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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered.
Priority
Applicant claims the benefit of US Provisional Application No. 63/352,568, filed June 15, 2022. Claims 1-19 have been afforded the benefit of this filing date
Response to Arguments
Applicant' s arguments, page 10, “Rejection under 35 U.S.C. § 103”, filed 12/10/2025, with respect to the rejection(s) of claim(s) 1-19 under 35 USC § 103 have been fully considered but they are not persuasive.
Applicant Argues (12/10/2025, page 10):
“The cited portions of Mizusawa describe a system that estimates a future network load for base stations that a "data communication terminal of a user" is likely to access, and retrieve a communication fee for the data communication terminal from a table of fees and future network loads. Mizusawa at II 47-49. However, the "communication fee" of Mizusawa is not a cost incurred by the network to provide networking services to a user, it is a cost incurred by the user to receive networking services from the network. Accordingly, the cited portions of Mizusawa cannot be read to teach, suggest, or motivate determining a cost for networking services as recited in claim 1.
The cited portions of Egner and Hassan are admitted not to teach this aspect of amended claim 1 on page 8 of the Office Action, and the cited portions of Fu and Da Silva do not remedy the deficiencies of Mizusawa. Accordingly, the cited portions of Mizusawa, Egner, Da Silva, Hassan, and FU, either alone or in combination, do not teach, suggest, or motivate all of the aspects of claim 1. Therefore, amended independent claim 1 is novel and non-obvious over the combination of the cited portions of Mizusawa, Egner, Da Silva, Hassan, and FU.”
Examiner Respectfully Disagrees:
Examiner points to Mizusawa paragraph 49 wherein explains a “communication fee” can be “A communication fee that takes the network load into account may be an absolute value of a fee per unit data amount or may be a surcharge rate or a discount rate from the usual fees. In either case, the data communication terminal of a user is notified of or displays the communication fee. For example, the network load may be defined as a value in which the capacity of the communication terminal to a base station (value based on the number of terminals that are position registered at such a base station and the number of base stations that are communicating within the base station) is divided by the maximum capacity of the base station.” As stated, Mizusawa “communication fee” can be a cost incurred by the network to provide networking services to a user and is not limited to a cost incurred by the user to receive networking services from the network.
Examiner further notes Egner also discloses the new said limitation in form of “link rating” that is to be provided to a user as stated in paragraph 172, “In yet another embodiment, wireless conditions may also be rated according to some embodiments herein according to cost of data or communication transfers. For example, roaming charges may be incurred for some wireless links. In other examples, some carriers may be substantially more expensive on a cost per byte basis. In some embodiments, link ratings may be weighted by factors including cost of data transfers or communications and accordingly determination of wireless condition classification will similarly be affected.”
The Egner “cost of data or communication transfers” and Mizusawa “absolute value of a fee per unit data amount…” reads on applicant specification paragraph 60 of “a cost per byte, kilobyte…” and on the said limitation in combination with Hassan, Da Silva, and FU.
Claim Objections
Claim 12 objected to because of the following informalities:
Claim 12, line 1, states “The method of 11,” should change to “The method of claim 11,”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 8-10, and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hassan (US 20210029612 A1) (IDS) in view of Egner (US 20170272972 A1) (IDS) in view of MIZUSAWA (US 20120190326 A1) in view of Da Silva (US 20160337525 A1) (IDS) in further view of FU (US 20190222527 A1) (IDS).
Regarding Claim 1, Hassan discloses A system (paragraph [0038], Fig.8:800, "machine 800"), comprising:
at least one processor (paragraph [0040], Fig.8:802, "… (e.g., computer system) 800 may include a hardware processor 802");
at least one memory coupled to the at least one processor (paragraph [0041], Fig.8:804:806:808, "Registers of the processor 802, the main memory 804, the static memory 806, or the mass storage 808 may be, or include, a machine readable medium 822"), the memory having computer executable instructions stored thereon that, when executed by the at least one processor, cause the system to:
receive an indication (Par.24, Fig.4:414a or 414b, select route) of a route (Par.24, Fig.4:408 or 410, route) for a user device (Par.13, Fig.1:104a-104f, user devices) (paragraph [0024], Fig.4, "diagram illustrating an example client-side user interface…that illustrates a specified start location 404, an end location 406, a first suggested route 408, an second suggested route 410" and paragraph [0027], Fig.4:414a/b, "using the inputs 414a, 414b, 416, and 418, a user may be able to select routes," (i.e., Examiner points to Fig.4:414a and 414Bb as the user can use the inputs to send the route selection and that would be received by the machine.));
identify one or more network sectors that the route passes through (paragraph [0025], Fig.4 "display 400 may allow a user to better select between suggested routes 408 and 410 by knowing whether or not particular networks or network types are available for the entire trip." and paragraph [0026], "The display 400 may only include indicators 412 of particular importance to a user so-as not to overwhelm a user with data…a user may not need to know the connection quality of every channel of every network along a planned route…The client-side device may select these indicators using indications from the servers 102, user preferences, or any other basis" (i.e., Although not showing the every channel of every network on user-client, Hassan is suggesting that every channel the user passes is identified by the machine Fig.8:800 because the machine displays indicators with network quality in Fig.4.)); and
for each respective network sector of the one or more network sectors (Hassan discloses the following are performed for each geographical location.):
determine a time period (Par.24, Fig.4, estimated travel time) during which the user device will be located within the respective network sector based on the route (paragraph [0024], Fig.4, "The network indicators 412 may be obtained from the network map and may provide indication to a user of one or more parameters of one or more wireless networks." and paragraph [0025], Fig.4 "…For example, route 2 has a faster estimated travel time (22 minutes),…" (i.e., Examiner points to Fig.4 given two routes and having its own estimate time of arrival (ETA), since the network conditions for the two routes are displayed with "Poor Wireless" and "Good Wireless" suggesting that the user will be connected through a different networks thus showing a time the user device will be located for within the respective network sector based on the route.));
identify at least one hotspot (Par.25, Fig.4, Wi-Fi® availability) within the respective network sector that the user device is able to access while the user device travels along the route (paragraph [0025], Fig.4, "The display 400 may allow a user to better select between suggested routes 408 and 410 by knowing whether or not particular networks or network types are available for the entire trip…A user may define any other further desires or requirements for travel, such as reliable voice connection, Wi-Fi® availability, or any other preferences." (i.e., wi-fi availability is reading as hotspot and the machine 800 identifies if the wi-fi is available because of user preference.)).
However, Hassan does not disclose identify a cost for networking services to be provided to the user device based on the time period during which the user device will be located within the respective network sector, the cost for networking services to be provided to the user device being the cost incurred by the network to provide the networking services to the user device, including: receive a predicted future network load for the respective network sector, the predicted future network load being a prediction of the network load during the time period during which the user device is to be located within the respective network sector; and determine the cost for networking services based on the predicted future network load for the respective network sector; determine a dynamic rate for the user device to access the networking services based on the cost for networking services for the respective network sector; cause the user device to transmit user device data via the at least one hotspot when the user device is able to access the at least one hotspot based on the dynamic rate.
Egner discloses identify a cost (Par.172, cost of data) for networking services to be provided to the user device based on the time period during which the user device will be located within the respective network sector, the cost for networking services to be provided to the user device being the cost incurred by the network to provide the networking services to the user device (paragraph [0172], " wireless conditions may also be rated according to some embodiments herein according to cost of data or communication transfers. For example, roaming charges may be incurred for some wireless links. In other examples, some carriers may be substantially more expensive on a cost per byte basis. In some embodiments, link ratings may be weighted by factors including cost of data transfers or communications and accordingly determination of wireless condition classification will similarly be affected. These factors may be dependent on user selection or determination by IT management of mobile information handling systems through user settings and the like." (i.e., Egner discloses a context aware radio resource management system remote server Fig.1:190 that can determine cost of data or communications transfers.)),
including:
receive a predicted future network load for the respective network sector (paragraph [0166], Fig.10C, "FIG. 10A depicts a bin map 1000 with example latitude 1005 and longitude 1010 coordinates upon which several types of information may be set over the bin map by the context aware radio resource management system. The grid boxes 1015 on the bin maps 1000 of FIGS. 10A, 10B, and 10C, may determine the granularity with which a location is defined. " (i.e., Fig.10C shows a start form home to work and all the network sectors the user will pass by to get to work.));
the predicted future network load being a prediction of the network load during the time period during which the user device is to be located within the respective network sector (paragraph [0169], Fig.10C, "In the example embodiment of FIG. 10C, an example embodiment of a bin map is shown with a predicted future path 1022 overlaid on grid boxes 1015 showing levels of wireless connectivity, including wireless conditions, for locations along the predicted future path. Legend 1025 depicts an example embodiment of crowd-sourced data available for the predicted future path…Grid boxes 1015 may also indicate wireless connectivity conditions." and paragraph [0174], Fig.11, “The flow proceeds to 1130 where the method compares the predicted future path with the historical wireless service type profiles for the locations in or near the predicted future path. This comparison of wireless service types used at locations along the predicted path is averaged and a predominant wireless service type profile is determined over the predicted future path.” and paragraph [0175], “With a predominant wireless service type profile 1135 of expected usage types for the predicted future path” (i.e., Examiner points to the grid boxes highlighted wherein the wireless connectivity conditions are showing for each box, par.170-171 discuss how the wireless connectivity conditions for each grid box are determined. Fig.11 is the method being used of gathering historical data to predict future load.));
Hassan and Egner are considered to be analogous to the claimed invention because they are in the same field of communication routing. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan wherein a user may define any other further desires for travel (Hassan, par.25) to also have the method of to determine the future load of the network based on the future path in order for users to plan ahead for service usage based on the path (Egner, paragraph [0017], " The variations in information handling systems allow information handling systems to be general or configured for a specific user or specific use such as financial transaction processing, airline reservations, enterprise data storage, internet of things (IOT) monitoring and communications, or global communications ").
However, Hassan in view of Egner do not disclose and determine the cost for networking services based on the predicted future network load for the respective network sector; determine a dynamic rate for the user device to access the networking services based on the cost for networking services for the respective network sector; cause the user device to transmit user device data via the at least one hotspot when the user device is able to access the at least one hotspot based on the dynamic rate.
Mizusawa discloses and determine the cost for networking services based on the predicted future network load for the respective network sector (paragraph [0049], “A communication fee that takes the network load into account may be an absolute value of a fee per unit data amount or may be a surcharge rate or a discount rate from the usual fees. In either case, the data communication terminal of a user is notified of or displays the communication fee. For example, the network load may be defined as a value in which the capacity of the communication terminal to a base station (value based on the number of terminals that are position registered at such a base station and the number of base stations that are communicating within the base station) is divided by the maximum capacity of the base station. Further, the communication fee may be set incrementally according to the rank of the network load.” and paragraph [0064], Fig.1, "A fee prediction server 41 is arranged on the Internet 40. Each of the base stations 11 to 14 is connected to the fee prediction server 41 via core networks A and B and the Internet 40. The fee prediction server 41 predicts a future network load, also predicts the communication fee based thereon, and regularly notifies each data communication terminal." (i.e., determine a future cost based on the future load.)).
Hassan in view of Egner and Mizusawa are considered to be analogous to the claimed invention because they are in the same field wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement the server of Mizusawa (Fig.1:41, Fee Prediction server) to provide fee to all users in the network to have another way to reduce congestion based on the fee identified in order to provide more paths for Hassan that make it convenient for everyone in the network area (MIZUSAWA, paragraph [0007], "It is desirable to provide an excellent communication fee prediction device that is able to act directly to reduce changes in the load of demand for communication, that is, to distribute traffic, a communication device, a communication system, and a charging method.").
Da Silva discloses determine a dynamic rate (Par.73, dynamic congestion price) for the user device to access the networking services based on the cost for networking services for the respective network sector (paragraph [0073], "With Dynamic Congestion price based on time, space, load (dynamic) the network announces prices based on current congestion level and the user response to these prices get fed back into the control loop to compute new prices." and paragraph [0074], "A similar congestion pricing for voice calls called “Location based tariff” offers discounts to its customer's calls based on the network traffic condition in the location from where they make the call;" (i.e., implementing a dynamic congestion price into Hassan system Fig.1:100.)).
Hassan in view of Egner in further view of Mizusawa and Da Silva are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement dynamic congestion price into the system (Hassan, Fig.1:100) in order to reduce network load and that could give more paths for the user to travel that take less time and more reliable wireless connectivity (DA SILVA, paragraph [0004], ". In contrast, the usage of mobile network resources may be tied to a particular time of day (e.g., increased usage during the daytime). Such a usage pattern inefficiently uses the total capacity available in the mobile network." and paragraph [0005], "One way of addressing the uneven network utilization is to implement a management solution that aims to change subscriber call patterns in a mobile network. A conventional solution may seek to decrease network traffic at peak times and increase network traffic during quiet times.").
However, Hassan in view of Egner in view of Mizusawa in further view of Da Silva does not disclose cause the user device to transmit user device data via the at least one hotspot when the user device is able to access the at least one hotspot based on the dynamic rate.
FU discloses cause the user device to transmit user device data via the at least one hotspot when the user device is able to access the at least one hotspot based on the dynamic rate (paragraph [0036], Fig.1-1:3, "the cost prediction indicates that the cost for transmitting the data will potentially be lower within the delay tolerance than at present, in this case by anticipating a less costly WiFi connection within the delay tolerance. As a result, the wireless device 100 decides to wait and thus delays the data transmission by not transmitting immediately, as shown by a further action 1:3." (i.e., when the dynamic price is high and the user does not choose an alternative path, the user can delay the transmission of data until a wi-fi connection is established when traveling.)).
Hassan in view of Egner in view of Mizusawa in further view of Da Silva and FU are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to include the method disclosed in FU to delay transmission of data in order to save energy consumption, avoid usage of radio resources and network when traffic is high or to avoid areas with high cost by delaying transmission (FU, abstract, "Advantages may include reduced price to pay for the transmission, less energy consumption, and avoided usage of precious radio resources and network resources at times when the traffic load is high.").
Regarding Claim 2, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the system of claim 1.
wherein the computer-executable instructions, when executed by the at least one processor to cause the user device to transmit user device data when the user device is able to access the at least one hotspot based on the dynamic rate, further cause the processor to:
FU further discloses determine whether the dynamic rate exceeds a selected threshold rate (Par.47, predefined threshold) (paragraph [0047], "When the cost prediction is determined as a function of time, another example embodiment may be that the wireless device decides to transmit the data when the cost for transmitting the data is below a predefined threshold,…transmitting the data may be related to at least one of:…price ratings," (i.e., FU discloses if the dynamic price is above a threshold then it would delay the transmission.));
based on a determination that the dynamic rate exceeds the threshold rate, determine whether at least a portion (Par.41, "data to be transmitted may comprise… real-time data…and delay tolerant data") of user device data transmitted by the user device is low priority user device data (Par.34, delay tolerant data) (paragraph [0034], "It may be useful to classify data to be transmitted either as real-time data that basically requires immediate transmission without delay, or as delay tolerant data that can be delayed and transmitted later." and paragraph [0035], "If the data detected in action 1:2 comprises delay tolerant data so that its delay tolerance is not virtually zero and thus allows for delaying the transmission…The wireless device 100 may then decide to delay the data transmission or not, based on the cost prediction for the “cheapest” connection." (i.e., delay tolerant data is reading as low priority data. FU disclosing to identify the current pricing of data transmission and if the data is delay tolerant data and currently the pricing is high, then the data that is delay tolerant would be transmitted at a later time.)); and
cause the user device to transmit low priority user device data when the user device is able to access the at least one hotspot (paragraph [0036], Fig.1-1:3, "the cost prediction indicates that the cost for transmitting the data will potentially be lower within the delay tolerance than at present, in this case by anticipating a less costly WiFi connection…" (i.e., Fu discloses transmit data when connected to a wi-fi connection.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Regarding Claim 3, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the system of claim 2.
wherein the computer-executable instructions, when executed by the at least one processor to cause the user device to transmit low priority user device data, further cause the processor to:
FU further discloses cause the user device to only transmit low priority user device data via the at least one hotspot when the user device is able to access the at least one hotspot (paragraph [0034], "some applications such as speech conversation or real-time control of a machine operation…may require immediate transmission of the data…It may be useful to classify data to be transmitted either as real-time data…or as delay tolerant data" and paragraph [0036], " in this case by anticipating a less costly WiFi connection within the delay tolerance. As a result, the wireless device 100 decides to wait and thus delays the data transmission by not transmitting immediately, as shown by a further action 1:3." (i.e., FU discloses certain data is categorized as delay tolerant data and this data is transferred when at least hotspot is anticipated or "when the user device is able to access the at least one hotspot" and will only transmit via wi-fi since the data is low priority.)).
Regarding Claim 8, which is similar in scope to claim 1, thus rejected under the same rationale.
Regarding Claim 9, which is similar in scope to claim 2, thus rejected under the same rationale.
Regarding Claim 10, which is similar in scope to claim 3, thus rejected under the same rationale.
Regarding Claim 14, Hassan discloses A non-transitory processor-readable storage medium (paragraph [0040], Fig.8, “a main memory 804, a static memory (e.g., memory or storage for firmware, microcode,”) that stores at least one of instructions or data, the instructions or data, when executed by at least one processor, cause the at least one processor to:
receive an indication of a location of a user device (paragraph [0024], Fig.4:404, "a diagram illustrating an example client-side user interface. The client-side user interface may include a display 400 configured to output a map 402. that illustrates a specified start location 404," and paragraph [0028], "The start location may be a current location of the device obtained using GPS," (i.e., start location is the location of a user device));
identify a network sector within which the user device is located based on the location of the user device (paragraph [0022], "A respective user device may provide the device's geographical location, the cellular or other wireless network to which the device is wirelessly connected, the wireless channel through which the device is connected to the wireless network, a connection quality, and other parameters regarding the respective network." (i.e., Hassan indirectly discloses user device is providing the current wireless channel the device is connected to and therefor the machine Fig.8:800 is identifying the network sector based on geographical location.)); and
identify at least one hotspot (Par.25, Wi-Fi® availability) within the network sector to which the user device is able to connect (paragraph [0025], Fig.4, "The display 400 may allow a user to better select between suggested routes 408 and 410 by knowing whether or not particular networks or network types are available for the entire trip…A user may define any other further desires or requirements for travel, such as reliable voice connection, Wi-Fi® availability, or any other preferences." (i.e., wi-fi availability is reading as hotspot and the machine 800 identifies if the wi-fi is available because of user preference.)).
However, Hassan does not disclose identifying a cost for networking services to be provided to the user device based on the location of the user device, the cost for networking services to be provided to the user device being the cost incurred by the network to provide the networking services to the user device, by: accessing historical data regarding the network load for the network sector based on the location of the user device; predicting a future network load for the network sector based on the historical data; and determining the cost for the networking services based on the predicted future network load; determine a dynamic rate for the user device to access the networking services based on the cost for networking services; cause the user device to transmit user device data via the at least one hotspot when the user device is connected to the at least one hotspot based on the dynamic rate.
Egner discloses identifying a cost for networking services to be provided to the user device based on the location of the user device (paragraph [0172], " wireless conditions may also be rated according to some embodiments herein according to cost of data or communication transfers. For example, roaming charges may be incurred for some wireless links. In other examples, some carriers may be substantially more expensive on a cost per byte basis. In some embodiments, link ratings may be weighted by factors including cost of data transfers or communications and accordingly determination of wireless condition classification will similarly be affected. These factors may be dependent on user selection or determination by IT management of mobile information handling systems through user settings and the like." (i.e., Egner discloses a context aware radio resource management system remote server Fig.1:190 that can determine cost of data or communications transfers.)),
by:
accessing historical data regarding the network load for the network sector based on the location of the user device (paragraph [0174], Fig.11:1130, "The flow proceeds to 1130 where the method compares the predicted future path with the historical wireless service type profiles for the locations in or near the predicted future path. This comparison of wireless service types used at locations along the predicted path is averaged and a predominant wireless service type profile is determined over the predicted future path." (i.e., Fig.11 shows accessing historical data in each grid box Fig.11:1115.));
predicting a future network load (par.174, Fig.11:1135, predicted percentages of use of wireless service types) for the network sector based on the historical data (paragraph [0169], Fig.10C, "In the example embodiment of FIG. 10C, an example embodiment of a bin map is shown with a predicted future path 1022 overlaid on grid boxes 1015 showing levels of wireless connectivity, including wireless conditions, for locations along the predicted future path. Legend 1025 depicts an example embodiment of crowd-sourced data available for the predicted future path…Grid boxes 1015 may also indicate wireless connectivity conditions." and paragraph [0174], Fig.11:1135, "An example wireless service type profile is depicted at 1135 showing predicted percentages of use of wireless service types based on historical use at the locations in the predicted path. The predominant wireless service type profile for the path may be bounded with data from similar times of day to the predicted future path travel time. Alternatively, historical wireless service profile data may be taken for any daily time intervals such as when wireless service depends more strictly on location rather than time of day. " (i.e., Par.174 discloses based on the historical usage, the method determines a predicted percentage of wireless service types. Fig.11:1135 is showing the percentage of each data type. Therefore, showing the load of each data type based on historical usage.));
Hassan and Egner are considered to be analogous to the claimed invention because they are in the same field of communication routing. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan wherein a user may define any other further desires for travel (Hassan, par.25) to also have the method of to determine the future load of the network based on the future path in order for users to plan ahead for service usage based on the path (Egner, paragraph [0017], " The variations in information handling systems allow information handling systems to be general or configured for a specific user or specific use such as financial transaction processing, airline reservations, enterprise data storage, internet of things (IOT) monitoring and communications, or global communications ").
However, Hassan in view of Egner do not disclose and determining the cost for the networking services based on the predicted future network load; determine a dynamic rate for the user device to access the networking services based on the cost for networking services for the respective network sector; cause the user device to transmit user device data via the at least one hotspot when the user device is able to access the at least one hotspot based on the dynamic rate.
Mizusawa discloses determining the cost for the networking services based on the predicted future network load (paragraph [0049], “A communication fee that takes the network load into account may be an absolute value of a fee per unit data amount or may be a surcharge rate or a discount rate from the usual fees. In either case, the data communication terminal of a user is notified of or displays the communication fee. For example, the network load may be defined as a value in which the capacity of the communication terminal to a base station (value based on the number of terminals that are position registered at such a base station and the number of base stations that are communicating within the base station) is divided by the maximum capacity of the base station. Further, the communication fee may be set incrementally according to the rank of the network load.” and paragraph [0064], Fig.1, "A fee prediction server 41 is arranged on the Internet 40. Each of the base stations 11 to 14 is connected to the fee prediction server 41 via core networks A and B and the Internet 40. The fee prediction server 41 predicts a future network load, also predicts the communication fee based thereon, and regularly notifies each data communication terminal." (i.e., determine a future cost based on the future load.)).
Hassan in view of Egner and Mizusawa are considered to be analogous to the claimed invention because they are in the same field wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement the server of Mizusawa (Fig.1:41, Fee Prediction server) to provide fee to all users in the network to have another way to reduce congestion based on the fee identified in order to provide more paths for Hassan that make it convenient for everyone in the network area (MIZUSAWA, paragraph [0007], "It is desirable to provide an excellent communication fee prediction device that is able to act directly to reduce changes in the load of demand for communication, that is, to distribute traffic, a communication device, a communication system, and a charging method.").
Da Silva discloses determine a dynamic rate for the user device to access the networking services based on the cost for networking services (paragraph [0073], "With Dynamic Congestion price based on time, space, load (dynamic) the network announces prices based on current congestion level and the user response to these prices get fed back into the control loop to compute new prices." and paragraph [0074], "A similar congestion pricing for voice calls called “Location based tariff” offers discounts to its customer's calls based on the network traffic condition in the location from where they make the call;" (i.e., implementing a dynamic congestion price into Hassan system Fig.1:100.)).
Hassan in view of Egner in further view of Mizusawa and Da Silva are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement dynamic congestion price into the system (Hassan, Fig.1:100) in order to reduce network load and that could give more paths for the user to travel that take less time and more reliable wireless connectivity (DA SILVA, paragraph [0004], ". In contrast, the usage of mobile network resources may be tied to a particular time of day (e.g., increased usage during the daytime). Such a usage pattern inefficiently uses the total capacity available in the mobile network." and paragraph [0005], "One way of addressing the uneven network utilization is to implement a management solution that aims to change subscriber call patterns in a mobile network. A conventional solution may seek to decrease network traffic at peak times and increase network traffic during quiet times.").
However, Hassan in view of Egner in view of Mizusawa in further view of Da Silva does not disclose cause the user device to transmit user device data via the at least one hotspot when the user device is connected to the at least one hotspot based on the dynamic rate.
FU discloses cause the user device to transmit user device data via the at least one hotspot when the user device is connected to the at least one hotspot based on the dynamic rate (paragraph [0036], Fig.1-1:3, "the cost prediction indicates that the cost for transmitting the data will potentially be lower within the delay tolerance than at present, in this case by anticipating a less costly WiFi connection within the delay tolerance. As a result, the wireless device 100 decides to wait and thus delays the data transmission by not transmitting immediately, as shown by a further action 1:3." (i.e., when the dynamic price is high and the user does not choose an alternative path the user can delay the transmission of data until a wi-fi connection is established when traveling.)).
Hassan in view of Egner in view of Mizusawa in further view of Da Silva and FU are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to include the method disclosed in FU to delay transmission of data in order to save energy consumption, avoid usage of radio resources and network when traffic is high or to avoid areas with high cost by delaying transmission (FU, abstract, "Advantages may include reduced price to pay for the transmission, less energy consumption, and avoided usage of precious radio resources and network resources at times when the traffic load is high.").
Regarding Claim 15, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the non-transitory processor-readable storage medium of claim 14.
Egner further discloses wherein the at least one processor is further caused to:
receive an indication of one or more types of user device data transmitted by the device (paragraph [0098], Fig.4, "In the first step 410, the context aware radio resource management system software agent is started to optimize device performance in selecting a wireless link…measure and monitor device data and communication usage." and paragraph [0101], Fig.4, "the context aware radio resource management system may initiate operational measurements…It can measure bytes transferred or number of requests…" (i.e., Par.101 discloses the types of data the context aware radio resource management system can collect or "receiving" and since the management system can collect various types of data implying there is an indication for each data type.)); and
FU further discloses for each respective type of user device data of the one or more types of user device data (FU discloses for each respective type of user device data):
determine whether the type of user device data is high priority data (Par.34, real-time data) or low priority data (Par.34, delay tolerant data) (paragraph [0034], "It may be useful to classify data to be transmitted either as real-time data that basically requires immediate transmission without delay, or as delay tolerant data that can be delayed and transmitted later. The data to be transmitted may comprise at least one of these two types…" (i.e., high priority data is reading as data that needs to transmit without delay and low priority data is reading data that can be delayed and transmitted at a later time.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Regarding Claim 16, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the non-transitory processor-readable storage medium of claim 15.
wherein to cause the user device to transmit user data when the user device is connected to the at least one hotspot based on the dynamic rate the at least one processor is further caused to:
FU further discloses determine whether the dynamic rate exceeds a selected threshold rate (par.47, a predefined threshold) (paragraph [0047], "When the cost prediction is determined as a function of time, another example embodiment may be that the wireless device decides to transmit the data when the cost for transmitting the data is below a predefined threshold,…transmitting the data may be related to at least one of:…price ratings," (i.e., FU discloses if the dynamic price is above a threshold then it would delay the transmission.));
based on a determination that the dynamic rate exceeds the threshold rate, determine whether at least a portion of user device data transmitted by the user device is low priority user device data (paragraph [0034], "It may be useful to classify data to be transmitted either as real-time data that basically requires immediate transmission without delay, or as delay tolerant data that can be delayed and transmitted later." and paragraph [0035], "If the data detected in action 1:2 comprises delay tolerant data so that its delay tolerance is not virtually zero and thus allows for delaying the transmission…The wireless device 100 may then decide to delay the data transmission or not, based on the cost prediction for the “cheapest” connection." (i.e., delay tolerant data is reading as low priority data. FU disclosing to identify the current pricing of data transmission and if the data is a delay tolerant data and currently the pricing is high, then the data transmission would be delayed.)); and
causing the user device to not transmit low priority user device data when the user device is not connected to the at least one hotspot (paragraph [0036], Fig.1-1:3, "the cost prediction indicates that the cost for transmitting the data will potentially be lower within the delay tolerance than at present, in this case by anticipating a less costly WiFi connection…" (i.e., FU discloses transmit data when connected to a wi-fi connection and therefore wont transmit low priority data until connected to a hotspot.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Claim(s) 4-7, 11-13, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hassan (US 20210029612 A1) (IDS) in view of Egner (US 20170272972 A1) (IDS) in view of MIZUSAWA (US 20120190326 A1) in view of Da Silva (US 20160337525 A1) (IDS) in view of FU (US 20190222527 A1) (IDS) in further view of Halcrow (US 20070167174 A1).
Regarding Claim 4, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the system of claim 1.
wherein the computer-executable instructions, when executed by the at least one processor to identity the at least one hotspot within the network sector, further cause the processor to:
Hassan further discloses determine whether the respective hotspot is accessible by the user device as the user device travels along the route based on the identified range and the route (paragraph [0024], Fig.4:412, "The network indicators 412 may be obtained from the network map and may provide indication to a user of one or more parameters of one or more wireless networks. For example, the indicators 412 can provide indication that a Wi-Fi® network is available," (i.e., accessible and available is reading as the same, if Wi-Fi is not available then it is not accessible.)).
However, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU does not disclose access a repository of hotspot data, the repository of hotspot data including data describing a plurality of hotspots; determine, based on the hotspot data, whether one or more hotspots are accessible within the respective network sector; and for each respective hotspot of the one or more hotspots: identify a range within which a user device is able to access the respective hotspot; and based on a determination that the respective hotspot is accessible by the user device, identify the respective hotspot as a hotspot within the respective network sector that the user device is able to access while the user device travels along the route.
Halcrow discloses access a repository (Par.15, Fig.1:170, hotspot location database (HLD)) of hotspot data, the repository of hotspot data including data describing a plurality of hotspots (Par.15, Fig., detected hotspots) (paragraph [0015], Fig.1:170 "The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access." (i.e., Halcrow discloses a wi-fi hotspot database the user can access a plurality of hotspot based on GPS coordinates.));
determine, based on the hotspot data, whether one or more hotspots are accessible within the respective network sector (paragraph [0017], "When the user later desires to locate hotpots within a particular geographic location, the user opens a GUI of the utility on his device and enters the physical address of the location. The physical address is converted to its GPS coordinate and the GPS coordinate matched against the GPS coordinates associated with hotspots stored within the database." (i.e., User can send a request for hotspot based on geographic location or "respective network sector" and provides user with corresponding hotspots in the geographic location.)); and
for each respective hotspot of the one or more hotspots (Halcrow discloses for each respective hotspot):
identify a range (Par.35, a given range) within which a user device is able to access the respective hotspot (paragraph [0035], "When the Provider later receives a request from a user searching for hotpots within a particular geographic location,…the Provider…determines which acceptable entries of the multiple entries have a GPS coordinate (and therefore geographic location) within a given range of the particular GPS coordinate (geographic location)…" (i.e., determine a range of hotspots within the particular GPS coordinate the user has requested.));
based on a determination that the respective hotspot is accessible by the user device, identify the respective hotspot as a hotspot within the respective network sector that the user device is able to access while the user device travels along the route (paragraph [0017], "Hotspots that are identified as meeting the desired criteria are displayed within the output to the user…the presented information may include distance from the user's current location, driving/walking directions (from the user's current GPS location), and/or a map of the location." (i.e., Identify a hotspot based on a user preference that is accessible either by driving or walking. Examiner points to Hassan Fig.4, where the display of hotspot could be displayed on Hassan Fig.4 and using the selection button Fig.4:416 to set the preference on the particular hotspot that is needed for the user.)).
Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU and Halcrow are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement hotspot location database (HLD) because it is desirable for users to have a database of hotspots the user can connect to with preferred metrics and that could be shared with other users using the same database and having the hotspot operation and up to date (Halcrow, paragraph [0009], "One problem associated with current access to WIFI hotspots is that it is sometimes difficult for a user to locate a WIFI hotspot in a nearby geographic location… people new to the area or unfamiliar with the area may not know where these establishments are located. Travelers to a new location fall into this category of users…In addition, not all hotspots have the same performance or cost characteristics." and paragraph [0015], "Disclosed are a device, a method, and a computer program product for efficiently generating a substantially accurate list of available hotspots in geographic locations on a user's WIFI-enabled device…The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access.").
Regarding Claim 5, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in view of FU in further view of Halcrow discloses the system of claim 4.
wherein the computer-executable instructions further cause the processor to:
Halcrow further discloses receive hotspot data describing hotspots to which the user device has previously accessed (paragraph [0060], Fig.3A:310, "Provider 140 then checks at block 310 whether the GPS coordinate and identified WIFI hotspot is a new WIFI hotspot (i.e., not one already stored within the HLD)." (i.e., check if the hotspot has been accessed or not.)); and
alter the repository of hotspots to include the received hotspot data (paragraph [0061], Fig.3A:314, "Returning to decision block 310, if the WIFI hotspot is not new, Provider 140 updates the active status of the existing entry within the database and the corresponding performance metrics, as shown at block 314." (i.e., alter the repository of hotspot to include an updated version of the current hotspot that was already stored in HLD.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Regarding Claim 6, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in view of FU in further view of Halcrow discloses the system of claim 4.
wherein the computer-executable instructions further cause the processor to:
Halcrow further discloses receive hotspot data describing hotspots to which a user device other than the user device has previously accessed (paragraph [0061], Fig.3A:314, "By correlating GPS coordinates with live connections of wireless devices, Provider 140 is able to build a substantially accurate and current database of hotspots that other users are able to access." (i.e., Plurality of users other than "the user" can provide hotspot data to Provider 140 that would then be stored in Hotspot location data (HLD) and that could be hotspot data the other users have already accessed.)); and
alter the repository of hotspots to include the received hotspot data (paragraph [0061], Fig.3A:314, "Returning to decision block 310, if the WIFI hotspot is not new, Provider 140 updates the active status of the existing entry within the database and the corresponding performance metrics, as shown at block 314." (i.e., alter the repository of hotspot to include an updated version of the current hotspot that was already stored in HLD.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Regarding Claim 7, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the system of claim 1.
Hassan further discloses determine an alternate route for the user device based on the hotspot data, the route, and the dynamic rates for each network sector of the one or more network sectors (paragraph [0024], Fig.4:408 and 410, "a first suggested route 408, an second suggested route 410, and network indicators 412" and paragraph [0025], "A user may define any other further desires or requirements for travel, such as reliable voice connection, Wi-Fi® availability, or any other preferences." (i.e., Examiner points to Hassan Fig.4 of two different routes the user can take and the routes that displayed is based on hotspot availability as disclosed in Halcrow, the route in Hassan, the dynamic rate is disclosed in Da Silva.)).
However, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU does not disclose receive hotspot data indicating a plurality of hotspots, the hotspot data including at least one location for each hotspot of the plurality of hotspots and at least one threshold range for each hotspot of the plurality of hotspots.
Halcrow discloses receive hotspot data indicating a plurality of hotspots, the hotspot data including at least one location for each hotspot of the plurality of hotspots and at least one threshold range for each hotspot of the plurality of hotspots (paragraph [0015], "The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access. Along with each identified hotspot is information related…its GPS (global positional signal)." and paragraph [0016], "the utility triggers the user device to access the hotspot and retrieves information about the particular hotspot, including the name and performance metrics, such as quality of service (QoS) and connection speed." (i.e., Threshold range is reading as QoS meaning a hotspot with good QoS has a good connection for the user and therefore a bad QoS means outside of the threshold range.)).
Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU and Halcrow are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement hotspot location database (HLD) because it is desirable for users to have a database of hotspots the user can connect to with preferred metrics and that could be shared with other users using the same database and having the hotspot operation and up to date (Halcrow, paragraph [0009], "One problem associated with current access to WIFI hotspots is that it is sometimes difficult for a user to locate a WIFI hotspot in a nearby geographic location… people new to the area or unfamiliar with the area may not know where these establishments are located. Travelers to a new location fall into this category of users…In addition, not all hotspots have the same performance or cost characteristics." and paragraph [0015], "Disclosed are a device, a method, and a computer program product for efficiently generating a substantially accurate list of available hotspots in geographic locations on a user's WIFI-enabled device…The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access.").
Regarding Claim 11, which is similar in scope to claim 4, thus rejected under the same rationale.
Regarding Claim 12, which is similar in scope to claim 5, thus rejected under the same rationale.
Regarding Claim 13, which is similar in scope to claim 7, thus rejected under the same rationale.
Regarding Claim 17, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU discloses the non-transitory processor-readable storage medium of claim 15.
wherein to identify the at least one hotspot the at least one processor is further caused to:
Hassan further discloses receive an indication of a route (Par.13, Fig.1:104a-104f, user devices) (paragraph [0024], Fig.4, "diagram illustrating an example client-side user interface…that illustrates a specified start location 404, an end location 406, a first suggested route 408, an second suggested route 410" and paragraph [0027], Fig.4:414a/b, "using the inputs 414a, 414b, 416, and 418, a user may be able to select routes," (i.e., Examiner points to Fig.4:414a and 414Bb as the user can use the inputs to send the route selection and that would be received by the machine.));
identify one or more network sectors that the user device will pass through while travelling the route (paragraph [0025], Fig.4 "display 400 may allow a user to better select between suggested routes 408 and 410 by knowing whether or not particular networks or network types are available for the entire trip." and paragraph [0026], "The display 400 may only include indicators 412 of particular importance to a user so-as not to overwhelm a user with data…a user may not need to know the connection quality of every channel of every network along a planned route…The client-side device may select these indicators using indications from the servers 102, user preferences, or any other basis" (i.e., Although not showing the every channel of every network on user-client, Hassan is suggesting that every channel the user passes is identified by the machine Fig.8:800 because the machine displays indicators with network quality in Fig.4.));
determining whether one or more hotspots of the plurality of hotspots are accessible by the user device while the user device travels the route (paragraph [0024], Fig.4:412, "The network indicators 412 may be obtained from the network map and may provide indication to a user of one or more parameters of one or more wireless networks. For example, the indicators 412 can provide indication that a Wi-Fi® network is available," (i.e., accessible and available is reading as the same, if Wi-Fi is not available then it is not accessible.)); and
FU further discloses cause the user device to transmit user device data when the user device is connected to the one or more hotspots based on the dynamic rate (paragraph [0036], Fig.1-1:3, "the cost prediction indicates that the cost for transmitting the data will potentially be lower within the delay tolerance than at present, in this case by anticipating a less costly WiFi connection within the delay tolerance. As a result, the wireless device 100 decides to wait and thus delays the data transmission by not transmitting immediately, as shown by a further action 1:3." (i.e., when the dynamic price is high and the user does not choose an alternative path then the user can delay the transmission of data until a wi-fi connection is established when traveling.)).
However, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU does not disclose receive hotspot data describing a plurality of hotspots, the plurality of hotspots including the at least one hotspot.
Halcrow discloses receive hotspot data describing a plurality of hotspots, the plurality of hotspots including the at least one hotspot (paragraph [0015], Fig.1:170 "The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access." and paragraph [0057], “the user's device would then report this information in real-time via Internet/wireless connectivity to Provider 140,… Provider 140 maintains a hotspot lookup/locating database (HLD) that correlates GPS coordinates with WIFI hotspots via the process illustrated by FIG. 3A,” (i.e., Harclow discloses a wi-fi hotspot database the user can access a plurality of hotspot based on GPS coordinates. HLD can contain “the at least one hotspot” since HLD is a compilation of hotspots other users have accessed or the user themselves.)).
Hassan in view of Egner in view of Mizusawa in further view of Da Silva in further view of FU and Halcrow are considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Hassan to implement hotspot location database (HLD) because it is desirable for users to have a database of hotspots the user can connect to with preferred metrics and that could be shared with other users using the same database and having the hotspot operation and up to date (Halcrow, paragraph [0009], "One problem associated with current access to WIFI hotspots is that it is sometimes difficult for a user to locate a WIFI hotspot in a nearby geographic location… people new to the area or unfamiliar with the area may not know where these establishments are located. Travelers to a new location fall into this category of users…In addition, not all hotspots have the same performance or cost characteristics." and paragraph [0015], "Disclosed are a device, a method, and a computer program product for efficiently generating a substantially accurate list of available hotspots in geographic locations on a user's WIFI-enabled device…The hotspot location database (HLD) includes an identification of detected hotspots that are currently operating and available for wireless access.").
Regarding Claim 18, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in view of FU in further view of Halcrow discloses the non-transitory processor-readable storage medium of claim 17.
Halcrow further discloses wherein the plurality of hotspots include hotspots to which the user device has previously been connected (paragraph [0061], Fig.3A:314, "By correlating GPS coordinates with live connections of wireless devices, Provider 140 is able to build a substantially accurate and current database of hotspots that other users are able to access." (i.e., Plurality of users other than "the user" can provide hotspot data to Provider 140 that would then be stored in Hotspot location data (HLD) and that could be hotspot data the other users have already accessed.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Regarding Claim 19, Hassan in view of Egner in view of Mizusawa in further view of Da Silva in view of FU in further view of Halcrow discloses the non-transitory processor-readable storage medium of claim 17.
Hassan further discloses wherein the at least one processor is further caused to:
determine an alternate route for the user device based on the hotspot data and the route (paragraph [0025], Fig.4, "The display 400 may allow a user to better select between suggested routes 408 and 410 by knowing whether or not particular networks or network types are available for the entire trip…A user may define any other further desires or requirements for travel, such as reliable voice connection, Wi-Fi® availability, or any other preferences." (i.e., wi-fi availability is reading as hotspot and the machine 800 identifies if the routes with available wi-fi based on user preference.)).
The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erkin S. Abdullaev whose telephone number is (571)272-4135. The examiner can normally be reached Monday - Friday - 8:00 am - 5:00 pm.
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/ERKIN ABDULLAEV/Examiner, Art Unit 2648
/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648