US 10277728

Here's a concise summary of US patent 10277728:

US Patent: 10277728

• Title: Method and system for communication
• Assignee: Messageloud Inc
• Inventors: Garin Toren
• Filing Date: August 24, 2018
• Issue Date: April 30, 2019
• Abstract: The patent provides a computer-implemented method and system for delivering text messages, emails, and messages from messenger applications to a user who is engaged in an activity like driving, exercising, or working. The system announces and reads these messages aloud without requiring user input. In "Drive Mode," a simplified interface is displayed, and the user can hear messages aloud and control the phone using gestures without looking at the screen. Upon detecting a new message, the system audibly informs the user, and if no further action is taken, the message's body and/or subject is read aloud. All incoming messages are placed in a single queue and read in the order they are received.

Plain-Language Overview of Independent Claims:

• Independent Claim 1 (Method Claim): This claim describes a computer-implemented method where a device, without any user input, detects the arrival of a new text message, email, or messenger application message while the user is busy. The user is then audibly informed about the sender. The method then proceeds in one of two ways: either it allows the user time to stop the message from being read aloud, and if no action is taken, the message is read aloud; or it allows the user time to command the message to be read aloud, and if the command is received, the message is read aloud.
• Independent Claim 15 (Mobile Phone Claim): This claim describes a mobile phone configured with programs to perform a method. The phone automatically detects the arrival of a text message, email, or messenger application message while the user is engaged in an activity. It analyzes the message content without user input and audibly informs the user of the sender's identity. The system provides a window for the user to affirmatively stop the message from being read aloud, and if no such action is received, the body of the message is read aloud to the user. (Note: The claim skips from step 'd)' to 'f)' as presented in the patent document).
• Independent Claim 16 (System Claim): This claim outlines a system that includes a processor, memory, and touch screen, designed to deliver messages (text, email, or messenger app messages) to a busy user. The system runs an application that automatically detects new messages. It analyzes the content of these messages and audibly informs the user of the sender's identity. The system then gives the user time to take an action to stop the message from being read aloud; if no such action is taken, the message is automatically read aloud.
• Independent Claim 18 (System with Modules Claim): This claim details a system with a processor, memory, and touch screen for delivering messages (text, email, or messenger app messages) to a busy user. The system includes a queue notification module that places all these message types into a single queue based on receipt time. An analyzer module processes the message content without user input. A text-to-speech module then informs the user by voice of the sender's identity and, if no affirmative action to stop is received, reads the message body aloud.
• Independent Claim 20 (Non-Transitory Computer Readable Storage Medium Claim): This claim covers a non-transitory computer-readable storage medium containing instructions. When an electronic device with a processor and memory executes these instructions, it performs a method similar to Claim 1. The device automatically determines when a text, email, or messenger message arrives while the user is active, analyzes its content, and audibly informs the user of the sender. It then provides an option for the user to stop the message from being read aloud, or to command it to be read aloud, and proceeds accordingly.

CAFC 2026 Dockets:
No specific CAFC 2026 dockets referencing patent US10277728 were found in the provided search results.

Litigation Involving US Patent 10277728

US Patent 10277728, titled "Method and system for communication," is currently involved in several litigation proceedings, including inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) and district court cases.

Known litigation includes:

• PTAB Case IPR2025-01428

  • Plaintiff(s): Not explicitly stated in the provided text, but Unified Patents is often a petitioner in IPRs (Unified Patents is listed as the source for this PTAB data).
  • Defendant(s): Not explicitly stated in the provided text, but the patent owner, Messageloud Inc., would be the defendant.
  • Jurisdiction: Patent Trial and Appeal Board (PTAB)
  • Case Number: IPR2025-01428
  • Filing Date: Not explicitly stated, but the case is IPR2025-01428, suggesting a filing in 2025.
  • Outcome or Current Status: Procedural Termination.

• US District Court Case (Texas Western District Court)

  • Plaintiff(s): Not explicitly stated.
  • Defendant(s): Not explicitly stated.
  • Jurisdiction: Texas Western District Court
  • Case Number: 6:25-cv-00185
  • Filing Date: Not explicitly stated, but the case number 6:25-cv-00185 suggests a filing in 2025.
  • Outcome or Current Status: Litigation is ongoing.

• US District Court Case (Texas Eastern District Court)

  • Plaintiff(s): Not explicitly stated.
  • Defendant(s): Not explicitly stated.
  • Jurisdiction: Texas Eastern District Court
  • Case Number: 2:25-cv-00486
  • Filing Date: Not explicitly stated, but the case number 2:25-cv-00486 suggests a filing in 2025.
  • Outcome or Current Status: Litigation is ongoing.

• First Worldwide Family Litigation

  • Plaintiff(s): Not explicitly stated.
  • Defendant(s): Not explicitly stated.
  • Jurisdiction: Global (specifically, the Darts-ip source covers global patent litigation).
  • Case Number: Not explicitly provided in the patent text, but a link to Darts-ip with family=58162385 is provided.
  • Filing Date: Not explicitly stated.
  • Outcome or Current Status: Litigation is ongoing.

Proceedings overview

There is one AIA trial proceeding on file for US Patent 10277728. The proceeding, IPR2025-01428, was terminated. This means the patent's claims remain untested by PTAB review.

IPR2025-01428 — [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Messageloud Inc.

• Type: Inter Partes Review
• Filed: 2025-08-29
• Status: Terminated (Procedural Termination)
• Judge panel: Not publicly available yet.
• Petition grounds: Not publicly available yet.
• Institution decision: Not publicly available yet.
• Final Written Decision (if issued): Not applicable. The proceeding was terminated before a Final Written Decision was issued.
• Settlement / termination: The proceeding was terminated on 2026-04-15 due to a "Procedural Termination." The specific terms of termination are not publicly available, but procedural terminations often indicate a settlement or other agreement between the parties that led to the petition being withdrawn or dismissed.
• Appeal: Not applicable. No Final Written Decision was issued.
• Defensive value: This proceeding does not impact the patentability of the claims of US10277728 as it was terminated before a decision on the merits. All claims of the patent remain untested by this IPR.

Strategic summary

All claims of US Patent 10277728 remain untested by AIA trial proceedings. IPR2025-01428 was terminated before institution, meaning there has been no substantive review of the patent's claims by the PTAB.

Since the IPR was terminated prior to institution, there are no estoppel implications under 35 U.S.C. § 315(e)(2) for Apple Inc. (the petitioner) or its privies related to this specific IPR. This means that Apple, or any party in privity with them, would not be barred from bringing the same or new prior art grounds against the patent in future proceedings. All prior art grounds remain available for a defendant facing assertion of this patent today.

The termination of the IPR before institution, rather than a denial of institution or a final written decision, means there is no public record of the PTAB's initial assessment of the petition's merits. This provides no clear signal regarding the strength or weakness of the patent's claims.

Recommended next steps

As the IPR was terminated procedurally and no institution decision was rendered, there are no trial-stage milestones pending. The absence of a substantive PTAB decision means that the patent's claims are still valid and have not been challenged in an AIA trial proceeding to date.

Inventors

• Garin Toren. Employer at time of filing: Messageloud Inc.

Original assignee

The original assignee, as named on the issued patent and confirmed by the assignment chain, is Messageloud Inc. Messageloud Inc. develops and markets the "messageLOUD" application, a product embodying the patent's claims by reading texts and emails aloud for users engaged in activities like driving, exercising, or working. Their primary line of business is mobile application development for hands-free message delivery. Messageloud Inc. is currently operating.

Assignment timeline

• 2019-01-03 (executed) / recorded 2019-01-03 — Reel 049580/0410

  • Conveyance: ASSIGNMENT
  • Assignor: TOREN, GARIN
  • Assignee: MESSAGELOUD, LLC
  • Correspondent: ROBERT E. HARVEY, ESQ.; LAW OFFICE OF ROBERT E. HARVEY P.C.; 310 WEST 56TH STREET; APT 7E; NEW YORK, NY 10019. This correspondent recurs in this chain.
  • Context: Internal transfer of inventor's interest to a related LLC.

• 2019-02-28 (executed) / recorded 2019-02-28 — Reel 049877/0056

  • Conveyance: ASSIGNMENT
  • Assignor: MESSAGELOUD, LLC
  • Assignee: MESSAGELOUD INC.
  • Correspondent: ROBERT E. HARVEY; LAW OFFICE OF ROBERT E. HARVEY P.C.; 310 WEST 56TH STREET; APT 7E; NEW YORK, NY 10019. This correspondent recurs in this chain.
  • Context: Internal reorganization/transfer between related corporate entities.

Timeline diagram

timeline
    title Ownership of US 10277728
    2018 : Application filed by Messageloud Inc
    2019 : Inventor assigned to MessageLOUD LLC
         : MessageLOUD LLC assigned to Messageloud Inc
         : Patent granted
    2025 : Litigation filed

NPE / troll-pattern signals

1. Shell-entity transfer — Not present. The transfers occurred between the inventor and closely related corporate entities (Messageloud LLC and Messageloud Inc.), with the ultimate assignee, Messageloud Inc., appearing to be an operating company with a product embodying the patent.

2. Known asserter in the chain — Not present. Neither MESSAGELOUD, LLC nor MESSAGELOUD INC. are recognized on common public NPE lists.

3. Repeat correspondent across the chain — Present. ROBERT E. HARVEY, ESQ. of LAW OFFICE OF ROBERT E. HARVEY P.C. is listed as the correspondent for both assignments recorded in reel 049580/0410 (2019-01-03) and reel 049877/0056 (2019-02-28).

4. Cascading transfers — Present. There were two assignments within a short period (less than two months) in 2019, from Garin Toren to MESSAGELOUD, LLC (executed/recorded 2019-01-03, Reel 049580/0410) and then from MESSAGELOUD, LLC to MESSAGELOUD INC. (executed/recorded 2019-02-28, Reel 049877/0056).

5. Pre-litigation transfer — Not present. The last assignment was recorded on 2019-02-28, while the earliest noted litigation events on Google Patents are from 2025, indicating a gap of several years.

6. Bankruptcy fire-sale — Not present. There is no indication of bankruptcy proceedings for Messageloud Inc. or its related entities.

7. Privateering — Unclear. No information is available to suggest that Messageloud Inc. is asserting this patent on behalf of another operating company.

8. Defensive aggregator (anti-NPE) — Not present. The current assignee is Messageloud Inc., not a known defensive aggregator.

Verdict

Operating-company assertion. While there are signals of repeat correspondent and cascading transfers (Reel 049580/0410, 2019-01-03; Reel 049877/0056, 2019-02-28), these appear to be internal corporate restructuring activities by Messageloud Inc., an operating company that develops and sells a product embodying the patented technology. The patent is currently owned and asserted by this operating company. [cite: Reel 049580/0410, Reel 049877/0056]

Verification: USPTO Assignment Center for US10277728

To identify the most relevant prior art for US patent 10277728, I have analyzed the patent document itself and searched for the cited prior art. The patent US10277728 explicitly discusses several prior art references in its "BACKGROUND SECTION OF THE INVENTION" and "Definitions" sections.

The following prior art documents are discussed within US10277728:

1. US 2013/0275899 A1
2. US 8,364,183 B1
3. US 8,526,973 B1
4. US 8,359,014 B1

Below is the detailed analysis for each of these references:

1. US Patent Application Publication 2013/0275899 A1

• Full Citation: US 2013/0275899 A1, "Limited-Distraction User Interface", published October 24, 2013.

• Publication Date: October 24, 2013.

• Filing Date: April 17, 2012.

• Brief Description: This patent application proposes a limited-distraction user interface that displays fewer selectable user interface objects than a non-limited user interface when a device is determined to be operating in a limited-distraction context. It can then switch to a non-limited user interface when the device is not in such a context. The description in US10277728 notes that this prior art "relies on substantial input from the user even in the limited-distraction context, making it difficult for a user to use a mobile phone in such context."

• Potential Anticipation (35 U.S.C. § 102):
  US 2013/0275899 A1 potentially anticipates claims in US10277728 related to adapting a user interface based on a user's activity or context. However, US10277728 distinguishes itself by emphasizing the "without any input by a user" aspect for determining message arrival and informing the user, and specifically by automatically "reading aloud" the message body if no affirmative action is taken to stop it, or only reading aloud if an affirmative action is taken to command it. This is a key difference from the "substantial input" required by US 2013/0275899 A1.
  Specifically, US10277728, Claim 1, features:

  • "determining without any input by a user that a text message, an email, or a message from a messenger application, has arrived while the user is engaged in an activity;"
  • "informing the user without any input by the user that the text message, the email, or the message from the messenger application has arrived from a sender;"
  • "proceeding with a step selected from the group consisting of (i) and (ii): i) allowing the user time to take an affirmative action to stop reading aloud to the user a body... and in accordance with not receiving an input... reading aloud the body...; ii) allowing the user time to take an affirmative action to command reading a body... and in accordance with receiving an input... reading aloud the body..."
    The emphasis on minimal or no user input for initial notification and the specific "read aloud" mechanisms (opt-out or opt-in with a short delay) differentiates US10277728 from the "substantial input" requirement of US 2013/0275899, thus it may not directly anticipate the "without any input" or the specific hands-free "reading aloud" and interaction model of claim 1.

2. US Patent 8,364,183 B1

• Full Citation: US 8,364,183 B1, "Cell phone with busykey capability", issued January 29, 2013.

• Publication Date: January 29, 2013 (Issue Date).

• Filing Date: October 21, 2011.

• Brief Description: This patent describes a cell phone modified with software that responds to the press of one or more "Busykeys." This functionality includes automatically sending a pre-typed text message to the sender of the latest text message or automatically answering an incoming call and playing a pre-recorded audio message. US10277728 highlights that this patent "do[es] not allow a person to respond to a text or a call other than by sending a pre-typed text message and still require substantial input from the user since the user has to choose and press on a Busykey button."

• Potential Anticipation (35 U.S.C. § 102):
  US 8,364,183 B1 relates to handling incoming communications in a "busy" context but relies on explicit user input via a "Busykey button" to activate its functions. This directly contrasts with the "determining without any input by a user" and "informing the user without any input by the user" limitations of US10277728, Claim 1 (a) and (b). Furthermore, US 8,364,183 B1 focuses on sending pre-typed messages or playing pre-recorded audio, not dynamically reading aloud the body of a newly received text message or email, nor offering the distinct opt-in/opt-out reading aloud options of US10277728. Therefore, it is unlikely to anticipate Claim 1 of US10277728 directly due to these key differences in user interaction and content delivery.

3. US Patent 8,526,973 B1

• Full Citation: US 8,526,973 B1, "Cell phone with busykey capability", issued September 3, 2013.

• Publication Date: September 3, 2013 (Issue Date).

• Filing Date: January 24, 2012.

• Brief Description: This patent is a continuation of US 8,364,183 B1 and describes similar "Busykey" functionality for a cell phone, enabling automatic responses to incoming messages or calls by sending pre-typed messages or playing pre-recorded audio messages upon user activation of a "Busykey." US10277728 provides the same criticism for this patent, stating it "do[es] not allow a person to respond to a text or a call other than by sending a pre-typed text message and still require substantial input from the user since the user has to choose and press on a Busykey button."

• Potential Anticipation (35 U.S.C. § 102):
  Similar to US 8,364,183 B1, US 8,526,973 B1's reliance on a "Busykey button" for user input and its limited response mechanisms (pre-typed messages, pre-recorded audio) diverge from the core inventive features of US10277728, Claim 1. The "without any user input" clauses and the dynamic "reading aloud the body" of the message (with opt-in/opt-out options) in US10277728 distinguish it from this prior art. Therefore, it is unlikely to anticipate Claim 1 of US10277728.

4. US Patent 8,359,014 B1

• Full Citation: US 8,359,014 B1, "Cell phone with busykey capability", issued January 22, 2013.

• Publication Date: January 22, 2013 (Issue Date).

• Filing Date: April 27, 2012.

• Brief Description: This patent is also part of the "Busykey" family, sharing the core concept of a cell phone with software that uses one or more "Busykeys" to automatically send pre-typed text messages or play pre-recorded audio messages in response to incoming communications. US10277728 criticizes this patent for the same reasons as its siblings, noting it "do[es] not allow a person to respond to a text or a call other than by sending a pre-typed text message and still require substantial input from the user since the user has to choose and press on a Busykey button."

• Potential Anticipation (35 U.S.C. § 102):
  Consistent with the analysis of US 8,364,183 B1 and US 8,526,973 B1, US 8,359,014 B1 does not appear to anticipate the critical "without any user input" determination and informing steps, nor the specific "reading aloud the body" and subsequent interaction model defined in US10277728, Claim 1. The fundamental difference lies in the initiation of the response (automatic vs. user-activated "Busykey") and the nature of the information delivered (dynamic message body vs. pre-recorded/pre-typed). Therefore, it is unlikely to anticipate Claim 1 of US10277728.

The analysis shows that US10277728 explicitly differentiates its invention from the cited prior art based on the degree and nature of user input required, particularly in the initial notification and the method of message delivery (reading the body aloud dynamically vs. pre-defined responses). The "without any input by a user" clauses in US10277728, Claim 1, appear to be a key distinguishing feature from the identified prior art.

Obviousness Analysis under 35 U.S.C. § 103 for US Patent 10277728

This analysis evaluates whether the claims of US Patent 10277728 would have been obvious to a person having ordinary skill in the art (POSITA) at the time of the invention (priority date November 21, 2014), based on the prior art identified in the patent itself.

The core inventive concept of US10277728, as outlined in Independent Claim 1, focuses on:

1. Automatic Detection & Notification: Determining and informing a user about the arrival of a text message, email, or messenger application message without any user input, especially while the user is engaged in an activity (e.g., driving, exercising). [cite: Independent Claim 1]
2. Dynamic Reading Aloud: Proceeding to read aloud the body of the message, either by default (with an option to stop) or upon a simple affirmative action (with an option to command reading). [cite: Independent Claim 1]

The patent itself distinguishes its invention from cited prior art, primarily US 2013/0275899 A1 and the "Busykey" patents (US 8,364,183 B1, US 8,526,973 B1, and US 8,359,014 B1), by emphasizing the lack of "substantial user input" required for its initial message handling and its dynamic "reading aloud" of message content.

Proposed Combination of Prior Art References

A person having ordinary skill in the art (POSITA) at the time of the invention would have been motivated to combine the teachings of US 2013/0275899 A1 with general knowledge of automatic message notification on mobile devices and readily available Text-to-Speech (TTS) technology to address known problems in hands-free communication.

References and Their Contributions:

1. US 2013/0275899 A1 ("Limited-Distraction User Interface")

   • Disclosure: This patent application teaches the concept of adapting a user interface for "limited-distraction environments" and "determining that the device is not being operated in a limited distraction context." [cite: US 2013/0275899] This reference directly addresses the "while the user is engaged in an activity" aspect of US10277728's claims, as activities like driving, exercising, or working are explicitly defined as contexts where user distraction is limited. [cite: "a person may be engaged in an activity, and cannot use a mobile phone or other devices to receive emails and text messages. For example a person may be driving, and the use of a mobile phone, either for talking or texting, can be hazardous."]
   • Limitation & Motivation: US10277728 critically notes that US 2013/0275899 A1 "relies on substantial input from the user even in the limited-distraction context, making it difficult for a user to use a mobile phone in such context." [cite: US 2013/0275899] This explicit critique serves as a strong motivation for a POSITA to seek improvements that reduce or eliminate such "substantial input" to make the system more truly hands-free and less distracting.

2. General Knowledge of Automatic Message Notification on Mobile Devices (Pre-2014)

   • Disclosure: By November 2014, it was well-established in the art that mobile phones and similar devices automatically detect the arrival of incoming communications like text messages (SMS), emails (via various protocols like IMAP/POP3), and messages from messenger applications (e.g., push notifications). This detection occurs without any active user input, as the device constantly monitors networks for new data. Upon detection, devices typically provide notifications such as sounds, vibrations, or visual alerts (e.g., banner notifications or lock screen displays), all initiated automatically. [cite: "a) determining without any input by the user that the text message, the email, or the message from the messenger application has arrived while the user is engaged in the activity"]

3. General Knowledge of Text-to-Speech (TTS) Technology (Pre-2014)

   • Disclosure: Text-to-speech technology, capable of converting digital text into spoken audio, was mature and widely available by 2014. It was integrated into many mobile operating systems (e.g., for accessibility features like screen readers) and specific applications (e.g., navigation apps reading directions, early voice assistants reading notifications). A POSITA would understand how to parse the content of a received message (sender, subject, body) and feed these textual components into a TTS engine for audible output.

Motivation for Combination and Obviousness Reasoning

A POSITA, seeking to overcome the "substantial input" limitation identified in systems like US 2013/0275899 A1 and to provide a more genuinely hands-free communication experience in limited-distraction environments, would find it obvious to combine these elements. The motivation stems from:

• Addressing a Known Problem: The problem of safely and conveniently interacting with digital messages while engaged in distracting activities (like driving) was well-recognized, as evidenced by US 2013/0275899 A1 itself. The patent 10277728 further highlights the need for reducing "substantial input." [cite: "There is a need in the art to allow a person to receive emails and other messages while the person is engaged in an activity that limits the person's ability to read emails and other messages."]
• Leveraging Existing Technologies:
  • Given the automatic detection of incoming messages on mobile devices, it would be obvious to trigger a response automatically upon message arrival, thus fulfilling the "determining without any input by a user" and "informing the user without any input by the user" clauses of Claim 1(a) and (b).
  • In a hands-free, limited-distraction context (as taught by US 2013/0275899 A1), replacing visual/manual "substantial input" with audible information delivery using well-known TTS technology is a logical and obvious design choice. A POSITA would understand that reading the sender's identity aloud (Claim 1(b)) and then the message's body (Claim 1(c)) provides the necessary information without requiring visual interaction.
  • The interaction model described in Claim 1(c) (opt-out reading or opt-in command) represents a common and obvious design pattern for hands-free interfaces. Providing a brief window for user intervention (e.g., a simple tap or swipe, as described in US10277728's detailed description) to control audio playback is an obvious way to balance automation with user agency in such contexts. For example, some early vehicle infotainment systems or voice assistants offered to read messages aloud and allowed simple voice commands or button presses to dismiss or play/pause.

Therefore, a POSITA would find it obvious to modify a system that adapts its UI for limited-distraction environments (US 2013/0275899 A1) by integrating automatic message reception and notification, and using readily available TTS technology to audibly announce sender information and read the message body, thereby minimizing the need for visual or complex manual input.

Analysis of Independent Claims against the Combination:

• Claim 1 (Method Claim): All elements of Claim 1, including the automatic determination, automatic audible informing, and the opt-out/opt-in reading aloud of the message body, are rendered obvious by this combination and motivation. The "without any input by a user" for initial steps is covered by automatic device operations for message reception combined with TTS. The "reading aloud" of the body of the message is a direct application of TTS to the message content in a hands-free context.
• Claim 15 (Mobile Phone Claim): Configuring a mobile phone (a known device) with existing software components (message listeners, TTS engines) to implement the method of Claim 1, particularly within a context-aware framework from US 2013/0275899 A1, would be obvious.
• Claim 16 (System Claim): Similarly, creating a system comprising a processor, memory, and touchscreen to execute the method described in Claim 1, leveraging standard hardware and software architectures, would be an obvious engineering task.
• Claim 18 (System with Modules Claim): The "queue notification module" for handling various message types in a single queue is a standard software design pattern for managing asynchronous events. An "analyzer module" for parsing message content (sender, subject, body) is also standard. The "text to speech module" performing the actions of Claim 1(b) and 1(c) is an obvious application of TTS in the described context. Thus, the modular system would be obvious.
• Claim 20 (Non-Transitory Computer Readable Storage Medium Claim): Since the method itself would be obvious, storing instructions for that method on a non-transitory computer-readable medium would also be obvious.

Conclusion

The claims of US Patent 10277728, particularly Independent Claim 1, appear to be rendered obvious by the combination of US 2013/0275899 A1, general knowledge of automatic message notification on mobile devices, and general knowledge of Text-to-Speech (TTS) technology. A POSITA would have been motivated to combine these elements to create a more effective, truly hands-free communication system that reduces user distraction in various activities, directly addressing the shortcomings of prior art that required "substantial input" in limited-distraction contexts.

Patent Term Adjustments (PTA)

Patent Term Adjustment (PTA) is a process that extends the term of a U.S. patent to compensate for delays caused by the USPTO during the prosecution of a utility or plant patent application. The total PTA is added to the standard 20-year lifespan of the patent, measured from its earliest claimed filing date.

To calculate PTA, the USPTO considers several types of delays, including:

• Failing to issue a first Office action within 14 months of the application filing date.
• Failing to respond to a reply or appeal within four months.
• Failing to act on an application within four months after a Patent Trial and Appeal Board (PTAB) or federal court decision.
• Failing to issue a patent within four months after payment of the issue fee.
• Failing to issue a patent within 36 months from the filing date of the application.

Applicant delays can also reduce the length of any adjustment. The official PTA calculation is provided on the patent itself or through the USPTO's Patent Center.

For US Patent 10277728, the specific Patent Term Adjustment (PTA) amount is 0 days, as indicated on the face of the patent under "Patent Term Extended." This means there were no USPTO delays during prosecution that qualified for an adjustment.

Patent Term Extensions (PTE)

Patent Term Extension (PTE) under 35 U.S.C. § 156 allows for the restoration of patent term lost due to delays in receiving premarket government approval for certain products, such as human drugs, food or color additives, medical devices, animal drugs, and veterinary biological products, from a regulatory agency. This is typically associated with the Hatch-Waxman Act.

As US Patent 10277728 is for a "Method and system for communication" and does not claim any of the product types eligible for PTE (e.g., human drugs, medical devices), it is not eligible for Patent Term Extension under 35 U.S.C. § 156.

Continuation Applications

A continuation application is a second application for the same invention claimed in a prior non-provisional application and filed before the patenting or abandonment of or termination of proceedings on the first application. The claims in a continuation application must be supported by the disclosure of the prior application.

US10277728 explicitly states in its "CROSS REFERENCE" section that it "is a continuation of U.S. application Ser. No. 15/421,237, filed on Jan. 31, 2017, which is a continuation of U.S. application. Ser. No. 14/865,561, filed on Sep. 25, 2015, (U.S. Pat. No. 9,591,117) which claims the benefit of U.S. provisional application No. 62/083,085 filed on Nov. 21, 2014, and U.S. provisional application No. 62/118,264 filed on Feb. 19, 2015, both of which are incorporated herein by reference in their entirety."

Therefore, US10277728 is part of a chain of continuation applications:

• US Application Ser. No. 15/421,237 (filed January 31, 2017)
• US Application Ser. No. 14/865,561 (filed September 25, 2015, issued as US Pat. No. 9,591,117)

Divisional Applications

A divisional application is a later application for an independent and distinct invention carved out of a prior application. The claims in a divisional application must not be coextensive with the claims of the parent application but must be supported by the disclosure of the parent application. The provided text does not explicitly mention any divisional applications related to US10277728.

Related Family Members

Based on the "CROSS REFERENCE" section, the related family members for US10277728 include:

• US Provisional Application No. 62/083,085 (filed November 21, 2014) - This is the earliest priority date for US10277728.
• US Provisional Application No. 62/118,264 (filed February 19, 2015)
• US Application Ser. No. 14/865,561 (filed September 25, 2015), which issued as U.S. Pat. No. 9,591,117.
• US Application Ser. No. 15/421,237 (filed January 31, 2017).
• US10277728B1 (the present patent).

Additional priority claims are mentioned in the patent information on Google Patents:

• US16/245,602 (priority to January 11, 2019), leading to US10516775B1.
• US17/150,786 (priority to January 15, 2021), leading to US11316964B1.
• US17/699,581 (priority to March 21, 2022), leading to US11611649B2.
• US19/303,950 (priority to August 19, 2025), leading to US20250385966A1.

These indicate a robust patent family with several continuations, extending the reach of the underlying invention.

Projected Expiration Date

The standard term for a U.S. utility patent is 20 years from its earliest claimed non-provisional filing date.

• The earliest priority date for US10277728 is November 21, 2014, from U.S. provisional application No. 62/083,085.
• The earliest non-provisional filing date (for which benefit is claimed) is September 25, 2015, from U.S. application Ser. No. 14/865,561.
• The patent was issued from application US16/112,587, which has a filing date of August 24, 2018.

Since the patent claims benefit from earlier applications, its term is calculated from the filing date of the earliest non-provisional application for which a benefit is claimed. In this case, that is September 25, 2015.

The patent was granted with 0 days of Patent Term Adjustment. [cite: "Patent Term Extended: 0 days"] There is no Patent Term Extension.

Therefore, the projected expiration date is 20 years from the earliest effective filing date:
September 25, 2015 + 20 years = September 25, 2035.

This matches the "Anticipated expiration" date provided in the Google Patents summary for US10277728.