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 .
DETAILED ACTION
a. Claims 1-20 in the present application, filed on or after March 16, 2013, are being examined under the first inventor to file provisions of the AIA .
- claim 9 is canceled
- claim 12 is amended
b. This is a third non final action on the merits based on Applicant’s claims submitted on 04/27/2026.
Response to Arguments
Regarding independent claims 1 and 13 previously rejected under 35 U.S.C. § 103, Applicant's arguments, see “In light of the above, the applicant believes that Wang fails to explicitly teach the claimed limitation "if the cellular information of the tethering device is updated so that a supported bandwidth is changed, the power manager dynamically determines a second tethering mode with different supported speed or bandwidth according to the updated cellular information, and the tethering manager uses the second tethering mode to configure the at least one interface of the tethering device"” on page 9, filed on 04/27/2026, with respect to British Telecom Foreign Patent EP3343962 (hereinafter “British Telecom”) in view of Wang et al. US Pub 2024/0064776 (hereinafter “Wang”), have been fully considered and are persuasive. Therefore, the previous rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Park et al. US Pub 2019/0357277 (hereinafter “Park”), in combination with previously applied reference British Telecom. See section Claim Rejections - 35 USC § 103 below for complete details.
Claim Rejections - 35 USC § 103
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 of this title, 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-4, 6-8, 10- 11, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over British Telecom Foreign Patent EP3343962 (hereinafter “British Telecom”), and in view of Park et al. US Pub 2019/0357277 (hereinafter “Park”).
Regarding claim 1
British Telecom discloses a controller (“Figure 4 shows the components of an auto tether controller 35, 55 in the first embodiment.” [0048]) of a tethering device (“Figure 3 shows an example of the data path between the third mobile device 21 (a tether client) and the first mobile device 3 (a tether provider) when the tether link has been established as shown in Figure 2.” [0036]), comprising:
a power manager (i.e. “tether setup manager 97” in Fig. 4 and furthermore determining which tethering interface would be best for a tethering power requirement “If tether clients are available at both the WiFi and Bluetooth interfaces, WiFi will only be selected if the mobile device is charging from a power source or if it is not charging but has sufficient battery power, for example 60%. Otherwise Bluetooth is selected. This is because WiFi can provide a faster data speeds although it can use more power than Bluetooth.” [0101]); and
a tethering manager (i.e. “mode selector 83” in Fig. 4; “a mode selector 83 which determines from the inputs whether to enable the auto tether function and which mode to use” [0049]), configured to use the first tethering mode to configure at least one interface of the tethering device, wherein the at least one interface (e.g. “USB 41, 59, Bluetooth 43 61, WiFi 45, 63 and cellular 37, 57 interfaces” [0053]) of the tethering device is used to communicate with an electronic device (“the device is connected to a base station” [0047]), and the electronic device shares the cellular network of the tethering device via the at least one interface (“The mode selector 83, tether requestor function 85 and the tether provider function 91 are linked to a local interface controller and routing table 99 for controlling the data paths during the tether operations. The local interface controller and routing table 75 connects the auto tether controller to the OS 33, 53, and network interfaces of the mobile device such as USB 41, 59, Bluetooth 43 61, WiFi 45, 63 and cellular 37, 57 interfaces of the mobile device.” [0053]);
British Telecom does not specifically teach a power manager configured to receive cellular information of a cellular network of the tethering device, and determine a first tethering mode from a plurality of tethering modes according to the cellular information; wherein if the cellular information of the tethering device is updated so that a supported bandwidth is changed, the power manager dynamically determines a second tethering mode with different supported speed or bandwidth according to the updated cellular information, and the tethering manager uses the second tethering mode to configure the at least one interface of the tethering device.
In an analogous art, Park discloses a power manager (“a power management module 295” [0039]; see Fig. 2) configured to receive cellular information of a cellular network of the tethering device (“The tethering-providing device 401 and the tethering-receiving device 402 may exchange information related to the states thereof (e.g., the operation state, the battery state, or the like) or information related to the network state (e.g., the connection state, the amount of data usage, or the like) with each other through the BLE communication connection.” [0055]), and determine a first tethering mode from a plurality of tethering modes according to the cellular information (“The tethering-providing device 401 includes a first communication circuit (not shown) for performing a communication connection 418 with the external network 426 and a second communication circuit (not shown) for performing a tethering connection 412, 414, or 416 with the tethering-receiving device 402 connected to the tethering-providing device 401. The second communication circuit (not shown) may include one or more communication interfaces (not shown), and the tethering-providing device 401 may perform the tethering connection 412, 414, or 416 through the one or more communication interfaces (not shown). For example, the one or more communication interfaces (not shown) may include at least one of bluetooth low energy (BLE), bluetooth (BT) (e.g., the BT module 225 shown in FIG. 2), or wireless fidelity (WiFi) (e.g., the WiFi module 223 shown in FIG. 2).” [0050]);
wherein if the cellular information of the tethering device is updated so that a supported bandwidth is changed, the power manager dynamically determines a second tethering mode with different supported speed or bandwidth according to the updated cellular information, and the tethering manager uses the second tethering mode to configure the at least one interface of the tethering device (“When a tethering connection scheme through a first communication interface (e.g., BLE) (e.g. first tethering mode) is selected for a tethering connection based on the state information 1000a of the electronic device 1002 described above, the state information 1030 of the first communication interface may show that the type of network is BLE, the maximum network speed that can be supported by BLE is 10 Kbps, the currently expected network speed is 10 Kbps, and the expected usable battery time is 13 hours. In addition, when a tethering connection scheme through a second communication interface (e.g., BT (classic BT)) (e.g. second tethering mode) is selected for a tethering connection, the state information 1020 on the second communication interface may show that the type of network is BT, the maximum network speed that can be supported by BT is 150 Kbps (i.e. dynamically regulate supported bandwidth), the currently expected network speed is 150 Kbps, and the expected usable battery time is 10 hours (i.e. dynamically regulate power requirement). In addition, when a tethering connection scheme through a third communication interface (e.g., WiFi) is selected for a tethering connection, the state information 1010a of the third communication interface may show that the type of network is WiFi, the maximum network speed that can be supported by the WiFi is 10 Mbps, the currently expected network speed is 160 Kbps, and the expected usable battery time is 2 to 3 hours.” [0232]; [0235]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify British Telecom’s method for automatic mobile device, to include Park’s electronic device capable of providing a tethering service through different wireless communication interfaces and a corresponding tethering connection method, in order to determine when to switch tethering communication protocol (Park [Abstract]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Park’s electronic device capable of providing a tethering service through different wireless communication interfaces and a corresponding tethering connection method into British Telecom’s method for automatic mobile device since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 2
British Telecom, as modified by Park, previously discloses the controller of claim 1,
Park further discloses wherein the cellular information comprises a radio access technology (RAT) currently used by the tethering device (“the wireless communication may include cellular communication that uses at least one of LTE, LTE-A (LTE advance), code division multiple access (CDMA), wideband CDMA (WCDMA), universal mobile telecommunications system (UMTS), wireless broadband (WiBro), global system for mobile communications (GSM), or the like.” [0031]), a band currently used by the tethering device, and/or a real network speed of the tethering device (“the wireless communication may include at least one of, for example, wireless fidelity second selection criterion (WiFi), light fidelity (LiFi), bluetooth, bluetooth low energy (BLE), ZigBee, near field communication (NFC), magnetic secure transmission, radio frequency (RF), or a body area network (BAN)” [0031]).
Regarding claim 3
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein the interface of the tethering device is a Wi-Fi interface (“Tethering is a process whereby a mobile device can connect to, and use another nearby device's cellular data link where its own connection to the cellular network is not available via a short range local device communication path. Additionally, tethering can be used for other classes of user entity such as tablets and laptop computers which do not have cellular network interfaces but can tether using WiFi™, USB or Bluetooth™.” [0008]),
the power manager refers to the cellular information to select the first tethering mode from the plurality of tethering modes (“the tether setup manager updates the local interface controller and routing table 99 with a set of rules” [0112] and furthermore “The mode selector 83, tether requestor function 85 and the tether provider function 91 are linked to a local interface controller and routing table 99 for controlling the data paths during the tether operations. The local interface controller and routing table 75 connects the auto tether controller to the OS 33, 53, and network interfaces of the mobile device such as USB 41, 59, Bluetooth 43 61, WiFi 45, 63 and cellular 37, 57 interfaces of the mobile device.” [0053]).
Park further discloses wherein the plurality of tethering modes comprise different combinations of antenna modes, bandwidths, and/or bands for the Wi-Fi interface (“when a tethering connection scheme through a third communication interface (e.g., WiFi) is selected for a tethering connection, the state information 1010a of the third communication interface may show that the type of network is WiFi, the maximum network speed that can be supported by the WiFi is 10 Mbps, the currently expected network speed is 160 Kbps, and the expected usable battery time is 2 to 3 hours.” [0232]).
Regarding claim 4
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein the interface of the tethering device is an Universal Serial Bus (USB) interface (“USB 41, 59” in Fig. 3; [0053]),
the power manager refers to the cellular information to select the first tethering mode from the plurality of tethering modes (“the tether setup manager updates the local interface controller and routing table 99 with a set of rules” [0112] and furthermore “The mode selector 83, tether requestor function 85 and the tether provider function 91 are linked to a local interface controller and routing table 99 for controlling the data paths during the tether operations. The local interface controller and routing table 75 connects the auto tether controller to the OS 33, 53, and network interfaces of the mobile device such as USB 41, 59, Bluetooth 43 61, WiFi 45, 63 and cellular 37, 57 interfaces of the mobile device.” [0053]), and wherein the plurality of tethering modes comprise different combinations of connection types, speed modes, and/or transfer queue parameters for the USB interface (“one provider may offer a USB connection restricted to a low bandwidth” [0102]).
Park further discloses wherein the interface of the tethering device is an Universal Serial Bus (USB) interface, and wherein the plurality of tethering modes comprise different combinations of connection types, speed modes, and/or transfer queue parameters for the USB interface (“the wired communication may include at least one of a universal serial bus (USB),” [0031]).
Regarding claim 6
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein the power manager determines the first tethering mode whose corresponding bandwidth of the interface is lower than or closest to a cellular bandwidth of the tethering device from a plurality of tethering modes (“Permission Parameters/thresholds relating to whether tethering is allowed to be provided: Cellular status
∘ Cellular reception strength, e.g. - do not offer tethering if the backhaul link is below 5Mbps
∘ Remaining data allowance, e.g. do not provide tethering is there is less than 500Mb allowance remaining.
Other parameters can be defined relating to the operation of the tether provider in offering and providing tethering.” [0057-0058]).
Regarding claim 7
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein the power manager receives the cellular information and usage information of the tethering device, and determines the first tethering mode according to the cellular information and the usage information (“Other parameters can be defined relating to the operation of the tether provider in offering and providing tethering.
Performance Parameters related to the tethering service when allowed:
A data cap/limit value for how much data from the user's data subscription plan is allowed to be used for tethering
Data rate cap on bandwidth offered
Rules for a tether request when the user has fully used their data allowance
Tether interface priority-default is USB, WiFi, Bluetooth.” [0058-0059])
Regarding claim 8
British Telecom, as modified by Park, previously discloses the controller of claim 7,
British Telecom further discloses wherein the usage information comprises network usage statistics indicating the flow of signal transmission/reception (“In this embodiment, the definable parameters include:
Permission Parameters/thresholds relating to whether tethering is allowed to be provided:
Time
∘ Times when tethering is automatically allowed
∘ Times when tethering is automatically rejected
∘ Times where the user of the tether provider device must manually accept or reject the session
Device status
∘ Battery life considerations, e.g. do not offer tethering if the battery level is below 20%
∘ Processing load, e.g. do not offer tethering if the processing load is above 80%.” [0057]).
Regarding claim 10
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein the power manager determines the second tethering mode (“Performance Parameters related to the tethering service when allowed: Tether interface priority-default is USB, WiFi, Bluetooth” [0059]) whose corresponding bandwidth of the interface is lower than or closest to a cellular bandwidth of the tethering device from a plurality of tethering modes (“Permission Parameters/thresholds relating to whether tethering is allowed to be provided: Cellular status
∘ Cellular reception strength, e.g. - do not offer tethering if the backhaul link is below 5Mbps
Other parameters can be defined relating to the operation of the tether provider in offering and providing tethering.” [0057-0058]).
Regarding claim 11
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses wherein if the cellular information of the tethering device is updated, the power manager dynamically determines the second tethering mode according to the updated cellular information and usage information of the tethering device (“the mobile devices involved in tethering are modified so that the tethering interaction can be carried out without user intervention. This enables a data connection to be made available in a more seamless manner and furthermore the created link is formed with knowledge of the type of data connection and likely usage cases during the tether session.” [0025] and furthermore “Different types of application have different levels of bandwidth consumption and this is determined and included in the request. For example, if the device was inactive at the time of connectivity loss, then the request will indicate low expected usage. If there was an active web browsing, then request would indicate medium expected usage and if the user was in a video call or streaming media, then high activity would be indicated.” [0094]).
Regarding claim 13
A control method of a tethering device, comprising: receiving cellular information of a cellular network of the tethering device, and determining a first tethering mode from a plurality of tethering modes according to the cellular information; and
using the first tethering mode to configure at least one interface of the tethering device, wherein the at least one interface of the tethering device is used to communicate with an electronic device, and the electronic device shares the cellular network of the tethering device via the at least one interface;
if the cellular information of the tethering device is updated so that a supported bandwidth is changed, dynamically determining a second tethering mode with different supported speed or bandwidth according to the updated cellular information, and using the second tethering mode to configure the at least one interface of the tethering device.
The scope and subject matter of method claim 13 is drawn to the method of using the corresponding apparatus claimed in claim 1. Therefore method claim 13 corresponds to apparatus claim 1 and is rejected for the same reasons of anticipation as used in claim 1 rejection above.
Regarding claim 14
The control method of claim 13, wherein the cellular information comprises a radio access technology (RAT) currently used by the tethering device, a band currently used by the tethering device, and/or a real network speed of the tethering device.
The scope and subject matter of method claim 14 is drawn to the method of using the corresponding apparatus claimed in claim 2. Therefore method claim 14 corresponds to apparatus claim 2 and is rejected for the same reasons of obviousness as used in claim 2 rejection above.
Regarding claim 15
The control method of claim 13, wherein the interface of the tethering device is a Wi-Fi interface, and the step of receiving the cellular information of a cellular network of the tethering device, and determining the first tethering mode from a plurality of tethering modes according to the cellular information comprises: referring to the cellular information to select the first tethering mode from the plurality of tethering modes, wherein the plurality of tethering modes comprise different combinations of antenna modes, bandwidths, and/or bands for the Wi-Fi interface.
The scope and subject matter of method claim 15 is drawn to the method of using the corresponding apparatus claimed in claim 3. Therefore method claim 15 corresponds to apparatus claim 3 and is rejected for the same reasons of obviousness as used in claim 3 rejection above.
Regarding claim 16
The control method of claim 13, wherein the interface of the tethering device is an Universal Serial Bus (USB) interface, and the step of receiving the cellular information of a cellular network of the tethering device, and determining the first tethering mode from a plurality of tethering modes according to the cellular information comprises: referring to the cellular information to select the first tethering mode from the plurality of tethering modes, wherein the plurality of tethering modes comprise different combinations of connection types, speed modes, and/or transfer queue parameters for the USB interface.
The scope and subject matter of method claim 16 is drawn to the method of using the corresponding apparatus claimed in claim 4. Therefore method claim 16 corresponds to apparatus claim 4 and is rejected for the same reasons of obviousness as used in claim 4 rejection above.
Regarding claim 18
The control method of claim 13, wherein the step of receiving the cellular information of a cellular network of the tethering device, and determining the first tethering mode from a plurality of tethering modes according to the cellular information comprises: determining the first tethering mode whose corresponding bandwidth of the interface is lower than or closest to a cellular bandwidth of the tethering device from the plurality of tethering modes.
The scope and subject matter of method claim 18 is drawn to the method of using the corresponding apparatus claimed in claim 6. Therefore method claim 18 corresponds to apparatus claim 6 and is rejected for the same reasons of obviousness as used in claim 6 rejection above.
Regarding claim 19
The control method of claim 13, wherein the step of receiving the cellular information of a cellular network of the tethering device, and determining the first tethering mode from a plurality of tethering modes according to the cellular information comprises: receiving the cellular information and usage information of the tethering device, and determining the first tethering mode according to the cellular information and the usage information.
The scope and subject matter of method claim 19 is drawn to the method of using the corresponding apparatus claimed in claim 7. Therefore method claim 19 corresponds to apparatus claim 7 and is rejected for the same reasons of obviousness as used in claim 7 rejection above.
Regarding claim 20
The control method of claim 19, wherein the usage information comprises network usage statistics indicating the flow of signal transmission/reception.
The scope and subject matter of method claim 20 is drawn to the method of using the corresponding apparatus claimed in claim 8. Therefore method claim 20 corresponds to apparatus claim 8 and is rejected for the same reasons of obviousness as used in claim 8 rejection above.
Claims 5, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over British Telecom, in view of Park, and further in view of Wang et al. US Pub 2024/0064776 (hereinafter “Wang”).
Regarding claim 5
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom further discloses the power manager refers to the cellular information to select the first tethering mode from the plurality of tethering modes (“the tether setup manager updates the local interface controller and routing table 99 with a set of rules” [0112] and furthermore “The mode selector 83, tether requestor function 85 and the tether provider function 91 are linked to a local interface controller and routing table 99 for controlling the data paths during the tether operations. The local interface controller and routing table 75 connects the auto tether controller to the OS 33, 53, and network interfaces of the mobile device such as USB 41, 59, Bluetooth 43 61, WiFi 45, 63 and cellular 37, 57 interfaces of the mobile device.” [0053]).
British Telecom and Park do not specifically teach wherein the interface of the tethering device is an Ethernet interface, and wherein the plurality of tethering modes comprise different combinations of cable types, low power mode settings, and/or transfer queue parameters for the Ethernet interface.
In an analogous art, Wang discloses wherein the interface of the tethering device is an Ethernet interface (“The tethered connection 114 (also referred to as a downstream link 114) can be established using wired or wireless technologies. For example, a wired connection between the host UE device 102 and a client UE device 104 can be made using a Universal Serial Bus (USB) connection, an Ethernet connection, and so on.” [0035]), and wherein the plurality of tethering modes comprise different combinations of cable types, low power mode settings, and/or transfer queue parameters for the Ethernet interface (“For example, the selection criteria 228 may indicate specific parameters or attributes (e.g., latency, bandwidth, services, SLAs, etc.) of a network slice 118 to be selected for a given client UE device 104.” [0050]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify British Telecom’s method for automatic mobile device, as modified by Park, to include Wang’s network communication tethering mechanism, in order to determine when to switch tethering communication protocol (Wang [0001]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Wang’s network communication tethering mechanism into British Telecom’s method for automatic mobile device since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 12 (Currently Amended)
British Telecom, as modified by Park, previously discloses the controller of claim 1,
British Telecom and Park do not specifically teach wherein the usage information comprises network usage statistics indicating the flow of signal transmission/reception, and the power manager determines if a connection between the tethering device and the electronic device is able to be interrupted according to the usage information, for the determination of the second tethering mode.
In an analogous art, Wang discloses wherein the usage information comprises network usage statistics indicating the flow of signal transmission/reception (“can request to release its current network slice(s) 118 and/or activate a new network slice(s) 118” [0062]), and the power manager determines if a connection between the tethering device and the electronic device is able to be interrupted (“proceeds to deactivate the second network slice 118-2”) according to the usage information, for the determination of the second tethering mode (“A client UE device 104, in at least some embodiments, can request to release its current network slice(s) 118 and/or activate a new network slice(s) 118. For example, the second client UE device 104-2 can send a request to the host UE device 102 using the tethered connection 114-2 to release the second network slice 118-2 activated for the second client UE device 104-2. The host UE device 102 then proceeds to deactivate the second network slice 118-2 and, in at least some embodiments, the associated upstream link 116-2. If the second client UE device 104-2 has requested a new network slice 118, the host UE device 102 activates the new network slice 118 for the second client UE device 104-2 according to the network slice selection techniques described above and establishes a new upstream link 116 if needed.” [0062]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify British Telecom’s method for automatic mobile device, as modified by Park, to include Wang’s network communication tethering mechanism, in order to determine when to switch tethering communication protocol (Wang [0001]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Wang’s network communication tethering mechanism into British Telecom’s method for automatic mobile device since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 17
The control method of claim 13, wherein the interface of the tethering device is an Ethernet interface, and the step of receiving the cellular information of a cellular network of the tethering device, and determining the first tethering mode from a plurality of tethering modes according to the cellular information comprises: referring to the cellular information to select the first tethering mode from the plurality of tethering modes, wherein the plurality of tethering modes comprise different combinations of cable types, low power mode settings, and/or transfer queue parameters for the Ethernet interface.
The scope and subject matter of method claim 17 is drawn to the method of using the corresponding apparatus claimed in claim 5. Therefore method claim 17 corresponds to apparatus claim 5 and is rejected for the same reasons of obviousness as used in claim 5 rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG M NGUYEN whose telephone number is (571)272-8184. The examiner can normally be reached M-F 10:00am - 6:30pm.
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/CHUONG M NGUYEN/Primary Examiner, Art Unit 2411
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