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 .
Response to Argument
Applicant’s arguments see pages 6-9 filed on October 7, 2025 have been fully considered but they are not persuasive.
A. Rejection under 35 U.S.C. 103 (Shen ‘741, Cloutier ‘974 and Haleem ‘422)
Regarding amended independent claim 1, applicant argued that “...IVSD 20 is not a hotspot, but effectively operates as a local area network extender for the RSH 40 within the vehicle 10 using local area wireless network standards…” (remarks page 7-8).
Examiner respectfully disagrees, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 in particular Shen ‘741 teaches([0033], [0042], [0068] and Figs. 5-11), a IVSD that can act as an in-vehicle smart device that connects to roadside access devices and use in vehicle wired or wireless connections to provide an in-vehicle network connection for other in-vehicle devices. Thus, by providing network connections to other user devices within a vehicle the IVSD functions as an RF hotspot within the vehicle.
In response to applicants’ argument that “…Shen is silent on the process of “transmitting a request to register as a hotspot” …”. (remarks page 8-9)
Shen ‘741 discloses ([0033], [0042], [0068] and Figs. 5-11) that the IVSD must initiate an ‘association request” to the RSH to set up a connection. Furthermore, the IVSD performs “user authentication” by communicating with the RSH or a “cloud management server”. Under BRI, the request to associate and authenticate with the network in order to begin providing internet connection for in-vehicle user is functionally equivalent to the claimed “request to register as a hotspot”.
In response to applicants’ argument that” …the “unique index” in Shen is not a “miner tag…” (remarks page 8-9).
Shen ‘741 teaches ([0009], [0068], [0072]), the RSH sends a “unique index” to the IVSD during association. This index is used by the network to select a “unique subset of network connection parameters “and to uniquely identify the device for management and authentication. Because this index uniquely identifies the hotspot device (IVSD) as valid node within a network, it reads on the technical structure of the clamed tag. As clarified in the Haleem ‘422 reference, the specific term “miner” is a functional description related to an intended use which does not distinguish the technical operation of the tag from the unique identifier/index taught by Shen ‘741. Thus, the combined system of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches applicants argued claim limitations. Rejection of Claims 1-3, 5-12 and 14-17 under 35 U.S.C. 103 is therefore maintained.
Regarding amended independent claim 10, Applicant has provided the same arguments as presented in claim 1. The Examiner applies the same reasoning presented in relation to claim 1.
Regarding dependent claims 2-4, 5-9, 11-13 and 14-17 the Applicant argues these claims conditionally on that of their parent independent claims.
Applicant's arguments are unpersuasive and, therefore, the rejections of these claims are hereby maintained.
B. Rejection under 35 U.S.C. 103 rejection (Shen ‘741 in view of Haleem ‘422)
Regarding claims 18-20 Applicant has provided the same arguments as presented in claim 1. The Examiner applies the same reasoning presented in relation to claim 1.
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, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al(US 2019/0268741 A1) in view of Cloutier (US 2015/0215974 A1) and in view of Haleem et al(US 2019/0208422 A1).
Regarding claim 1, Shen ‘741 teaches, a radio frequency (RF) hotspot device([0035]-[0038] Figs. 1-12, in-vehicle smart device (IVSD) for providing hotspot to devices in a vehicle), comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising([0035]-[0038], Fig. 2, IVSD comprising CPU 260 and storage 270):
transmitting a request to register as a hotspot for a network, wherein the hotspot provides backhaul to one or more core network devices in the network ([0033], [0042], [0068] and Figs. 5-11, the IVSD transmitting association and authentication request to the RSH, where the RHS provides backhaul internet access connection and acts as a network gateway to the core network); receiving, in response to the request, a hotspot miner tag that uniquely identifies the hotspot device as a valid miner hotspot within the network( [0068], [0072] and Figs. 5-11, in response to the association request the IVSD receiving unique index, which uniquely identifies the IVSD within the network);
establishing a backhaul in the network for providing Internet connectivity responsive to receiving, from the one or more core network devices, authorization to operate the backhaul in the network based on a successful authentication of the hotspot device([0012], [0069] and Figs, 5-11, the IVSD sets up the wireless connection and accesses the network only when receiving the confirmation message of successful authentication from the RSH or cloud management server);
providing coverage in a first RF spectrum to mobile devices operating in the first RF spectrum([0033], [0040] and Figs. 1-5, the IVSD providing Wi-Fi coverage to mobile stations in the vehicle); and tagging traffic of the mobile devices sent over the backhaul ([0037], [0073], [0085]-[0087] and Figs. 5, 11-13, the IVSD tagging traffic to be transmitted over the backhaul via RHS), wherein the tagging comprises the hotspot miner tag and an index tag that identifies a type of the traffic and a mobile device sending the traffic([0072], [0073], [0085]-[0087] and Figs. 5, 11-13, the IVSD tagging traffic to be transmitted over the backhaul via RHS, the tagging includes type of traffic( i.e. high priority vs low priority traffic) and information associated with identification of the transmitting station).
Shen ‘741 does not explicitly teach, wherein the hotspot provides backhaul to one or more core network devices in the network.
Cloutier ‘974 teaches, wherein the hotspot provides backhaul to one or more core network devices in the network ([0030], [0031] and Figs. 1-4, mobile hotspot device (MHD) 22 providing backhaul to the cellular network).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Shen ‘741, by incorporating the teaching of Cloutier ‘974, since such modification would provide a mechanism for facilitating access to a service provider network by integrating mobile subscriber devices into the service provider network, and thereby extending the reach of the service provider network to any location that a subscriber's device is enabled, as suggested by Cloutier ‘974([0006]).
The combination of Shen ‘741 and Cloutier ‘974 does not explicitly teach, hotspot miner tag.
Haleem ‘422 teaches, hotspot miner tag ([0036], [0051], and Figs. 1, 5, 6, a provider such as the miner 120 may be uniquely identified by a hash value).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shen ‘741 and Cloutier ‘974, by incorporating the teaching of Haleem ‘422, since such modification would provide a method for providing and using a decentralized network, as suggested by Shen ‘741([0024]).
Regarding claims 2 and 11, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Shen ‘741 further teaches, wherein the operations further comprise providing a first quality of service (QoS) for the traffic of the mobile devices ([0085], [0087] and Figs. 11-13, providing quality of service by providing priority based on type of traffic).
Regarding claims 3 and 12, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Shen ‘741 further teaches, wherein a first mobile device is operated by a subscriber of the network, and wherein the operations comprise providing a second QoS for a first traffic of the first mobile device ([0065], [00067] and Figs. 11-13, data traffic from mobile station that is associated with ISP being given higher priority indicator tag).
Regarding claim 5, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Shen ‘741 further teaches, wherein the operations further comprise requesting the second QoS for the first traffic from the network ([0065], [00067], [0068] and Figs. 11-13, the RSH requesting priority transmission for specific type of traffic (e.g. voice)).
Regarding claims 6 and 15, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, wherein the operations further comprise receiving tokens for an owner of the hotspot device for providing validated coverage for traffic of mobile devices operating in the first RF spectrum ([0031], [0032], [0035], providers earning tokens for providing validated coverage).
Regarding claim 7, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, wherein a type of traffic affects remuneration of tokens ([0032], [0035]-[0037], the amount of token a provider earns depend on the type data traffic handled by the provider).
Regarding claim 8, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Cloutier ‘974 further teaches, wherein the network is a cellular network ([0030], [0031] and Figs. 1-4, mobile hotspot device (MHD) 22 providing backhaul to the cellular network).
Regarding claim 9, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, wherein the processing system comprises a plurality of processors operating in a distributed computing environment ([0040], [0120], a distributed computing network system disclosed).
Regarding claim 10, Shen ‘741 teaches, a non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising ([0041]-[0043] and Figs. 1, 3, 5, the RSH for processing request and data received from IVSD):
receiving a request for providing an Internet backhaul by a radio frequency (RF) access point that provides coverage in a first RF spectrum to mobile devices operating in the first RF spectrum ([0067], [0072], [0073] and Figs. 5-8, the RHS receiving registration and connection request from IVSD, wherein the IVSD provides Wi-Fi connection the mobile devices in the vehicle), authorizing the RF access point to establish the Internet backhaul and providing a hotspot miner tag to the RF access point ([0067], [0072], [0073] and Figs. 5-8, the RHS registers the IVSD and provides unique index which uniquely identifies the IVSD device); wherein the hotspot miner tag uniquely identifies the hotspot device as a valid miner hotspot within the network( [0068], [0072] and Figs. 5-11, IVSD receiving unique index, which uniquely identifies the IVSD within the network); and
identifying traffic of the mobile devices through the RF access point to the cellular network from the hotspot miner tag and an index tag, wherein the index tag uniquely identifies the traffic of each of the mobile devices([0072], [0073], [0085]-[0087] and Figs. 5, 11-13, the IVSD tagging traffic to be transmitted over the backhaul via RHS, the tagging includes type of traffic( i.e. high priority vs low priority traffic) and information associated with identification of the transmitting station).
Shen ‘741 does not explicitly teach, wherein the RF access point uses a cellular network for the Internet backhaul to provide Internet connectivity to the mobile devices.
Cloutier ‘974 teaches, wherein the RF access point uses a cellular network for the Internet backhaul to provide Internet connectivity to the mobile devices ([0030], [0031] and Figs. 1-4, mobile hotspot device (MHD) 22 providing internet connectivity to client devices 36 using cellular network as a backhaul).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Shen ‘741, by incorporating the teaching of Cloutier ‘974, since such modification would provide a mechanism for facilitating access to a service provider network by integrating mobile subscriber devices into the service provider network, and thereby extending the reach of the service provider network to any location that a subscriber's device is enabled, as suggested by Cloutier ‘974([0006]).
The combination of Shen ‘741 and Cloutier ‘974 does not explicitly teach, validating the coverage of the RF access point in the first RF spectrum using other access points and/or mobile devices operating in the first RF spectrum.
Haleem ‘422 teaches, validating the coverage of the RF access point in the first RF spectrum using other access points and/or mobile devices operating in the first RF spectrum ([0053], [0074], [0084], Figs. 1, 5, 6 proof of coverage being validated by other providers 140(AP)).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shen ‘741 and Cloutier ‘974, by incorporating the teaching of Haleem ‘422, since such modification would provide a method for providing and using a decentralized network, as suggested by Shen ‘741([0024]).
Regarding claim 10, Shen ‘741 teaches, a non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising ([0041]-[0043] and Figs. 1, 3, 5, the RSH for processing request and data received from IVSD):
receiving a request for providing an Internet backhaul by a radio frequency (RF) access point that provides coverage in a first RF spectrum to mobile devices operating in the first RF spectrum ([0067], [0072], [0073] and Figs. 5-8, the RHS receiving registration and connection request from IVSD, wherein the IVSD provides Wi-Fi connection the mobile devices in the vehicle), authorizing the RF access point to establish the Internet backhaul and providing a hotspot miner tag to the RF access point ([0067], [0072], [0073] and Figs. 5-8, the RHS registers the IVSD and provides unique index which uniquely identifies the IVSD device); and
identifying traffic of the mobile devices through the RF access point to the cellular network from the hotspot miner tag and an index tag, wherein the index tag uniquely identifies the traffic of each of the mobile devices([0072], [0073], [0085]-[0087] and Figs. 5, 11-13, the IVSD tagging traffic to be transmitted over the backhaul via RHS, the tagging includes type of traffic( i.e. high priority vs low priority traffic) and information associated with identification of the transmitting station).
Shen ‘741 does not explicitly teach, wherein the RF access point uses a cellular network for the Internet backhaul to provide Internet connectivity to the mobile devices; validating the coverage of the RF access point in the first RF spectrum using other access points and/or mobile devices operating in the first RF spectrum.
Haleem ‘422 teaches, wherein the RF access point uses a cellular network for the Internet backhaul to provide Internet connectivity to the mobile devices( [0098], providing cellular network backhaul to mobile devices); validating the coverage of the RF access point in the first RF spectrum using other access points and/or mobile devices operating in the first RF spectrum([0053], [0074], [0084], Figs. 1, 5, 6 proof of coverage being validated by other providers 140(AP)).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Shen ‘741, by incorporating the teaching of Haleem ‘422, since such modification would provide a method for providing and using a decentralized network, as suggested by Shen ‘741([0024]).
Regarding claim 14, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Shen ‘741 further teaches, wherein the operations further comprise facilitating the RF access point to provide the second QoS for the first traffic ([0065], [00067], [0068] and Figs. 11-13, providing priority transmission for specific type of traffic (e.g. voice)).
Regarding claim 16, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, wherein the tokens can be exchanged for a fiat currency ([0039], token may be traded on exchanges and/or stored with various wallets. For example, the token can be exchanged for other currencies such as Bitcoin (BTC), Ethereum (ETH), and the United States dollar (USD)).
Regarding claim 17, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, wherein the processing system comprises a plurality of processors operating in a distributed computing environment ([0040], [0120], a distributed computing network system disclosed).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shen ‘741, Cloutier ‘974 and Haleem ‘422 as applied to claims above, and further in view of Razoumov et al (US 2012/0058742 A1).
Regarding claims 4 and 13, the combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 teaches all of the claim limitations Cloutier ‘974 further teaches, wherein the first traffic comprises voice communications ([0047] and Fig. 5, voice communication via the MHD).
The combination of Shen ‘741, Cloutier ‘974 and Haleem ‘422 does not teach, wherein the second QoS comprises standards of the network for a voice call, and wherein the standards comprise a bandwidth, latency, and error rate for intelligible voice communications.
Razoumov ‘742 teaches, wherein the first traffic comprises voice communications, wherein the second QoS comprises standards of the network for a voice call, and wherein the standards comprise a bandwidth, latency, and error rate for intelligible voice communications ([0039], [0068], providing QoS for a voice communication based on the parameters bandwidth, latency, and error rate).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Shen ‘741, by incorporating the teaching of Razoumov ‘742, since such modification would provide a system for dynamically assigning a request for wireless communication service, as suggested by Razoumov ‘742([0003]).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al(US 2019/0268741 A1) in view of Haleem et al(US 2019/0208422 A1).
Regarding claim 18, Shen ‘741 teaches, a method, comprising: provisioning, by a processing system including a processor, a crypto-mining hotspot with a hotspot miner tag( [0067], [0072], [0073] and Figs. 5-8, the RHS registers the IVSD and provides unique index which uniquely identifies the IVSD device); receiving, by the processing system, a user equipment registration from the crypto-mining hotspot for a communications network, wherein the user equipment registration includes the hotspot miner tag( [0067], [0072], [0073] and Figs. 5-8, the IVSD registering with a wireless network using unique index which uniquely identifies the IVSD device); comparing, by the processing system, the hotspot miner tag to stored information generated during the provisioning ([0072]- [0074] and Figs. 5-8, the RSH comparing unique index, identifying the IVSD with stored information);
responsive to the hotspot miner tag matching the stored information, authorizing, by the processing system, the crypto-mining hotspot to operate in the communications network [0072]-[0074] and Figs. 5-8, the RSH comparing unique index, identifying the IVSD with stored information and when information matches authorizing the IVSD to access the network 130 via a backhaul); and generating records, by the processing system, of traffic managed by the crypto- mining hotspot ([0047], [0049] and Fig. 4, the RHS recoding data traffic information).
Haleem ‘422 teaches, a crypto-mining hotspot with a hotspot miner tag ([0036], [0051], and Figs. 1, 5, 6, a provider such as the miner 120 may be uniquely identified by a hash value).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Shen ‘741, by incorporating the teaching of Haleem ‘422, since such modification would provide a method for providing and using a decentralized network, as suggested by Shen ‘741([0024]).
Regarding claim 19, the combination of Shen ‘741 and Haleem ‘422 teaches all of the claim limitations, Shen ‘741 further teaches, adjusting, by the processing system, a quality of service for the traffic based on a type of the traffic ([0085], [0087] and Figs. 11-13, providing quality of service by providing priority based on type of traffic).
Regarding claim 20, the combination of Shen ‘741 and Haleem ‘422 teaches all of the claim limitations, Haleem ‘422 further teaches, awarding, by the processing system, tokens based on a volume of the traffic ([0032], [0035]- [0037], the amount of token a provider earns depend on the type data traffic handled by the provider).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/AWET HAILE/Primary Examiner, Art Unit 2474