DETAILED ACTION
Remarks
This Action is in response to Applicant’s Request for Continued Examination
(RCE) filed on July 07, 2026. Claims 1, 3-18, 21, 22 and 24 are still pending in the present application.
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 07, 2026 has been entered.
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 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, 3-8, 10-16, 18, 21, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Kanj et al. (US 20130217450 A1), hereinafter Kanj, in view of Lindner et al. (US 20130315107 A1), hereinafter Lindner, further in view of Watson et al. (US 20190141605 A1) hereinafter Watson.
Regarding claim 1, Kanj discloses a method of configuring a User Equipment, UE, the method comprising:
detecting a movement of the UE ((FIG. 6), [0011] "a wireless UE device that may be configured to use radiation pattern information, usage mode information, antenna parametric, etc. as part of a smart antenna application"); ([0018], "such situational data may include but not limited to the wireless UE device's orientation, […], motion or movement associated with the wireless UE device"; [0019], "an accelerometer may be provided that detects movement of the wireless UE device in one or more axes of the device"); and
determining a context of the UE in response to the detected movement ([0019], "an accelerometer may detect movement in the three axes by sensing small voltage changes that occur in the accelerometer during movement in each of the three axes. The voltage changes may then be processed to determine or estimate whether a user of the wireless UE device is walking, cycling, running, in a car, etc. Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device”).
However, Kanj does not disclose classifying whether the detected movement of the UE is purposed or non-purposed; and configuring a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed.
In the same field of endeavor, Lindner discloses classifying whether the detected movement of the UE is purposed or non-purposed, ([0041] “the action that is detected may be the user placing the mobile device down on a stable (and optionally non-moving) surface. In response to this action, the device may remain in an active mode broadcasting received audio from the speaker. While the device is in this active mode, the device may monitor for the presence or proximity of the user, such as by detecting the user's voice, detecting a movement of the device, detecting the use of other device(s) by the user in the vicinity, or using biometric sensors (essentially, the device is intentionally placed (positioned) on a stable surface so it absorbs the user’s activities). [0005], [0046], [0119] As shown in FIG. 15, […] If the mobile device has been moved (i.e., determination block 1512="Yes"), the device processor may determine whether the detected motion corresponds to the first user action in block 1518. For example, the detected motion may correspond to the user moving the device towards his or her ear, indicating an intent to continue the communication. If the detected motion is correlated to the first user action (i.e., determination block 1520="Yes"), the mobile device may resume the communication over the communication channel in block 1522”);
and configuring a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed, ([0080] “[…] “The first mobile device 102 may detect a motion of the device corresponding to the user bringing the handset to his/her ear in block 706. […] In response to this detected motion, the device establish a communication channel with the at least one second mobile device over a second communication pathway in block 708. The second communication pathway may be through a different network or server, or through a different portion of the network”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) to include the detected motion which corresponds to the user moving the device towards his or her ear, disclosed by Lindner. One of ordinary skill in the art would have been motivated to make this modification for the intent of using the wireless UE device, Lindner ([0041]).
However, Kanj as modified by Lindner does not disclose the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication.
In the same field of endeavor, Watson discloses the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication, ([0036] “When the server receives data relating to movement of the smart device out of the predetermined region, the server may determine whether a current time is within a predetermined time period and additionally use this to determine whether app(s) and/or feature(s) should be blocked. […] if the smart device has moved into the predetermined region and the current time is within the predetermined time period, then the server may determine that app(s) and/or feature(s) should be blocked. The server may then communicate instructions to the smart device or the control app at the smart device to block app(s) and/or feature(s)”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) as modified by Lindner to include the current time, disclosed by Watson. One of ordinary skill in the art would have been motivated to make this modification to enable the server to determine, in relation to the movement of the smart device, whether the apps and/or features on the smart device should be blocked, Watson ([0036]).
Regarding claim 3, as applied to claim 1 above, Kanj further discloses comprising: predicting that the user will not use the UE for communication based on the detected movement and the context of the UE; and wherein configuring the wireless communication link based on the context of the UE and the detected movement comprises maintaining a current configuration of the wireless communication link if the user is predicted to not use the UE for communication, ([0019] "it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video" “[…] situational data" which is used to predict, estimate, expect the usage, […], " Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device. By way of illustration, if the user is walking and watching a video, then it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video." [0022] "a usage mode estimator executing on the wireless UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzylogic-based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification." [...] various usage modes including: "placing the wireless UE device in a user's holster", "the device placed in a pocket of the user's clothing"; [0023] "the usage modes that the device is expected to operate in. "Essentially, the configuration will be modified or “not” based on the situational usage of the device and the location/movement. Therefore, if the user is listening to music while bicycling, ‘placing the wireless UE device in a user’s holster’, ‘the device placed in a pocket of th user’s clothing’, it is assumed/predicted that the device will maintain the same use such as listening to music and not change is required; therefore, an antenna configuration is maintained that required music content continuing being delivered to the device. Unless a change is detected where the user removes the UE from the pocket/holster, perhaps stops bicycling and manipulates the UE to make a call/watch a video/play a game, etc. At that point an antenna configuration is changed to accommodate for the specific use (based on the new context or situational use of the UE and the movement towards the user, user’s ear, etc.).
Regarding claim 4, as applied to claim 3 above, Kanj further discloses wherein the current configuration of the wireless communication link comprises an exhaustive search or hierarchical search of available beams at the UE, ((Fig. 3A) and [0014] - [0015] illustrate and describe an exhaustive identification of antennas of the UE for various usage mode. “means for identifying a current usage mode in which the wireless UE device is being used, the wireless UE having one or more antennas adapted for radio communication with a telecommunications network; means for matching the current usage mode with a set of benchmark radiation patterns associated with each of the one or more antennas; and an antenna application module configured to use the matched set of benchmark radiation patterns, whereby the antenna application module may optimize the performance of the wireless UE device, for example, by providing enhanced signal selectivity and directivity”).
Regarding claim 5, as applied to claim 1 above, Kanj further discloses wherein configuring the wireless communication link between the UE and a base station based on the context of the UE and the detected movement comprises: predicting an orientation or range of orientations of the UE based on one or both of the context of the UE and the detected movement; and configuring the wireless communication link between the UE and a base station based on the predicted orientation or range of orientations of the UE, ((FIG. 3A and 3B),[0019] "it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video."; [0022] “a usage mode estimator executing on the wireless UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzy logic- based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification."; [0023] "the usage modes that the device is expected to operate in”).
Regarding claim 6, as applied to claim 5 above, Kanj further discloses comprising predicting the orientation or range of orientations of the UE based additionally on additional movement of the UE after the detecting, ((Fig. 5: 512 beam-steering, beam forming), [0018] “the usage mode includes "location of obstructions such as tunnels, trees, tall buildings, topographic features affecting radio communications, etc., indication of usage of a short-range radio frequency communication subsystem of the wireless UE device (e.g., Bluetooth communications or WiFi communications, etc.),").
Regarding claim 7, as applied to claim 6 above, Kanj further discloses comprising predicting the orientation or range of orientations of the UE based additionally on the additional movement using a pattern matching, linear regression or machine learning algorithm, ([0022] "UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzy-logic-based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification.").
Regarding claim 8, as applied to claim 5 above, Kanj further discloses comprising predicting the orientation or range of orientations of the UE based on the detected movement using a pattern matching, linear regression or machine learning algorithm, ([0022] "UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzy-logic-based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification”).
Regarding claim 10, as applied to claim 1 above, Kanj further discloses, wherein detecting the movement of the UE comprises detecting the movement based on sensor data from at least one of a motion sensor, accelerometer, inertial motion unit, gyroscope, compass and camera, ([0019]- [0020] "an accelerometer may detect movement in the three axes by sensing small voltage changes that occur in the accelerometer during movement in each of the three axes. The voltage changes may then be processed to determine or estimate whether a user of the wireless UE device is walking, cycling, running, in a car, etc. Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device […] if the user is walking and watching a video, then it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video. However, if the user is cycling and listening to online music, it is more likely that the UE device is in a usage mode where the device is in the user's pocket or on his arm or on his body in a holder, holster or a clip and the like").
Regarding claim 11, as applied to claim 1 above, Kanj further discloses, wherein the context of the UE comprises one or more of a current time, a device type of the UE, or whether the UE is receiving or has one or both of: received one or more of an incoming call, notification, text message, email or other communication, or whether a user of the UE has one or more of any calls, meetings, appointments or communications scheduled for a current time, ([0022] “usage modes may include but not limited to: a voice call mode, a video call mode, a data session mode, a multimedia call mode, a Voice over Internet Protocol (VoIP) mode, a speakerphone mode, a mode of positioning the wireless UE device near a user's ear”).
Regarding claim 12, as applied to claim 1 above, Kanj further
discloses, wherein the UE comprises a plurality of antennas, and configuring the wireless communication link based on the context of the UE and the detected movement comprises selecting at least one of the antennas for the wireless communication based on one or both of the context of the UE or the detected movement, (FIGS. 3A and 3B) and [0027] depict example data representations relative to benchmark radiation patterns and SAR parametrics for each antenna and each usage mode of a mobile communications device (i.e., a wireless UE device) […]. Reference numeral 300A refers to a representation of radiation patterns for a plurality of antennas of a wireless UE device that is contemplated for use in a plurality of usage modes. Reference numeral 302 refers to N usage modes whereas reference numeral 304 refers to M antennas. Accordingly, radiation pattern data for such a scenario can theoretically comprise M.times.N patterns, which data can be provided in a number of ways and granularities. For example, the radiation pattern data may be stored as figures or pictures, either 3-D or 2-D representations of polar or rectangular formats. The radiation pattern data may be sub-sampled data or full pattern data, depending on storage requirements and capabilities. By way of example, Rad Pat (1,1) refers to the radiation pattern measured for antenna 1 in usage mode 1. Likewise, Rad Pat (M,N) refers to the radiation pattern measured for antenna M in usage mode N. Accordingly, if a particular usage mode I is identified or otherwise estimated for the wireless UE device based on the collected situational data, a set of M radiation patterns {Rad Pat (1,I); Rad Pat (2,1), […] , Rad Pat (M,I)} may be provided as an input to a smart antenna application executing on the wireless UE device.
Regarding claim 13, as applied to claim 1 above, Kanj further discloses, wherein configuring the wireless communication link based on the context of the UE and the detected movement comprises selecting for measurement a subset of available beams at the UE based on one or both of the context of the UE or the detected movement, ([FIGS. 3A and 3B] and [0027] depict example data representations relative to benchmark radiation patterns and SAR parametrics for each antenna and each usage mode of a mobile communications device (i.e., a wireless UE device) according to an embodiment of the present patent application. Reference numeral 300A refers to a representation of radiation patterns for a plurality of antennas of a wireless UE device that is contemplated for use in a plurality of usage modes. [0034] The array output Y 618 from the combiner 616 may also be compared with a desired signal or signal property, that is, a reference signal 630, in an error signal generator 622 to generate an error signal 624 that is operable as a control input. An adaptive process 612 may be configured to adaptively minimize the error signal 624 and thereby change or modulate the weight vectors W.sub.1 to W.sub.M 614-1 to 614-M according to some max/min criteria. Such modulated weight vectors W.sub.1 to W.sub.M 614-1 to 614-M may be fed back to combine with signals X.sub.1 to X.sub.M 606-1 to 606-M for modulating the scaling process. Essentially, Fig. 6 depicts an antenna system including measurement of an error signal in 622: Given the fact that antennas are selected depending on the usage mode, as illustrated in Fig. 3A.
Regarding claim 14, as applied to claim 13 above, Kanj further discloses, comprising performing one or more measurements on the subset of available beams, (FIGS. 3A and 3B), [0027] depict example data representations relative to benchmark radiation patterns and SAR parametrics for each antenna and each usage mode of a mobile communications device (i.e., a wireless UE device) according to an embodiment of the present patent application. Reference numeral 300A refers to a representation of radiation patterns for a plurality of antennas of a wireless UE device that is contemplated for use in a plurality of usage modes. [0034] The array output Y 618 from the combiner 616 may also be compared with a desired signal or signal property, that is, a reference signal 630, in an error signal generator 622 to generate an error signal 624 that is operable as a control input. An adaptive process 612 may be configured to adaptively minimize the error signal 624 and thereby change or modulate the weight vectors W.sub.1 to W.sub.M 614-1 to 614-M according to some max/min criteria. Such modulated weight vectors W.sub.1 to W.sub.M 614-1 to 614-M may be fed back to combine with signals X.sub.1 to X.sub.M 606-1 to 606-M for modulating the scaling process. Essentially, Fig. 6 depicts an antenna system including measurement of a error signal in 622: Given the fact that antennas are selected depending on the usage mode, as illustrated in Fig. 3A.
Regarding claim 15, as applied to claim 14 above, Kanj further discloses, comprising performing the one or more measurements on the subset of available beams in response to the detected movement, (FIGS. 3A and 3B) and [0027] depict example data representations relative to benchmark radiation patterns and SAR parametrics for each antenna and each usage mode of a mobile communications device (i.e., a wireless UE device) according to an embodiment of the present patent application. Reference numeral 300A refers to a representation of radiation patterns for a plurality of antennas of a wireless UE device that is contemplated for use in a plurality of usage modes. [0034] The array output Y 618 from the combiner 616 may also be compared with a desired signal or signal property, that is, a reference signal 630, in an error signal generator 622 to generate an error signal 624 that is operable as a control input. An adaptive process 612 may be configured to adaptively minimize the error signal 624 and thereby change or modulate the weight vectors W.sub.1 to W.sub.M 614-1 to 614-M according to some max/min criteria. Such modulated weight vectors W.sub.1 to W.sub.M 614-1 to 614-M may be fed back to combine with signals X.sub.1 to X.sub.M 606-1 to 606-M for modulating the scaling process. Essentially, Fig. 6 depicts an antenna system including measurement of an error signal in 622: Given the fact that antennas are selected depending on the usage mode, as
illustrated in Fig. 3A.
Regarding claim 16, as applied to claim 14 above, Kanj further discloses, comprising selecting one or more of the subset of available beams for the wireless communication based on the one or more measurements, (FIGS. 3A and 3B) and [0027] depict example data representations relative to benchmark radiation patterns and SAR parametrics for each antenna and each usage mode of a mobile communications device (i.e., a wireless UE device) according to an embodiment of the present patent application. Reference numeral 300A refers to a representation of radiation patterns for a plurality of antennas of a wireless UE device that is contemplated for use in a plurality of usage modes. [0034] The array output Y 618 from the combiner 616 may also be compared with a desired signal or signal property, that is, a reference signal 630, in an error signal generator 622 to generate an error signal 624 that is operable as a control input. An adaptive process 612 may be configured to adaptively minimize the error signal 624 and thereby change or modulate the weight vectors W.sub.1 to W.sub.M 614-1 to 614-M according to some max/min criteria. Such modulated weight vectors W.sub.1 to W.sub.M 614-1 to 614-M may be fed back to combine with signals X.sub.1 to X.sub.M 606-1 to 606-M for modulating the scaling process. Essentially, Fig. 6 depicts an antenna system including measurement of an error signal in 622: Given the fact that antennas are selected depending on the usage mode, as illustrated in Fig. 3A.
Regarding claim 18, Kanj discloses a non-transitory computer storage medium (FIG. 7: Flash Memory 735 and [0037]), storing a computer program comprising instructions which, when executed on at least one processor (FIG. 7: Micro-Processor 702 and [0036]), cause the at least one processor to:
detect a movement of a UE ([0018], "such situational data may include but not limited to the wireless UE device's orientation, […], motion or movement associated with the wireless UE device"; [0019], "an accelerometer may be provided that detects movement of the wireless UE device in one or more axes of the device"); and
determine a context of the UE in response to the detected movement ([0019], "an accelerometer may detect movement in the three axes by sensing small voltage changes that occur in the accelerometer during movement in each of the three axes. The voltage changes may then be processed to determine or estimate whether a user of the wireless UE device is walking, cycling, running, in a car, etc. Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device”).
However, Kanj does not disclose classify whether the detected movement of the UE is purposed or non-purposed; and configure a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed.
In the same field of endeavor, Lindner discloses classify whether the detected
movement of the UE is purposed or non-purposed, ([0041] “the action that is detected may be the user placing the mobile device down on a stable (and optionally non-moving) surface. In response to this action, the device may remain in an active mode broadcasting received audio from the speaker. While the device is in this active mode, the device may monitor for the presence or proximity of the user, such as by detecting the user's voice, detecting a movement of the device, detecting the use of other device(s) by the user in the vicinity, or using biometric sensors (essentially, the device is intentionally placed (positioned) on a stable surface so it absorbs the user’s activities). [0005], [0046], [0119] As shown in FIG. 15, […] If the mobile device has been moved (i.e., determination block 1512="Yes"), the device processor may determine whether the detected motion corresponds to the first user action in block 1518. For example, the detected motion may correspond to the user moving the device towards his or her ear, indicating an intent to continue the communication. If the detected motion is correlated to the first user action (i.e., determination block 1520="Yes"), the mobile device may resume the communication over the communication channel in block 1522”);
and configure a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed, ([0080] “[…] “The first mobile device 102 may detect a motion of the device corresponding to the user bringing the handset to his/her ear in block 706. […] In response to this detected motion, the device establish a communication channel with the at least one second mobile device over a second communication pathway in block 708. The second communication pathway may be through a different network or server, or through a different portion of the network”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) to include the detected motion which corresponds to the user moving the device towards his or her ear, disclosed by Lindner. One of ordinary skill in the art would have been motivated to make this modification for the intent of using the wireless UE device, Lindner ([0041]).
However, Kanj as modified by Lindner does not disclose the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication.
In the same field of endeavor, Watson discloses the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication, ([0036] “When the server receives data relating to movement of the smart device out of the predetermined region, the server may determine whether a current time is within a predetermined time period and additionally use this to determine whether app(s) and/or feature(s) should be blocked. […] if the smart device has moved into the predetermined region and the current time is within the predetermined time period, then the server may determine that app(s) and/or feature(s) should be blocked. The server may then communicate instructions to the smart device or the control app at the smart device to block app(s) and/or feature(s)”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) as modified by Lindner to include the current time, disclosed by Watson. One of ordinary skill in the art would have been motivated to make this modification to enable the server to determine, in relation to the movement of the smart device, whether the apps and/or features on the smart device should be blocked, Watson ([0036]).
Regarding claim 21, Kanj discloses, an apparatus for configuring a User Equipment, UE, the apparatus comprising a processor (FIG. 7: Micro-Processor 702 and [0036]) and a memory (FIG. 7: Flash Memory 735 and [0037]), the memory containing instructions executable by the processor to configure the apparatus to: detect a movement of the UE ([0018], "such situational data may include but not limited to the wireless UE device's orientation, […], motion or movement associated with the wireless UE device"; [0019], "an accelerometer may be provided that detects movement of the wireless UE device in one or more axes of the device"); and
determine a context of the UE in response to the detected movement ([0019], "an accelerometer may detect movement in the three axes by sensing small voltage changes that occur in the accelerometer during movement in each of the three axes. The voltage changes may then be processed to determine or estimate whether a user of the wireless UE device is walking, cycling, running, in a car, etc. Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device”).
However, Kanj does not disclose classify whether the detected movement of the UE is purposed or non-purposed; and configure a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed.
In the same field of endeavor, Lindner discloses, classify whether the detected movement of the UE is purposed or non-purposed, ([0041] “the action that is detected may be the user placing the mobile device down on a stable (and optionally non-moving) surface. In response to this action, the device may remain in an active mode broadcasting received audio from the speaker. While the device is in this active mode, the device may monitor for the presence or proximity of the user, such as by detecting the user's voice, detecting a movement of the device, detecting the use of other device(s) by the user in the vicinity, or using biometric sensors (essentially, the device is intentionally placed (positioned) on a surface so it absorbs the user’s activities). [0005], [0046], [0119] As shown in FIG. 15, […] If the mobile device has been moved (i.e., determination block 1512="Yes"), the device processor may determine whether the detected motion corresponds to the first user action in block 1518. For example, the detected motion may correspond to the user moving the device towards his or her ear, indicating an intent to continue the communication. If the detected motion is correlated to the first user action (i.e., determination block 1520="Yes"), the mobile device may resume the communication over the communication channel in block 1522”);
and configure a wireless communication link between the UE and a base station based on the context of the UE and the detected movement, and based on whether the detected movement of the UE is purposed or non-purposed, ([0080] “[…] “The first mobile device 102 may detect a motion of the device corresponding to the user bringing the handset to his/her ear in block 706. […] In response to this detected motion, the device establish a communication channel with the at least one second mobile device over a second communication pathway in block 708. The second communication pathway may be through a different network or server, or through a different portion of the network”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) to include the detected motion which corresponds to the user moving the device towards his or her ear, disclosed by Lindner. One of ordinary skill in the art would have been motivated to make this modification for the intent of
using the wireless UE device, Lindner ([0041]).
However, Kanj as modified by Lindner does not disclose the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication.
In the same field of endeavor, Watson discloses the context of the UE comprising at least one of a current time, a device type of the UE, and whether the UE is receiving or has received an incoming communication, ([0036] “When the server receives data relating to movement of the smart device out of the predetermined region, the server may determine whether a current time is within a predetermined time period and additionally use this to determine whether app(s) and/or feature(s) should be blocked. […] if the smart device has moved into the predetermined region and the current time is within the predetermined time period, then the server may determine that app(s) and/or feature(s) should be blocked. The server may then communicate instructions to the smart device or the control app at the smart device to block app(s) and/or feature(s)”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless UE device disclosed by Kanj ([0019]) as modified by Lindner to include the current time, disclosed by Watson. One of ordinary skill in the art would have been motivated to make this modification to enable the server to determine, in relation to the movement of the smart device, whether the apps and/or features on the smart device should be blocked, Watson ([0036]).
Regarding claim 22 as applied to claim 21 above, Kanj further discloses, wherein the memory (FIG. 7: Flash Memory 735 and [0037]), contains instructions executable by the processor (FIG. 7: Micro-Processor 702 and [0036]) to configure the apparatus to predict that the user will not use the UE for communication based on the detected movement and the context of the UE; and wherein configuring the wireless communication link based on the context of the UE and the detected movement comprises maintaining a current configuration of the wireless communication link if the user is predicted to not use the UE for communication, ([0019] "it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video" “[…] situational data" which is used to predict, estimate, expect the usage, […], " Such information may then be processed in conjunction with other collected situational data to determine, identify or otherwise estimate a usage mode of the wireless UE device. By way of illustration, if the user is walking and watching a video, then it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video." [0022] "a usage mode estimator executing on the wireless UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzylogic-based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification." [..] various usage modes including: "placing the wireless UE device in a user's holster", "the device placed in a pocket of the user's clothing"; [0023] "the usage modes that the device is expected to operate in." Essentially, the configuration will be modified or “not” based on the situational usage of the device and the location/movement. Therefore, if the user is listening to music while bicycling, ‘placing the wireless UE device in a user’s holster’, ‘the device placed in a pocket of th user’s clothing’, it is assumed/predicted that the device will maintain the same use such as listening to music and not change is required; therefore, an antenna configuration is maintained that required music content continuing being delivered to the device. Unless a change is detected where the user removes the UE from the pocket/holster, perhaps stops bicycling and manipulates the UE to make a call/watch a video/play a game, etc. At that point an antenna configuration is changed to accommodate for the specific use (based on the new context or situational use of the UE and the movement towards the user, user’s ear, etc.).
Regarding claim 24 as applied to claim 3 above, Kanj further discloses, wherein configuring the wireless communication link between the UE and a base station based on the context of the UE and the detected movement comprises: predicting an orientation or range of orientations of the UE based on one or both of the context of the UE and the detected movement; and configuring the wireless communication link between the UE and a base station based on the predicted orientation or range of orientations of the UE, ((FIG. 3A and 3B)[0019] "it may be predicted, expected, estimated or otherwise determined with a level of likelihood that the user is holding the UE device in his hand and watching the video."; [0022] “a usage mode estimator executing on the wireless UE device may use any heuristic, probabilistic, deterministic, rule-based, fuzzy logic- based, or learning-based process that can synthesize the multivariate situational data and arrive at a usage mode determination or identification."; [0023] "the usage modes that the device is expected to operate in”).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kanj et al. (US 20130217450 A1) hereinafter Kanj, in view of Lindner et al. (US 20130315107 A1), hereinafter Lindner, further in view of Watson et al. (US 20190141605 A1) hereinafter Watson, and further in view of Qi et al. (US 20170202029 A1), hereinafter Qi.
Regarding claim 9, as applied to claim 5 above, Kanj as modified by Lindner and Watson does not disclose comprising reporting the orientation or range of orientations to the base station to cause the base station to select one or more of a subset of available beams for the wireless communication link based on the one or more measurements.
In the same field of endeavor, Qi discloses comprising reporting the orientation or range of orientations to the base station to cause the base station to select one or more of a subset of available beams for the wireless communication link based on the one or more measurements, ([0012] “estimating the location of the mobile terminal based upon the measurement results, wherein the base station reception beam is selected on the basis of the estimated location of the mobile terminal. [0020] Obtaining a selection of a base station reception beam may comprise: transmitting the measurement results to at least two further base stations in the cluster, or to a separate network component, and receiving an estimate of the location of the mobile terminal or a selection of a base station reception beam; or transmitting the measurement results to at least two further base stations in the cluster, receiving corresponding measurement results from at least two further base stations in the cluster and selecting a base station reception beam based upon the received and measured measurement results”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multivariate situational data that is used to determine the UE usage modes, disclosed by Kanj ((FIG. 3A and 3B) and [0019]) as modified by Lindner and Watson to incorporate the estimated location of the mobile terminal, disclosed by Qi. One of ordinary skill in the art would have been motivated to make this modification in order to better predict the movement, orientation, and usage mode of the UE, thus configure the link between the UE and base station, Qi ([0012], [0020]).
Regarding claim 17, as applied to claim 14 above, Kanj as modified by Lindner and Watson does not disclose comprising reporting the one or more measurements to the base station to cause the base station to select one or more of the subset of available beams for the wireless communication link based on the one or more measurements.
In the same field of endeavor, Qi discloses comprising reporting the one or more measurements to the base station to cause the base station to select one or more of the subset of available beams for the wireless communication link based on the one or more measurements, ([0012] “estimating the location of the mobile terminal based upon the measurement results, wherein the base station reception beam is selected on the basis of the estimated location of the mobile terminal. [0020] Obtaining a selection of a base station reception beam may comprise: transmitting the measurement results to at least two further base stations in the cluster, or to a separate network component, and receiving an estimate of the location of the mobile terminal or a selection of a base station reception beam; or transmitting the measurement results to at least two further base stations in the cluster, receiving corresponding measurement results from at least two further base stations in the cluster and selecting a base station reception beam based upon the received and measured measurement results”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multivariate situational data that is used to determine the UE usage modes, disclosed by Kanj ((FIG. 3A and 3B) and [0019]) as modified by Lindner and Watson to incorporate the estimated location of the mobile terminal, disclosed by Qi. One of ordinary skill in the art would have been motivated to make this modification in order to better predict the movement, orientation, and usage mode of the UE, thus configure the link between the UE and base station, Qi ([0012], [0020]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 18, and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/GILBERT M. GRANT/Examiner, Art Unit 2642
/ALLAHYAR KASRAIA N/Primary Examiner, Art Unit 2642
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