the control message
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`(recognizing the format of an incoming message and extract an identification of the
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`application for which the message is destined (APP ID), para. 0017; the notification be
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`dispatched if the application is not running, iv) if dispatched when the application is not
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`running, should the notification give the user the option to start the application, para.
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`0019; also see para. 0020 and 0023-0024; if the user chooses to start the application,
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`the action is received by the control center 41 of the application container that
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`dispatched the notification, para. 0027).
`
`With respect to claim 26, Karmakar in view of Ma teaches The network device
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`according to claim 24 as described above,
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`Furthermore, Ma teaches wherein the control message transmission request
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`is transmitted from the user terminal to the network device when quitting the
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`application on the user terminal (an exit component that can be selected by a user to
`
`cancel a video stream session (if applicable), unregister with the SIP server, and quit the
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`application, para. 0036) in order to significantly reduces the cost for central service
`
`providers as taught by Ma (para. 0019).
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`Response to Arguments
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`6.
`
`Applicant's arguments filed on July 21, 2017 have been fully considered but they
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`are not persuasive for the following reasons:
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`Applicant’s main arguments are that “Karmakar and Ma, alone and in
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`combination, fail to teach, suggest or othen/vise render obvious that the network device
`
`and user terminal include the claimed structure corresponding to the "control message
`
`transmission request" and the "control message " itself.” (Argument 1,
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`REMARKS/ARGUMENTS: page 7); and “Ma does not describe a message that is sent
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`to a network device indicating that the application is not running, from which a control
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`message can be sent back to the user terminal because that would defeat the purpose
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`of Ma” (Argument 2, REMARKS/ARGUMENTS: page 8).
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`Examiner respectfully disagrees with the above arguments.
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`In response to Applicant’s Argument 1 that “Karmakar and Ma, alone and in
`
`combination, fail to teach, suggest or othen/vise render obvious that the network device
`
`and user terminal include the claimed structure corresponding to the "control message
`
`transmission request" and the "control message " itself.” it is noted that Karmakar
`
`teaches the ap