DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-4, 21, 23-24, 28, 30-31, 35, 42, 46, 50-69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chhabra [US 2014/0003408] in view of Ota [US 2011/0222518].
As claims 1, 21 and 28, Chhabra [US 2014/0003408] discloses a method comprising: adjusting, by a wireless device and based on determining that the wireless device has moved from a first location to a second location and determining that the second location is a high priority area associated with a user of the wireless device, a threshold value [Par. 0009, 0047, 0066-0067, Fig 4, Ref 408 discloses when UE moves/roams from first location to a second location wherein the second location which has overlapped coverage by single access point based on geo-tag for first “public” network and second “private” network , Par. 0092, the UE adjusts threshold value from most recent “public is lower priority”, Ref 404, to a most preferred network “the home or private is higher priority” Ref 410 of the UE in the overlapping area in order to identify all higher priority network has lower priority than private, UE adjusts the priority of required network from the preferred to most preferred network “adjust threshold value”]; receiving, by the wireless device at the second location, a first beacon frame, associated with a first network provided by an access point, that comprises a first priority value for the first network; [Fig 4, Ref 404, Par. 0061 discloses scanning a beacon of the previous used access point using fast scan “priority with previous preferred” and comparing with it with adjusted threshold value from an access point, determining that it does not meet the threshold, therefore it switches to comprehensive scan to identify the higher available network, Par. 0092-0093], waiting, by the wireless device, for a time period [Fig 4, Ref 408 and 410 is waiting period for UE to scan for the most preferred network such as private network which is above the required of threshold, Par. 0092-0094]; receiving, by the wireless device at the second location, a second beacon frame, associated with a second network provided by the access point [Par. 0092-0094 and Fig 4, Ref 910 discloses UE receives the second beacon which includes SSID of private network], via the second network [Fig 4, Ref 414 discloses the UE connect to the most preferred network]. However, Chhabra [US 2014/0003408] fails a first beacon frame that comprises a first priority value and a second beacon frame that comprises a second priority value. In the same field of endeavor, Ota [US 2011/0222518] discloses a first beacon frame that comprises a first priority value and a second beacon frame that comprises a second priority value [Par. 0044, 0058 discloses the beacon comprising SSID with priority].
Since, beacon with priority is well known and expected in the art. Therefore, It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify Chhabra [US 2014/0003408] with teaching uses priority values and the priority values being part of the beacon/SSID which can assist in network selection, to provide the ability to send a priority value for each network so the user device can selecting the best access point in overlapping area.
As claims 3, 23, 30, Chhabra [US 2014/0003408] the receiving the first beacon frame and the receiving the second beacon frame comprise receiving the first beacon frame and receiving the second beacon frame at substantially similar broadcast intervals [Fig 4, Ref 404 and 410 have a similar broadcast intervals, Par. 0084].
As claims 4, 24, 31, Chhabra [US 2014/0003408]/Ota [US 2011/0222518] discloses the first priority value indicates a priority of the first network relative to the second network [Par. 0097 for Chhabra and Ota for Fig 5B].
As claims 35 and 60, Chhabra [US 2014/0003408] discloses a duration of the time period is based on the second location [Par. 0084].
As claim 42, Chhabra [US 2014/0003408] discloses the wirelessly communicating via the second network is based on a determination that the second priority value in the second beacon frame is above the adjusted threshold value [Fig 4, Ref 414 discloses if selected network is greater than adjusted threshold because it Ref 410 scans for higher priority which is separated from Ref 408 which is for lower priority].
As claim 46, Chhabra [US 2014/0003408] discloses the waiting for a time period is further based on a geo-fence in which the wireless device is located [Fig 4, Ref 408 discloses UE determines if overlapping network is within geographical proximity of UE].
As claims 50, 53, 57, Chhabra [US 2014/0003408] discloses lowering, by the wireless device, the threshold value based on the wireless device leaving a premises associated with a user of the wireless device [Fig 2-4 discloses when UE at Fig 4 moves out of area, the UE does not use threshold to separate the networks are received, so it red on the reduce the adjusted threshold value such as 1 to old value such as zero].
As claims 51, 54, 58, Chhabra [US 2014/0003408] discloses increasing, by the wireless device, the threshold value based on the wireless device entering a premises associated with a user of the wireless device [Par. 0009, 0047, Fig 4, Ref 408 discloses threshold value in overlapping are is increasing to 1 in order to determine where network belong such as first network/second network to separate the public and private networks, Par. 0087-0092].
As claims 52, 55, 59, Chhabra [US 2014/0003408] discloses increasing, by the wireless device, the threshold value based on the wireless device being in an area adjacent to a premises of a user of the wireless device [Par. 0009, 0047, Fig 4, Ref 408 discloses threshold value in overlapping are is increasing to 1 in order to determine where network belong such as first network/second network to separate the public and private networks, Par. 0087-0092].
As claim 56, Chhabra [US 2014/0003408] discloses adjust the time period based on the second location of apparatus [Fig 4, Ref 408 and 410 is time period which is adjusted based on scanning interval of 410].
As claims 61, 63 and 65, Chhabra [US 2014/0003408] discloses receiving, by the wireless device and during the time period, a third beacon frame, associated with a third network provided by the access point, that comprises a third priority value for the third network; and declining, based on the adjusted threshold value being higher than the third priority value, to connect to the third network [Fig 4, Ref 0049 discloses the overlapping area may include networks, therefore, UE receives third beacon and decline to connect to it because it does not belong to UE even the priority is higher than threshold].
As claims 62, 64 and 66, Chhabra [US 2014/0003408] discloses receiving, during the time period, a plurality of beacons, wherein each of the plurality of beacons is associated with one of a plurality of networks different than the network; an storing information about the received plurality of beacons and the beacon [Fig 4, Ref 404 and 410 for receiving the beacons that received from the networks]; and wherein the computer readable instructions, when executed, further cause wirelessly communicating via the network further based on the stored information [Fig 4, Ref 414, Par. 0038, 0055, 0082 the beacons stored for prioritizing and used for connecting].
As claims 67 Chhabra [US 2014/0003408] discloses configuring the high priority area by using geo-fencing [Par. 0087-0091, geo-tag].
As claims 68 Chhabra [US 2014/0003408] discloses the high priority area based on a premises associated with the user of the wireless device [Par. 0092 discloses private network [Par. 0047 discloses home network].
As claims 69 Chhabra [US 2014/0003408] discloses the high priority area based on a private network associated with a user of the wireless device [Par. 0047 discloses home network]..
Claim(s) 38, 40 and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chhabra [US 2014/0003408] and Ota [US 2011/0222518] as applied to claim 28 above, and further in view of Fitzpatrick [US 2015/0215832] or Veerepalli [US 2016/0345334].
As claims 38, 40 and 49, Chhabra [US 2014/0003408] and Ota [US 2011/0222518] fail to discloses the first priority value in the first beacon frame is determined by the access point based on: a bandwidth of the first network; a bandwidth of the second network; whether the first network is a public network or private network; or whether the second network is a public network or private network. In the same field of endeavor, Fitzpatrick [US 2015/0215832] or Veerepalli [US 2016/0345334] discloses the first priority value in the first beacon frame is determined by the access point based on: a bandwidth of the first network; a bandwidth of the second network; whether the first network is a public network or private network; or whether the second network is a public network or private network [Fitzpatrick discloses at Par. 0208 discloses higher priority for home” private and lower priority for public or Veerepalli discloses Par. 0070].
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify Chhabra [US 2014/0003408] and Ota [US 2011/0222518], such that wherein the second priority value is associated with a higher priority than the first priority value based on the second network being a private network and the first network being a public network, to provide the ability for the user to select a private network over public networks (knowing that private networks are typically higher speed networks and provide more robust services) which discloses by Fitzpatrick [US 2015/0215832] or Veerepalli [US 2016/0345334]. The motivation would have been to provide the ability for the user to select a private network over public networks.
Claims 1, 3-4, 21, 23-24, 28, 30-31, 42 and 50-69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jonker US 2007/0275701 and further in view of Ota et al. US 2011/0222518 and {Rahim US 2007/0060125 or Kill et al. EP 2753128} and Chhabra [US 2014/0003408] and {Meyer US 2008/0293405 or Chhabra et al. US 2013/0150012 or Almgren US 2006/0003763}
As per claims 1, 21 and 28, Jonker US 2007/0275701 teaches a method comprising:
receiving, by a wireless device at a second location (i.e. when roaming) (Fig. 1, #108), a first beacon frame (Fig. 1, #120), associated with a first network, that comprises a “information” for the first network (Para’s 10-12 teach multiple/different networks and also Fig. 3a shows different networks such as Home, Willow, Sonora, etc.., hence a first network is taught);
[0057] Referring again to FIG. 1A, AP 112 instances broadcast beacon frames 119. Client 108 "scans" 120, also referred to herein as "sniffs" or detects, a beacon frame 119 broadcast by an instance of AP 112. That is, for example, network interface 152 of client 108 listens for beacon frames 119 broadcast on a given channel by instances of AP 112. A beacon frame 119 typically includes information such as an SSID, BSSID, as well as security settings. As is discussed herein with reference to disclosed embodiments, information contained in a beacon frame 119 can be used, with configuration 156, to probe 121 and AP 112 of an instance of wireless network 102 to determine, based on a probe response 122, a usability status of the wireless network 102 instance. Based on the determined usability status and in conformance with configuration 156, client 108 can request a connection 123 to wireless network 102, and/or Internet 106, via the wireless network 102 instance and determine a connection/use status based on a connection response 124 received in response to connection request 123.
receiving, at the second location a second beacon frame, associated with a second network device/BTS (figure 3a shows different “networks”, eg. at least Home, Commercial and Office which were identified, ie. beacon identifying these network(s) was received at some point, also see Para’s 10-12 which teach different networks) AND wirelessly communicating, via the second network device/BTS (The above teaches that the device can sniff the proximate area and find one/more BTS’s/AP’s to connect to, as based on the Beacon Broadcast, ie. one skilled understands that a device may connect to another BTS/AP if the signal strength degrades OR if there is another BTS/AP that is available for high(er) speed traffic OR supports a desired capability, eg. voice, video, data streaming/download, etc. – See Para #106 which teaches handoff from one AP to another/second AP and the Abstract teaches network selection (ie. across multiple AP’s) and figure 3a shows that the device has access to multiple networks such as Home, Willow, Sonora, etc..). Furthermore, Jonker shows in Figure 3a that the networks are RANKED based on both “Profile” and “Network” parameters wherein the HOME NETWORK is ranked highest, then the commercial networks are ranked next (Profile Rank #2 having 4 Network Ranks withing Rank #2) and then a last rank which is the office network – see figure below);
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[0072] At step 402, a determination to determine whether or not any profiles remain to be processed. In the example shown in Fig. 3a profiles 301 contain three profiles. At step 403, the next profile is selected for processing the detected beacon frames 119. In accordance with disclosed embodiments, profiles are processed in rank order, such that the first profile, with a ranking of "1", is processed first, e.g., "Home Network" of profiles 301 is processed first. At step 404, a determination is made whether or not the SSID associated with the selected profile corresponds with any of the SSIDs broadcast in a detected beacon frame 119. If not, processing continues at step 402 to select another profile.
[0073] Using the example shown in FIGS. 3A and 6A, scan 602a includes the beacon frame 119 instance detected by client 108 at step 401. The detected beacon frame 119 has an SSID of "Home", which corresponds to the "Home" SSID of the "Home Network" profile, as shown in mappings 360 of Fig. 3a. In this example, step 404 identifies a match and processing continues to step 405.
[0090] FIG. 6E provides an example of a scan 602e, which detects multiple BSSIDs, i.e., multiple beacon frames 119 broadcast by instances of AP 112, all of which have the same SSID. Referring to mappings 603e, the profile, i.e., "Home Network" has a higher rank, and it would therefore be examined first to determine whether it identified the “Sonora” SSID. The next profile, the "Commercial Network" profile is then examined, and the Sonora SSID is determined to correspond with the "Commercial Network". Mappings 603e reflects the match. However, the BSSID associated with the first entry of scan 602e does not correspond with any cached BSSID. A probe and/or connect operation might be performed to determine the status of this BSSID.
But is silent on
adjusting, by a wireless device and based on determining that the wireless device has moved from a first location to a second location and determining that the second location is a high priority area associated with a user of the wireless device, a threshold value,
A first priority value;
based on the first priority value (ie. lower/public) in the first beacon frame being below the threshold value, waiting, by the wireless device for a time period;
receiving, by the wireless device at the second and after the determining to wait, a second priority value (ie. higher/private/high-speed) for the second network; and
wirelessly communicating, based on the second priority value, via the second network;
provided by an access point, provided by the access point (ie. the first/second beacons are transmitted by the same access point).
With regard to priority values AND the priority values being part of the beacon/SSID which can assist in network selection, at least Ota teaches a priority field being included in a beacon/message:
Ota et al. US 2011/0222518 teaches a priority field being part of the SSID and that the SSID generates a beacon that includes the SSID (see Abstract) - NOTE also that Jonker sends the SSID in the beacon as well), Figures 2a-2b show the format of the SSID and that there can be different priorities assigned (ie. first, second, third, etc.) AND communication with a device/network based upon the priority, ie. communicate based on the second priority value AND that the second priority is higher than the first priority:
[0044] FIGS. 2A and 2B are explanatory diagrams showing the structure of an SSID which is generated by a projector. In this embodiment, in the generation of an SSID, the CPU 200 of the projector 20 generates identification information for identifying the projector 20 and an SSID including the IP address of the projector 20. The SSID is formed of up to 32 characters, and the IP address can be represented by 8 characters in the case of IPV4. Therefore, the CPU 200 can assign up to 24 characters to the identification information of the device. Hereinafter, descriptions will be given on the assumption that an SSID is formed of 32 characters.
Further to this point is Figure 5a which shows that the SSID structure can also include a two-digit value that is the priority whereupon the device would communicate with that second/higher priority device:
[0058] FIGS. 5A and 5B are explanatory diagrams showing an SSID in a third embodiment. FIG. 5a shows the structure of an SSID in the third embodiment. The SSID of the third embodiment differs from the SSID of the first embodiment in that it is provided with a priority field for 2 characters. A two-digit number is assigned to the priority field.
Thusly, one skilled sees that Ota teaches the SSID can include a priority field used AND is used to assist the selection of an appropriate/optimum network (ie. has “maximum priority”). Furthermore, Ota teaches that the user device can receive multiple priorities (ie. first and second, etc.) and select the network having the higher priority ( [0061] In step S630, the CPU 100 determines which SSID to select. FIG. 5B is a comparison table for determining which SSID has higher priority). Combining with Jonker and one can see that the beacon/priority can be used to select a network.
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify Jonker, such that it uses priority values AND the priority values being part of the beacon/SSID which can assist in network selection, to provide the ability to send a priority value for each network so the user device can know which optimal networks to choose as it roams.
With regard to “based on the first priority value (ie. lower/public) in the first beacon frame being below a threshold, waiting, by the wireless device” and “a second priority value (ie. higher/private/high-speed) for the second network” and “after the determining to wait”, at least Rahim or Kill teach the concept:
i) Rahim US 2007/0060125 teaches a wireless device (Figure 3) with Baseband and WLAN processors and interfaces/transceivers (Figure 2) whereupon the WLAN Processor (WP) can scan channels for a “preferred identified” (Figure 4, #46) and when it detects a/any identifier, it will determine if it matches one of the preferred identifiers (#50) whereupon it will wait a period of time before scanning for another more-preferred ID (#52) OR it will wake up, ie. at least to connect to the preferred network.
[0015] In one implementation, the baseband processor sends a user's preferred list of SSIDs or BSSIDs of APs which should be scanned for. This lets the WCD enter preferred mode, allowing the user to select the specific APs (BSSIDs). This information is passed to the WLAN device. Next, all other blocks in the baseband processor enter deep sleep mode, and remain in deep sleep mode until a BSSID of a preferred network (selected by the user) is detected or matched during WLAN scanning. Significantly, the only module which is active during this "low power" scanning is the WLAN firmware, and only single command is required to initiate this low power scanning technique. Once a BSSID of a preferred network (selected by the user) is matched once the WLAN scanning result is returned, then a GPIO (General Purpose Input/Output) is triggered which activates or "wakes up" the host baseband processor and lets the host baseband processor know that it must send an appropriate scan command.
Thusly, one skilled sees that the device can look for higher/optimum preferred identifiers and wait if it doesn’t find one (ie. the waiting is to look for another preferred network/identifier). Also, if the received network identifier matches a preferred identifier, then the baseband processor will be told to wake up (so that it can at least connect to the preferred network).
[From Para #19] “..In one implementation, the configure wake-up command (CWUC) specifies that the baseband processor (BP) 10 is to be awoke when one of the detected identifier (SSID/BSSID) matches one of the preferred identifiers (SSIDs/BSSIDs)”.
[From Para #20] “..In one implementation, the WLAN processor (WP) 100, responsive to the private scan command (PSC), begins periodically scanning a number of channels for each preferred identifier (SSID/BSSID) at a defined scanning interval”.
[From Para #21] “..For example, if the WLAN processor (WP) 100 finds a match between one of the detected identifiers (SSIDs/BSSIDs) and one of the preferred identifiers (SSIDs/BSSIDs), then the WLAN processor (WP) 100 can generate and send the wake-up command (WUC) to the baseband processor (BP) 10”.
Furthermore, Rahim teaches scanning for a preferred wireless network and ONLY WAKING UP when a preferred network is found, which reads on using a first priority (i.e. threshold to determine if this a preferred network) and then waiting if it is NOT a preferred network (i.e. going back to sleep if it is NOT a preferred network since that network is NOT above the threshold of it being a preferred network).
ii) Kill et al. EP 2753128 teaches in figure 4 that the user device scans for “a designated access point” (ie. optimal access point such as a HOME network) and will connect to it if it is a designated access point (ie. priority is higher than other access points) OR it will wait for a preset time and then begin searching again (ie. until it finds a designated access point, #411). Note that designated is interpreted as being a preferred, higher priority network (as taught by Ota as well). Kill teaches a similar concept as to using a threshold while scanning for a preferred network, i.e. if the network is a below a threshold (low priority network), it will wait (search again) until it find a higher priority network.
[0056] The control unit 160 performs a search for a wireless access point (407). The control unit 160 checks whether a designated wireless access point registered in the connection designation list 151 is present among located wireless access points (409). When a designated wireless access point registered in the connection designation list 151 is found, the control unit 160 establishes a connection to the found designated wireless access point (411). Additionally, the control unit 160 may deactivate a search function, which searches for a nearby wireless access point at regular intervals, to stop a search.
[0057] Thereafter, the control unit 160 checks whether an event for releasing the connection to the designated wireless access point is generated (413). When a connection release event is not generated, the control unit 160 may return to step 411 to maintain the existing connection. When a connection release event is generated at step 413, the control unit 160 checks whether an input event for terminating communication based on the Wi-Fi module 180 is generated (415). When an input event for terminating communication is not generated, the control unit 160 may return to step 407 to continue communication based on the Wi-Fi module 180. When an input event for terminating communication is generated, the control unit 160 may return to step 403 to continue the process. [0058] When a designated wireless access point registered in the connection designation list 151 is not found at step 409, the control unit 160 may support the regular connection mode or wait for a preset time (417). Thereafter, the control unit 160 returns to step 407. During the regular connection mode, the control unit 160 may establish a connection to a wireless access point, which is specified by the user or has acceptable received signal strength without security restrictions, among located wireless access points.
Thusly, the examiner has shown how Jonker’s design receives beacons that include the SSID and Ota teaches that the SSID frame structure can include a priority that is used in selecting an optimal network AND that Rahim/Kill show that a device can scan-and-then-wait until it finds an optimal/high priority access point to connect to.
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify the combo, such that it “based on the first priority value (ie. lower/public) in the first beacon being below a threshold, waiting, by the wireless device for a time period” and after the determining to wait, to provide the ability for the user device to wait and find/select the most optimal network.
With regard to “provided by an/the access point (ie. the first/second beacons are transmitted by the same access point)” and determining that the second location is a high priority area associated with a user of the wireless device, at least Chhabra [US 2014/0003408] teaches that multiple different SSID’s can be broadcasted from the same Access Point’s single radio interface (Par. 0092) and determining if the overlapping area includes home network of UE (Fig 4, Ref 408)
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify the combo, such that the first/second beacons are transmitted from the same access point, to provide the ability for the user to receive multiple beacons/priorities from the same access point which assigned in area which is associates with UE (if/when the access point broadcasts multiple SSIDs).
With regard to “..adjusting, by a wireless device and based on determining that the wireless device has moved from a first location to a second location..”, see Meyer or Almgren or Chhabra:
Meyer US 2008/0293405 teaches adjusting thresholds as the user roams.
[0001] The present invention relates generally to a system and method for adaptive roaming of mobile devices. Specifically, mobile devices utilize a learning method to predict potential areas to which the mobile device may roam and modify thresholds related to roaming.
[0017] The parameters affecting a roam may be used to, for example, modify thresholds associated with the roam. Initial threshold values may be coded into the learning algorithm as defaults. The initial threshold values may be, for example, an industry standard, common threshold values, etc. Thus, when the MU 118 has not determined any values for the above-mentioned parameters (i.e., has not experienced a roam to record values) (e.g., first activation of the MU 118), the MU 118 may refer to the initial threshold values when deciding whether to roam. Once the MU 118 performs a roam, values for these parameters may be measured or calculated, depending on the location in which the learning algorithm is stored (e.g., MU 118, server 102). The learning algorithm may subsequently adjust the initial threshold values to create modified threshold values based on these parameter values. These modified threshold values may apply to an individual MU (e.g., MU 118) or may apply to the MUs disposed within the network 108. For example, if the server 102 incorporates parameter values for all MUs disposed in the network 108, the modified values may apply to all the MUs.
Almgren US 2006/0003763 teaches adjusting roaming thresholds/settings as the user roams to new networks:
[0050] RMA has fresh information about what network the operator desires to be chosen in roaming situations. If step 4 of FIG. 2 shows that the network priority list was not up-to-date for the given subscriber, and the desired roaming settings thus differed from the actual roaming settings, RMA adjusts the roaming settings (step 5 of FIG. 2) to be in accordance with the desired behavior by looking at subscriber related knowledge on how to adjust the roaming settings. If the actual roaming settings and the desired roaming settings were identical, the settings do not need to be adjusted and, the process can directly proceed with step 6.
Abstract: When a subscriber is roaming management application, which checks the current roaming setting for the subscriber and the desired roaming behavior for the location that the subscriber roamed into, and as a result of the comparison, when necessary, it adjusts the roaming setting to be in accordance with said desired roaming behavior.
Chhabra et al. US 2013/0150012 teaches adjusting roaming thresholds/parameters as the user roams:
[0001] The described embodiments generally relate to methods and apparatuses for adapting roaming for mobile wireless devices. More particularly, the present embodiments describe improving roaming based on adapting roaming parameters based on measured and determined wireless network characteristics.
[0006] Thus there exists a need for methods and apparatuses to adapt roaming parameters for a mobile wireless device that can improve roaming in wireless networks.
[0009] In a further embodiment, a method to adapt roaming parameters in a mobile wireless device is described. The method includes at least the following steps when the mobile wireless device is connected to a current access point. Retrieving from memory information for the current access point. Selecting one or more roaming parameters for the mobile wireless device based on the retrieved information for the current access point. Scanning for alternative access points. Receiving information from at least one alternative access point. Determining a wireless network type for the at least one alternative access points. Storing the received information and the determined wireless network type for the at least one located alternative access point. Updating the stored information for the current access point. Values for the determined wireless network type includes at least a single basic service set identifier per service set identifier type per radio frequency band and a multiple basic service set identifier per service set identifier type per radio frequency band.
[0021] The examples and embodiments provided below describe various methods and apparatuses for adapting roaming in a wireless mobile device, and in particular to improving roaming based on adapting roaming parameters based on measured and determined wireless network characteristics. It should be understood that implementations of the same methods and apparatuses described herein can apply to mobile wireless devices used in different types of wireless networks.
[0027] The mobile wireless device 102 can maintain a database of wireless networks to which it has previously connected and can identify a wireless network type based on the number of unique BSSIDs associated with an SSID per radio frequency band in the database. An SSID with only one BSSID per radio frequency band can be considered a "sparse" wireless local area network. When associated with or connected to such as sparse wireless network, the mobile wireless device 102 can use a set of roaming parameters that can influence roaming behavior to roam less frequently than when using a default set of roaming parameters. Representative roaming parameters can include signal quality thresholds below which the mobile wireless device can search for candidate access points and signal quality difference thresholds that can determine when a candidate alternative access point has sufficient signal quality to warrant switching. A default set of roaming parameters can be used when the mobile wireless device 102 associates with an unknown wireless network, and an active set of roaming parameters can be adapted as the mobile wireless device learns more about the wireless network environment. The roaming parameters can also be adapted based on information gathered during a history of searching for and/or roaming to different access points.
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it adjusts, by a wireless device and based on determining that the wireless device has moved from a first location to a second location, to provide the ability to modify various thresholds/settings as the user roams into new networks/environments to optimize communications.
As per claims 3, 23 and 30, the combo teaches wherein the receiving the first beacon frame and the receiving the second beacon frame comprise:
receiving the first beacon frame and receiving the second beacon frame at substantially similar broadcast intervals (The prior art above teach scanning for first/other beacons that appears to happen substantially at the same time, looking for broadcasts in/around that same scan interval, hence the first/second beacons would be received at substantially similar broadcast intervals – since the mobile scans for multiple beacons, it is assuming they are transmitted around the same time AND the scan period is set long enough to find several beacons)
Since Jonker does not teach any gaps in his scanning periods, the examiner interprets that he is scanning to find/receive beacon broadcasts at substantially the same times in one continuous scan period (until another scan period occurs):
[0009] A user's WiFi-enabled device, or wireless device, typically has the ability to sniff, or scan for, existing networks. Typically, the wireless device will tune to one or more available channels and listen for all beacon frames, or signals, broadcast by wireless networks on that channel. The beacons received by the device can be from one or more wireless networks.
From [0011] In addition, the wireless device would have to use this "trial and error" approach each time the wireless device scanned the same environment.
[0013] In accordance with one or more disclosed embodiments, a network is scanned, and based on the information retrieved from the scan the network is probed to determine usability of the network for a given user.
Note that Ota, Rahim/Kill teach scanning but no explicit gaps as well, hence they are interpreted as performing a scan of the network at substantially the same time(s) and receiving the beacon frames during substantially the same time.
As per claims 4, 24 and 31, the combo teaches wherein
NOTE that claim 43 is interpreted as the 2nd beacon frame being higher than the 1st beacon’s priority, hence they are relative to each other and the wireless device will select the 2nd network since it is higher/preferred.
As per claim 42, the combo teaches claim 1, wherein the wirelessly communicating via the second network is based on a determination that the second priority value in the second beacon frame is above the adjusted threshold value:
Jonker, Ota, Chhabra ‘408 and Kill/Rahim teach that the user is attempting to determine the highest priority (ie. most preferred) network and then select it for communications (i.e. that this network is above the threshold since it is either a) ranked above the others (per Jonker) or b) is a preferred network (Kill/Rahim). Jonker shows in figure 3a that the HOME network is the highest ranked and will be selected while Ota uses a priority value to calculate which network should be used and Kill/Rahim scan and wait until a high-value network is found, which read on the above (ie. network priorities are compared, a second priority value can be the highest found and the second priority can satisfy Kill/Rahim and be selected).
Furthermore, see also Rahim/Kill who teach searching for a preferred network and will stay in sleep mode if the found network does not meet the threshold of being a preferred network.
The examiner notes that Meyer or Chhabra or Almgren previously taught adjusting threshold values, hence Jonker, Ota, Chhabra ‘ 408 and Kill/Rahim would perform the determining based on the highest adjusted threshold value.
As per claims 50, 53 and 57, the combo teaches claim 1/21/28, but is silent on further comprising: lowering, by the wireless device, the threshold value based on the wireless device leaving a premises associated with a user of the wireless device.
Meyer or Chhabra or Algrem (see previous/above) teach adapting the roaming parameters as the user roams to new networks (i.e. leave or enter a network). They place no metes/bounds on what they adjust OR how they adjust, thusly, one skilled sees that they can adjust literally any threshold and adjust by increasing or decreasing said threshold as they leave (or enter) a location (which can be a premises associated with the wireless device, e.g. work, home, etc)..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it comprises: lowering, by the wireless device, the threshold value based on the wireless device leaving a premises associated with a user of the wireless device , to provide the ability to adapt the threshold parameters as the users roams through (leaves/enters) different networks to optimize communications.
As per claims 51, 54 and 58, the combo teaches but is silent on , further comprising: increasing, by the wireless device, the threshold value based on the wireless device entering a premises associated with a user of the wireless device.
Meyer or Chhabra or Algrem (see previous/above) teach adapting the roaming parameters as the user roams to new networks (i.e. enter or leave a network). They place no metes/bounds on what they adjust OR how they adjust, thusly, one skilled sees that they can adjust literally any threshold and adjust by increasing or decreasing said threshold as they enter (or leave) a location (which can be a premises associated with the wireless device, e.g. work, home, etc).
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it comprises increasing, by the wireless device, the threshold value based on the wireless device entering a premises associated with a user of the wireless device, to provide the ability to adapt the threshold parameters as the users roams through (enters/leaves) different networks to optimize communications.
As per claims 52, 55 and 59, the combo teaches claim 1/21/28, but is silent on further comprising: increasing, by the wireless device, the threshold value based on the wireless device being in an area adjacent to a premises of a user of the wireless device.
Meyer or Chhabra or Algrem (see previous/above) teach adapting the roaming parameters as the user roams to new networks. They place no metes/bounds on what they adjust OR how they adjust, thusly, one skilled sees that they can adjust literally any threshold and adjust by increasing (or decreasing) said threshold being in an area adjacent to a premises of a user of the wireless device (e.g. work, home, etc). Clearly a network that is known to the user (or near/adjacent) would be a HOME network and provide more optimal communications, hence the device would increase the threshold to prevent connections to lower priority networks.
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that comprising: increasing, by the wireless device, the threshold value based on the wireless device being in an area adjacent to a premises of a user of the wireless device, to provide the ability to adapt the threshold parameters as the users roams through/to different networks to optimize communications.
As per claim 56, and 60, the combo teaches claim 21/28, wherein the instructions, when executed by the one or more processors, cause the apparatus to adjust the time period based on the second location of apparatus.
Meyer or Chhabra or Algrem (see previous/above) teach adapting the roaming parameters as the user roams to new networks. They place no metes/bounds on what they adjust OR how they adjust, thusly, one skilled sees that they can adjust literally any threshold and adjust a (wait) time period based on the second location. One skilled sees that if the second network is very poor, the wait time period would be decreased so that the user quickly scans for a new network while the wait time period would be increased if the second network is good/very good.
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it causes the apparatus to adjust the time period based on the second location of apparatus, to provide the ability to adapt the threshold parameters as the users roams near/adjacent different networks to optimize communications.
As claims 61, 63 and 65, Chhabra [US 2014/0003408] discloses receiving, by the wireless device and during the time period, a third beacon frame, associated with a third network provided by the access point, that comprises a third priority value for the third network; and declining, based on the adjusted threshold value being higher than the third priority value, to connect to the third network [Fig 4, Ref 0049 discloses the overlapping area may include networks, therefore, UE receives third beacon and decline to connect to it because it does not belong to UE even the priority is higer than threshold].
As claims 62, 64 and 66, Chhabra [US 2014/0003408] discloses receiving, during the time period, a plurality of beacons, wherein each of the plurality of beacons is associated with one of a plurality of networks different than the network; an storing information about the received plurality of beacons and the beacon [Fig 4, Ref 404 and 410 for receiving the beacons that received from the networks]; and wherein the computer readable instructions, when executed, further cause wirelessly communicating via the network further based on the stored information [Fig 4, Ref 414, Par. 0038, 0055, 0082 the beacons stored for prioritizing and used for connecting].
As claims 67 Chhabra [US 2014/0003408] discloses configuring the high priority area by using geo-fencing [Par. 0087-0091, geo-tag].
As claims 68 Chhabra [US 2014/0003408] discloses the high priority area based on a premises associated with the user of the wireless device [Par. 0092 discloses private network [Par. 0047 discloses home network].
As claims 69 Chhabra [US 2014/0003408] discloses the high priority area based on a private network associated with a user of the wireless device [Par. 0047 discloses home network].
Claims 35, 38, 40, 46 and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jonker/Ota/Chhabra/{Rahim or Kill}/{Meyer or Chhabra or Almgren}
and further in view of {Fitzpatrick US 2015/0215832}.
As per claims 38, 40 and 49, the combo fails to teach what {Fitzpatrick US 2015/0215832 teaches wherein the first priority value in the first beacon frame is determined by the access point based on:
bandwidth of the first network;
a bandwidth of the second network;
the first network being a private network and the second network being a public network.
Typically, public networks such as cellular networks are operated for public use and are inherently slower (in data rate). Private networks typically are WLAN/Bluetooth/WiFi networks and inherently operate at much higher data rates.
Jonker, Chhabra, Ota and Kill/Rahim all teach finding/using an “optimal” network, ie. highest priority/preferred network.
Fitzpatrick teach understanding priority values for public/private networks.[the network policy server could assign higher/est priorities to private hotspots and lower/lowest priorities to public networks/hotspots, which reads on the claim:
[0208] Thus, the network selection policy server may determine the hotspots that are used by the subscriber and not part of the Wi-Fi community, and apply a different priority to those hotspots than the ones that belong to a Wi-Fi community. In addition, the network selection policy server may determine the hotspot priorities based on the nature and purpose of the hotspots or their usage. For example, the network selection policy server could assign the highest priorities to private hotspots (e.g., in the subscriber's home, work, etc.), the next highest priorities to hotspots that are in the Wi-Fi community, and the lowest priorities to public hotspots that are not in the Wi-Fi community.
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify the combo, such that wherein the second priority value is associated with a higher priority than the first priority value based on the second network being a private network and the first network being a public network, to provide the ability for the user to select a private network over public networks (knowing that private networks are typically higher speed networks and provide more robust services).
NOTE that claims 38, 40 and 49 put forth the two networks being private/public, which is the same as the other claims listed here, so they are grouped together.
As per claim 35, the combo fails to teach what Fitzpatrick US 2015/0215832 adjusting the time period based on the second location of the wireless network.[the mobile can understand what network it is connect to (ie. cellular in #412, Fig. 4), determine its location (#420), understand what networks are nearby (and the speeds they offer, figure 2) and monitor apps the user wishes to use (#812, figure 8. and correlate all that to which network should be selected (#814). One skilled sees that the user will be instructed to wait as per Fitzpatrick and/or Kill/Rahim so that it can connect to the most optimal network. FOR EXAMPLE: if the user wishes to watch a movie, it will require high download speeds, hence it would be instructed to wait until it reaches an area closer to the WiFi access point in figure 2.
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify the combo, such that wherein the determining to wait the time period is further based on a location of the wireless device, to provide the ability to understand where the mobile is and if it should wait to find a more optimal network to connect to.
NOTE that Meyer or Chhabra or Algrem previously taught adjusting roaming parameters to optimize communications. Hence the wait time period would be adjusted based on parameters such as priority, data rate, RSSI, etc. of the second network.
As per claim 46, the combo fails to teach what Fitzpatrick US 2015/0215832 discloses wherein the determining to wait a time period is further based on a geo-fence in which the wireless device is located. [coverage areas (ie. “geo-fenced” areas/location)s that provide differing speeds of communications (See figure 2), which he discusses below in Para #47 where he notes that the closer the mobile is to the access point, the higher the data speed:
[0074] Fig. 2 illustrates that a Wi-Fi access point 202 may provide varying link speeds based on the radio link quality (e.g., signal-to-interference plus noise ratio (SINR), etc.) between the access point 202 and the UE 102 device (wireless device). The radio link quality (and thus link speed) is primarily related to the physical distance between the access point 202 and wireless device. This is illustrated in Fig. 2 via concentric circles 204-212 that identify borders of decreasing link speeds as the wireless device moves further away from the access point 202. As an example of decreasing link speeds, the access point 202 may implement the 802.11g standard/specification having link rates of 54 Mbps, 48 Mbps, 36 Mbps, 24 Mbps, 18 Mbps, 12 Mbps, 9 Mbps, and 6 Mbps.
Fitzpatrick further teaches in Figure 4b that the mobile can receive a beacon frame from the access point #414 and also determine its location #420 to figure out if a valid criteria is “TRUE”. Hence one skilled can use these teaching to apply a method/process (figure 8) where the network selection criteria is sent to the mobile #810 and applications are monitored #812 and the correct/optimal network is selected for each application #814, hence the mobile can be instructed to wait a time period based on a geo-fenced area in which the mobile is located, ie. to at least understand where the mobile is located and if it wants to use an application that requires a higher data transmission rate. FOR EXAMPLE, if the mobile wishes to watch a movie, it would desire the highest data rate possible to download the movie – if it was at the outer ring of figure 2 (6Mbps), it would wait until it moved closer to the access point #202 as based on the “geo-fencing” (ie. coverage area) it is currently located at versus moving toward the inner ring(s) – per figure 8 monitoring the apps being used and optimizing the network selected (NOTE that figure 4 shows the user is connect to low-rate cellular #412 and can switch to WiFi based on the example above).
It would have been obvious to one skilled in the art at the time of the invention's filing date, to modify the combo, such that wherein the determining to wait a time period is further based on a geo-fence in which the wireless device is located, to provide the ability to understand the data communications support in the local area and decide if it should wait for a more optimum communications system (BTS/AP).
Response to Arguments
Applicant's arguments filed 8/24/2026 have been fully considered but they are not persuasive.
In response to pages 11-14, the applicant states that Ground 1, (1) “adjusting …. A threshold value” based on the movement to a high priority area associated with the UE. In reply, examiner disagrees with applicant because Chhabra maintains a database of overlapping networks that includes geographic/location, Par. 0018, 0055-0056. Based on the database, the UE determines if it is near or moved into a high priority area associated with the UE based on its determined current location. Such as the UE’s home prior network or other preferred network, Par. 0036-0038 and 0066. Upon the UE’s determined, the UE adjusts the proximity threshold in order to decide whether to search for higher priority network wherein the threshold is expressly described as static or dynamic configurable such as 50 to 300 m, Par. 0066-0067. The above teaching read on adjustment of a threshold value based on determining that the UE has moved to a second location that is a high priority area associated with the UE. (2) “based om the first priority value … being below the adjusted threshold value waiting … for period time”. In reply, the examiner disagrees with applicant because when a network is discovered, the UE checks if a higher priority overlapping network is available by using the location database and the adjusted proximity/priority condition. If the condition are not met, the UE does not accept a first network, then it performs a number of searching to look for high priority network “read on waiting intervals”, See Fig 4, 0022, 0066-0069. So, the teaching above read on waiting interval before accepting lower or continuing search for higher. Since, Ota discloses priority value in the beacon is incorporates into the teaching of Chhabra such as the location adjusted proximity/priority condition in order to comparing the priority value with the location adjusted ed threshold condition following by waiting interval when value is not met, Par. 0066-0070. For Ground 2, the arguments are not persuasive for the same reasons regarding adjusting and waiting limitation as discloses by Chhabra and Ota in .
So, the teaching of Chhabra and Ota perform the claimed invention and Jonker US 2007/0275701 and further in view of Ota et al. US 2011/0222518 and {Rahim US 2007/0060125 or Kill et al. EP 2753128} and Chhabra [US 2014/0003408] and {Meyer US 2008/0293405 or Chhabra et al. US 2013/0150012 or Almgren US 2006/0003763} perform the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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