`“x
`‘\\f
`
`
`
`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
`
`03’2““ —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
`
`03/28/2018
`
`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.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`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 of 37 CFR1.136(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)IZI Responsive to communication(s) filed on 02/01/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l 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)|:| 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI C|aim(s) flis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) I] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`.
`4) I:I Other:
`.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180316
`
`is/are allowed.
`6 El Claim s)
`s L26 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)I:I C|aim(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
`
`
`
`
`hit
`:i/wwwusnto. ov/ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l 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:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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
`
`Page 2
`
`Art Unit: 2447
`
`DETAILED ACTION
`
`1.
`
`2.
`
`3.
`
`Applicant’s Amendment filed on February 1, 2018 has been reviewed.
`
`Claims 1-17 were cancelled in the previous amendment.
`
`Claims 18-26 have been examined.
`
`Continued Examination under 37 CFR 1. 1 14
`
`4.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has
`
`been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 1,
`
`2018 has been entered.
`
`5.
`
`Claim 20 is objected to because of the following informalities:
`
`Claim Objections
`
`In claim 20, at line 9, “the network” should be changed to “the network device”.
`
`6.
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`Claim Interpretation
`
`(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.
`
`

`

`Application/Control Number: 14/127,676
`
`Page 3
`
`Art Unit: 2447
`
`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.
`
`7.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would be
`
`understood by one of ordinary skill in the art. The broadest reasonable interpretation of a
`
`claim element (also commonly referred to as a claim limitation) is limited by the
`
`description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is invoked.
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph:
`
`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a substitute
`
`for “means” that is a generic placeholder (also called a nonce term or a non-
`
`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by functional
`
`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for”) or another linking word or phrase, such as “configured to” or “so
`
`that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by sufficient
`
`structure, material, or acts for performing the claimed function.
`
`

`

`Application/Control Number: 14/127,676
`
`Page 4
`
`Art Unit: 2447
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means” (or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
`
`application that do not use the word “means” (or “step”) are not being interpreted under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
`
`indicated in an Office action.
`
`8.
`
`This application includes one or more claim limitations that do not use the word
`
`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
`
`

`

`Application/Control Number: 14/127,676
`
`Page 5
`
`Art Unit: 2447
`
`that is coupled with functional language without reciting sufficient structure to perform the
`
`recited function and the generic placeholder is not preceded by a structural modifier.
`
`Such claim limitations are: a request message transmission unit for transmitting; a
`
`request message receiving unit for receiving, a control message transmission
`
`request holding unit for holding; a control message transmitting unit for
`
`transmitting; a packet transmission unit for transmitting, a control message
`
`receiving unit for, an application starting unit for starting, and a control message
`
`transmission requesting unit for transmitting in claim 18; a control message
`
`transmission requesting unit for transmitting, a control message receiving unit for
`
`receiving, and an application starting unit for starting in claim 20; a response
`
`message transmitting unit for transmitting in claim 21; an identification information
`
`adding unit for adding in claim 23; a request message receiving unit for receiving, a
`
`control message transmission request holding unit for holding, a control message
`
`transmitting unit for transmitting, and a packet transmission unit for transmitting in
`
`claim 24; and a message forwarding unit for forwarding in claim 25.
`
`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to
`
`cover the corresponding structure described in the specification as performing the
`
`claimed function, and equivalents thereof.
`
`lf applicant does not intend to have this/these limitation(s) interpreted under 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
`
`(1) amend the
`
`

`

`Application/Control Number: 14/127,676
`
`Page 6
`
`Art Unit: 2447
`
`claim |imitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
`
`claimed function); or (2) present a sufficient showing that the claim |imitation(s) recite(s)
`
`sufficient structure to perform the claimed function so as to avoid it/them being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`Claim Rejections - 35 USC § 1 12
`
`9.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`10.
`
`Claims 18-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant
`
`regards as the invention.
`
`Regarding claims 18, 20 and 24, the claim 18 recited “...the control message is
`
`further transmitted with a paging request message,” claim 20 recited
`
`. .receiving
`
`from the network device the control message
`
`and a paging request message," and
`
`claim 24 recited “...the control message is further transmitted with a paging request
`
`

`

`Application/Control Number: 14/127,676
`
`Page 7
`
`Art Unit: 2447
`
`message,” Based specification on paragraphs [0022] — [0025], it is not clear whether
`
`"the paging message" is transmitted with/andthe control message to the user terminal
`
`OR “the control message” is transmitted to the user terminal as “paging message”.
`
`Regarding claim 19, 21 -23 and 25-26, are likewise rejected.
`
`Claim limitations uses a generic placeholder “module, configured to” invoke 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written
`
`description fails to disclose the corresponding structure, material, or acts for performing
`
`the entire claimed function and to clearly link the structure, material, or acts to the
`
`function. The specification is devoid of adequate structure to perform the claimed
`
`functions.
`
`In particular, the specification in paragraphs [0028], [0031], [0034],
`
`[0036] and [0146] state the term “units” as used hereinafter can be implemented
`
`in hardware, software, or a combination thereof. The specification does not
`
`provide sufficient details such that one of ordinary skill in the art would
`
`understand which structures perform the claimed functions. Therefore, the claim
`
`is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second
`
`paragraph.
`
`Applicant may:
`
`(a)
`
`Amend the claim so that the claim limitation will no longer be interpreted as a
`
`limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
`
`

`

`Application/Control Number: 14/127,676
`
`Page 8
`
`Art Unit: 2447
`
`(b)
`
`Amend the written description of the specification such that it expressly recites
`
`what structure, material, or acts perform the entire claimed function, without
`
`introducing any new matter (35 U.S.C. 132(a)); or
`
`Amend the written description of the specification such that it clearly links the
`
`structure, material, or acts disclosed therein to the function recited in the claim,
`
`without introducing any new matter (35 U.S.C. 132(a)).
`
`lf applicant is of the opinion that the written description of the specification
`
`already implicitly or inherently discloses the corresponding structure, material, or acts
`
`and clearly links them to the function so that one of ordinary skill in the art would
`
`recognize what structure, material, or acts perform the claimed function, applicant
`
`should clarify the record by either:
`
`(a)
`
`Amending the written description of the specification such that it expressly
`
`recites the corresponding structure, material, or acts for performing the claimed
`
`function and clearly links or associates the structure, material, or acts to the
`
`claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
`
`Stating on the record what the corresponding structure, material, or acts, which
`
`are implicitly or inherently set forth in the written description of the specification,
`
`perform the claimed function. For more information, see 37 CFR 1.75(d) and
`
`MPEP §§ 608.01 (0) and 2181.
`
`11.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`IN GEN ERAL.—The specification shall contain a written description of the invention, and
`(a)
`of the manner and process of making and using it, in such full, clear, concise, and exact terms
`as to enable any person skilled in the art to which it pertains, or with which it is most nearly
`
`

`

`Application/Control Number: 14/127,676
`
`Page 9
`
`Art Unit: 2447
`
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make
`and use the same, and shall set forth the best mode contemplated by the inventor of carrying
`out his invention.
`
`12.
`
`Claims 18-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as failing to comply with the written description requirement. The claim(s)
`
`contains subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or
`
`for pre-AIA the inventor(s), at the time the application was filed, had possession of the
`
`claimed invention. As described above, the disclosure does not provide adequate
`
`structure to perform the claimed functions. The specification does not
`
`demonstrate that applicant has made an invention that achieves the claimed
`
`functions because the invention is not described with sufficient detail such that
`
`one of ordinary skill in the art can reasonably conclude that the inventor had
`
`possessions of the claimed invention.
`
`Claim Rejections - 35 USC § 103
`
`13.
`
`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
`
`

`

`Application/Control Number: 14/127,676
`
`Page 10
`
`Art Unit: 2447
`
`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.
`
`14.
`
`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 Satake et al. (US 2005/0070251 A1), hereinafter referred to as Satake.
`
`With respect to claim 18, Karmakar teaches A communication system (a
`
`network system 10, para. 0012; fig. 1) comprising:
`
`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
`
`

`

`Application/Control Number: 14/127,676
`
`Page 11
`
`Art Unit: 2447
`
`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 (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 notification give the user the
`
`option to start the application, para. 0019; also see para. 0020 and 0023-0024;
`
`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—I=equest
`
`
`
`the network device includes:
`
`a request message receiving unit for receiving the request
`
`message[[,]] from the predetermined communication devicerthe-reqkiest—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),
`
`

`

`Application/Control Number: 14/127,676
`
`Page 12
`
`Art Unit: 2447
`
`a control message transmission request holding unit for holding a
`
`control message transmission request when—reeeivingTreceived from the user
`
`terminal,—the—eentrel—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; a list of
`
`applications defining event identifications and corresponding event notifications are
`
`centrally maintained, para. 0031 ), wherein the control message transmission
`
`request reguests requesting—the network device to transmit the 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), and
`
`a control message transmitting unit for transmitting the-a_control
`
`message including the application identification information 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 device], para. 0012;
`
`the notification give the user the option to start the application, para. 0019; also see
`
`para. 0020 and 0023-0024; recognizing the format of an incoming message and extract
`
`

`

`Application/Control Number: 14/127,676
`
`Page 13
`
`Art Unit: 2447
`
`an identification of the application for which the message is destined (APP ID), para.
`
`0017),,ld
`
`a packet transmission unit for transmitting the reguest message to
`
`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, 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),
`
`wherein if in—ease—that—the control message transmission request
`
`from the user terminal is held in the control message transmission request
`
`holding unit[[,]] when reeeiving—the request message is received 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—iigenerated based on the request
`
`message and is transmitted to the user terminal by the control message
`
`transmitting unit (the notification be dispatched if the application is not running, iv) if
`
`

`

`Application/Control Number: 14/127,676
`
`Page 14
`
`Art Unit: 2447
`
`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 reguest message is buffered and transmitted to the user
`
`terminal after receiving a response to the control message from the user terminal
`
`indicating that the application is running 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, 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),a_nd
`
`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-
`
`0024L
`
`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 15
`
`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 transmittingm
`
`control message transmission reguest[[,]] to the network devicertheeentrel
`
`message—transmissisn—Fequest (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),—the—eentrel—message
`
`
`
`Karmakar does not explicitly teach
`
`wherein the control message transmission request indicates that the
`
`application is not running on the user terminal,
`
`the control message transmission request includes paging reguest
`
`information,
`
`wherein if the control message transmission reguest include a paging
`
`reguestI the control message is further transmitted with a paging reguest
`
`message,
`
`

`

`Application/Control Number: 14/127,676
`
`Page 16
`
`Art Unit: 2447
`
`wherein it the control message transmission reguest from the user terminal
`
`is not held in the control message transmission reguest holding unit when the
`
`reguest message is received from the predetermined communication deviceI the
`
`reguest message is transmitted to the user terminal by the packet transmission
`
`unit without buffering or further transmitting the control message or paging
`
`reguest message, and
`
`However, Satake teaches
`
`wherein the control message transmission request indicates that the
`
`application is not running on the user terminal (a service cancellation setting
`
`URL address, and parameters that are required when starting up an application.
`
`Note that instead of the service cancellation setting URL address, a service
`
`continuance setting URL or a service subscription setting URL may also be used,
`
`or else all of these included, para. 0161 ),_
`
`the control message transmission request includes paging reguest
`
`information (the SMS server 104 transmits a PUSH message over the paging channel
`
`and the transmitted PUSH message is received by the mobile telephone 102, para.
`
`0151 ; also see para. 0191):
`
`wherein it the control message transmission reguest include a
`
`paging reguestI the control message is further transmitted with a paging
`
`reguest message (the SMS server 104 transmits a PUSH message over the
`
`paging channel and the transmitted PUSH message is received by the mobile
`
`telephone 102, para. 0151; also see para. 0191);
`
`

`

`Application/Control Number: 14/127,676
`
`Page 17
`
`Art Unit: 2447
`
`wherein if the control message transmission reguest from the user
`
`terminal is not held in the control message transmission reguest holding
`
`unit when the reguest message is received from the predetermined
`
`communication deviceI the reguest message is transmitted to the user
`
`terminal by the packet transmission unit without buffering or further
`
`transmitting the control message or paging reguest message (if a user
`
`desires to terminate a stock price information service, then simply by selecting
`
`the URL of the cancellation setting shown in FIG. 17, a browser is started up, and
`
`once the predetermined settings are made the service can be cancelled, para.
`
`0164; if "startup" is selected, the corresponding application is run (8618).
`
`If
`
`"cancel" is selected, the selected application startup message is cancelled
`
`(8620), para. 0230) in order to prevent the resources of a mobile terminal, a
`
`network, or a server being consumed needlessly, and to achieve an efficient
`
`information providing service as taught by Satake (para. 0071), and
`
`Therefore, based on Karmakar in view of Satake, 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 Satake to the system of Karmakar in order to prevent the resources of a
`
`mobile terminal, a network, or a server being consumed needlessly, and to achieve an
`
`efficient information providing service as taught by Satake (para. 0071 ).
`
`With respect to claim 19, Karmakar in view of Satake teaches The
`
`communication system according to claim 18 as described above,
`
`

`

`Application/Control Number: 14/127,676
`
`Page 18
`
`Art Unit: 2447
`
`Furthermore, Satake 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 (if
`
`a user desires to terminate a stock price information service, then simply by selecting the
`
`URL of the cancellation setting shown in FIG. 17, a browser is started up, and once the
`
`predetermined settings are made the service can be cancelled, para. 0164; if "startup" is
`
`selected, the corresponding application is run (8618).
`
`If "cancel" is selected, the selected
`
`application startup message is cancelled (8620), para. 0230) in order to prevent the
`
`resources of a mobile terminal, a network, or a server being consumed needlessly, and to
`
`achieve an efficient information providing service as taught by Satake (para. 0071).
`
`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.
`
`0