APPLE INC./BSTZ I EXAMINER 1279 OAKMEAD PARKWAY
UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTIVIENT OF COMIVIERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS PO. Box 1450 Alexandria1 Virginia 22313- 1450 wwwnsptogov
APPLICATION NO.
FILING DATE
13/656,184
45217
10/19/2012
7590
FIRST NAMED INVENTOR
I ATTORNEY DOCKET NO.
Gordon J. Freedman
CONFIRMATION NO.
04860.P14526
3827
07/22/2014
APPLE INC./BSTZ
I
EXAMINER
BLAKELY SOKOLOPF TAYLOR & ZAFMAN LLP
SHIH, HAOSHIAN
1279 OAKMEAD PARKWAY SUNNYVALE, CA 94085-4040
I
ARTUNIT
I
PAPER NUMBER
I
DELIVERY MODE
2173
I
MAIL DATE
07/22/2014
PAPER
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.
PTOL—90A (Rev. 04/07)
Office Action Summary
Application No. 13/656,184
Applicant(s) FREEDMAN, GORDON J.
Examiner
Art Unit
AIA (First Inventor to File)
HAOSHIAN SHIH
2173
fig“
-- 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). In no event, however, may a reply be timely filed 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).
Status 1)IZI Responsive to communication(s) filed on W.
El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _. 2a)|:l This action is FINAL.
2b)|ZI This action is non-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 Claim(s) 1-21 is/are pending in the application. 5a) Of the above claim(s) is/are withdrawn from consideration.
6)I:I Claim(s) is/are allowed. 7)|Z| Claim(s) flis/are rejected. 8)|:I Claim(s) is/are objected to. 9)I:I Claim(s)
are subject to restriction and/or election requirement.
* 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
hitszilwww.usctoeovmatents/init events/nnhfindexjsr) or send an inquiry to PPI-ifeedback{®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. all
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)
1) E Notice of References Cited (PTO-892) .
3) D Interview Summary (PTO-413)
.
Paper No(s)/Mai| Date.
2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mai| Date 20121019. US. Patent and Trademark Office PTOL—326 (Rev. 11-13)
Office Action Summary
.
4) D other: —'
Part of Paper No./Mai| Date 20140709
Application/Control Number: 13/656,184
Page 2
Art Unit: 2173 1.
The present application is being examined under the pre-AIA first to invent
provisions.
DETAILED ACTION
2.
Claims 1- 21 are pending in this application and have been examined in
response to application filed on 10/19/2012.
Claim Rejections - 35 USC § 103 3.
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be
the same under either status. 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.
Application/Control Number: 13/656,184
Page 3
Art Unit: 2173
5.
Claims 1-4, 11-14 and 21 are rejected under pre-AlA 35 U.S.C. 103(a) as being
unpatentable by Applicant Admitted Prior Art (AAPA) in view of Parks et al. (Parks, US 8,224,894 B1).
6.
As to INDEPENDENT claim 1, AAPA in view of Parks disclose a machine
readable non-transitory storage medium storing executable program instructions which, when executed by a data processing system, cause the data processing system to perform a method comprising: saving a user interface state of a first application on a first device, the user interface state being saved in response to an event and including
the state of a set of user interface elements (AAPA, [0003]; the user interface state is preserved); storing on the first device, the saved user interface state in a set of one or more data structures (AAPA, [0003]; the user interface state is saved on the user device); transmitting the set of one or more data structures through a network interface, on the first device, for delivery to a second device that has a second application, the second application being configured to recreate at least part of the user interface state in the second application on the second device (col.1, l.40-55; the user interface from
the first device is transferred and recreated to the second device) wherein the transmitting is part of a synchronization process in which user content, in addition to the set of one or more data structures, is synchronized, through a network based backup storage service, between the first device and the second device (Parks, col.4, l.5-31; the
devices are synchronized over a network server).
Application/Control Number: 13/656,184
Page 4
Art Unit: 2173
It would have been obvious to one of ordinary skill in the art, having the teaching of AAPA and Parks before him at the time the invention was made, to modify the user interface preservation service taught by AAPA to include the application context sharing service taught by Parks with the motivation being to allow the user to access the same
application or content across different platforms (Parks, col.1, l.20-36).
7.
As to claim 2, AAPA in view of Parks disclose wherein the second application
has some user interface elements that are the same as corresponding user interface
elements in the first application but has other user interface elements that are different than user interface elements in the first application (Parks, col.10, l.4-10; some of the
application states is shared between two distinct applications).
8.
As to claim 3, AAPA in view of Parks disclose wherein the event causes the
savings and wherein the event is one of (a) terminating the first application in response
to an operating system (08) request on the first device, the OS request being caused by a low available memory state of the first device; or (b) being terminated by the 08 as a result of the first device having a low available memory state; or (c) moving the first application to a background state from a front most application state (AAPA, [0003]; the application is moved to a background state).
Application/Control Number: 13/656,184
Page 5
Art Unit: 2173 9.
As to claim 4, AAPA in view of Parks disclose wherein the first device and the
second device have different form factors (Parks, col.1, |.20-36; different devices such as a tablet and a laptop are disclosed) but each is configured to run a version of the same operating system (Parks, fig.2, "210").
10.
As to INDEPENDENT claim 11, see rationale addressed in the rejection of claim
1 above.
11.
As to claim 12, see rationale addressed in the rejection of claim 2 above.
12.
As to claim 13, see rationale addressed in the rejection of claim 3 above.
13.
As to claim 14, see rationale addressed in the rejection of claim 4 above.
14.
As to INDEPENDENT claim 21, see rationale addressed in the rejection of claim
1 above.
Allowable Subject Matter 15.
Claims 5-10 and 15-20 are objected to as being dependent upon a rejected base
claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Application/Control Number: 13/656,184
Page 6
Art Unit: 2173
Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOSHIAN SHIH whose telephone number is (571 )2701257. The examiner can normally be reached on m-f 0730-1700. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on (571) 272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
/HAOSHIAN SHIH/ Primary Examiner, Art Unit 2173
APPLICATION NO.
FILING DATE
13/656,184
45217
10/19/2012
7590
FIRST NAMED INVENTOR
I ATTORNEY DOCKET NO.
Gordon J. Freedman
CONFIRMATION NO.
04860.P14526
3827
07/22/2014
APPLE INC./BSTZ
I
EXAMINER
BLAKELY SOKOLOPF TAYLOR & ZAFMAN LLP
SHIH, HAOSHIAN
1279 OAKMEAD PARKWAY SUNNYVALE, CA 94085-4040
I
ARTUNIT
I
PAPER NUMBER
I
DELIVERY MODE
2173
I
MAIL DATE
07/22/2014
PAPER
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.
PTOL—90A (Rev. 04/07)
Office Action Summary
Application No. 13/656,184
Applicant(s) FREEDMAN, GORDON J.
Examiner
Art Unit
AIA (First Inventor to File)
HAOSHIAN SHIH
2173
fig“
-- 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). In no event, however, may a reply be timely filed 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).
Status 1)IZI Responsive to communication(s) filed on W.
El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on _. 2a)|:l This action is FINAL.
2b)|ZI This action is non-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 Claim(s) 1-21 is/are pending in the application. 5a) Of the above claim(s) is/are withdrawn from consideration.
6)I:I Claim(s) is/are allowed. 7)|Z| Claim(s) flis/are rejected. 8)|:I Claim(s) is/are objected to. 9)I:I Claim(s)
are subject to restriction and/or election requirement.
* 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
hitszilwww.usctoeovmatents/init events/nnhfindexjsr) or send an inquiry to PPI-ifeedback{®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. all
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)
1) E Notice of References Cited (PTO-892) .
3) D Interview Summary (PTO-413)
.
Paper No(s)/Mai| Date.
2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mai| Date 20121019. US. Patent and Trademark Office PTOL—326 (Rev. 11-13)
Office Action Summary
.
4) D other: —'
Part of Paper No./Mai| Date 20140709
Application/Control Number: 13/656,184
Page 2
Art Unit: 2173 1.
The present application is being examined under the pre-AIA first to invent
provisions.
DETAILED ACTION
2.
Claims 1- 21 are pending in this application and have been examined in
response to application filed on 10/19/2012.
Claim Rejections - 35 USC § 103 3.
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be
the same under either status. 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.
Application/Control Number: 13/656,184
Page 3
Art Unit: 2173
5.
Claims 1-4, 11-14 and 21 are rejected under pre-AlA 35 U.S.C. 103(a) as being
unpatentable by Applicant Admitted Prior Art (AAPA) in view of Parks et al. (Parks, US 8,224,894 B1).
6.
As to INDEPENDENT claim 1, AAPA in view of Parks disclose a machine
readable non-transitory storage medium storing executable program instructions which, when executed by a data processing system, cause the data processing system to perform a method comprising: saving a user interface state of a first application on a first device, the user interface state being saved in response to an event and including
the state of a set of user interface elements (AAPA, [0003]; the user interface state is preserved); storing on the first device, the saved user interface state in a set of one or more data structures (AAPA, [0003]; the user interface state is saved on the user device); transmitting the set of one or more data structures through a network interface, on the first device, for delivery to a second device that has a second application, the second application being configured to recreate at least part of the user interface state in the second application on the second device (col.1, l.40-55; the user interface from
the first device is transferred and recreated to the second device) wherein the transmitting is part of a synchronization process in which user content, in addition to the set of one or more data structures, is synchronized, through a network based backup storage service, between the first device and the second device (Parks, col.4, l.5-31; the
devices are synchronized over a network server).
Application/Control Number: 13/656,184
Page 4
Art Unit: 2173
It would have been obvious to one of ordinary skill in the art, having the teaching of AAPA and Parks before him at the time the invention was made, to modify the user interface preservation service taught by AAPA to include the application context sharing service taught by Parks with the motivation being to allow the user to access the same
application or content across different platforms (Parks, col.1, l.20-36).
7.
As to claim 2, AAPA in view of Parks disclose wherein the second application
has some user interface elements that are the same as corresponding user interface
elements in the first application but has other user interface elements that are different than user interface elements in the first application (Parks, col.10, l.4-10; some of the
application states is shared between two distinct applications).
8.
As to claim 3, AAPA in view of Parks disclose wherein the event causes the
savings and wherein the event is one of (a) terminating the first application in response
to an operating system (08) request on the first device, the OS request being caused by a low available memory state of the first device; or (b) being terminated by the 08 as a result of the first device having a low available memory state; or (c) moving the first application to a background state from a front most application state (AAPA, [0003]; the application is moved to a background state).
Application/Control Number: 13/656,184
Page 5
Art Unit: 2173 9.
As to claim 4, AAPA in view of Parks disclose wherein the first device and the
second device have different form factors (Parks, col.1, |.20-36; different devices such as a tablet and a laptop are disclosed) but each is configured to run a version of the same operating system (Parks, fig.2, "210").
10.
As to INDEPENDENT claim 11, see rationale addressed in the rejection of claim
1 above.
11.
As to claim 12, see rationale addressed in the rejection of claim 2 above.
12.
As to claim 13, see rationale addressed in the rejection of claim 3 above.
13.
As to claim 14, see rationale addressed in the rejection of claim 4 above.
14.
As to INDEPENDENT claim 21, see rationale addressed in the rejection of claim
1 above.
Allowable Subject Matter 15.
Claims 5-10 and 15-20 are objected to as being dependent upon a rejected base
claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Application/Control Number: 13/656,184
Page 6
Art Unit: 2173
Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOSHIAN SHIH whose telephone number is (571 )2701257. The examiner can normally be reached on m-f 0730-1700. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on (571) 272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
/HAOSHIAN SHIH/ Primary Examiner, Art Unit 2173
