Telenav, Inc.Download PDFPatent Trials and Appeals BoardMar 3, 20212019006630 (P.T.A.B. Mar. 3, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/202,320 07/05/2016 Ming Guo 59-221 7383 111332 7590 03/03/2021 Perspectives Law Group, Corp. 3150 De La Cruz Blvd. Suite 206 Santa Clara, CA 95054 EXAMINER NDIAYE, CHEIKH T ART UNIT PAPER NUMBER 2447 NOTIFICATION DATE DELIVERY MODE 03/03/2021 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): efs@perspectiveslaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MING GUO Appeal 2019-006630 Application 15/202,320 Technology Center 2400 Before CARL W. WHITEHEAD JR., JAMES B. ARPIN, and MICHAEL J. ENGLE, Administrative Patent Judges. ENGLE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1–20, all of the pending claims. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies Telenav, Inc. as the real party-in-interest. Appeal Br. 3. Appeal 2019-006630 Application 15/202,320 2 TECHNOLOGY The claims relate to selecting a channel for communication. Claim 1 is representative and is reproduced below with certain limitations emphasized: 1. A method of operation of a computing system comprising: receiving an application message for communicating with a device of a sender with a messaging application installed; determining a channel availability based on a mapping table including a timestamp; selecting a channel based on the channel availability for the channel with the time stamp of least recently used; and generating a non-application message based on converting the application message dynamically and in real time with a control unit for communicating via the channel with the device of a recipient without the messaging application installed. REJECTION The Examiner rejects claims 1–20 under 35 U.S.C. § 102(a)(1) as anticipated by Xu (US 2008/0123587 A1; May 29, 2008). Final Act. 2. ANALYSIS Claim 1 recites “selecting a channel based on the channel availability for the channel with the time stamp of least recently used.” Appellant argues that “Xu discloses only channel selector module 207 determining most appropriate communication channel available according to usage patterns, business scenarios and/or configuration settings with no mention of selecting communication channel based on channel with oldest timestamp.” Appeal Br. 11–12. Appellant further argues that Xu discloses that the likelihood of selecting a channel is increased if that channel is used Appeal 2019-006630 Application 15/202,320 3 more frequently or more recently than other channels, which is “opposite” from the claimed limitation. Reply Br. 5; Xu ¶ 30. The Examiner determines that “the limitation ‘a channel with a timestamp of least recently used’ can be interpreted as a channel that has been used in a less recently time because the channel timestamp is updated after selection of the channel.” Ans. 7. However, “less” recently still fails to disclose “least” recently. The Examiner has not sufficiently shown how Xu discloses “least recently used,” as recited in claim 1 and every other independent claim. Accordingly, we do not sustain the rejection of claims 1–20. OUTCOME The following table summarizes the outcome of each rejection: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–20 102 Xu 1–20 REVERSED Copy with citationCopy as parenthetical citation