DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. Amendments filed on 01/16/2026 are entered for prosecution. Claims 1-20 remain pending in the application.
Response to Arguments
3. Applicant's arguments with respect to claims 1-20 and filed 01/16/2026 have been fully considered but they are not persuasive.
Regarding claim 1:
Applicant respectfully contends that JIAO and Indurkar, alone or in combination, do not teach or suggest “(remarks page 11) provisioning the wireless device using a first cellular network connection initiated by the Bootstrap eSIM service or using a Wi-Fi network connection” and “(remarks page 11) Bootstrap eSIM service initiates… via the second cellular network connection according to the Bootstrap eSIM service”.
However, examiner respectfully disagrees. Indurkar discloses provisioning the wireless device using a first cellular network connection initiated by the Bootstrap eSIM service or using a Wi-Fi network connection, ([Col 3 lines 37-43] The present disclosure teaches a system and method for dynamically provisioning an electronic subscriber identity module (eSIM) in a wireless communication device. The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server (hence the first cellular network connection)); [Col 4 lines 49-62] In an embodiment, the radio transceiver 108 is configured to establish a wireless communication link with a cell site 110 according to a 5G, a long term evolution (LTE), a code division multiple access (CDMA), or a global system for mobile communications (GSM) telecommunication protocol… In an embodiment, the radio transceiver is configured to establish a wireless communication link with a wireless access point (AP) 114, for example using on a WiFi wireless communication protocol. The AP 114 is configured to communicatively couple the device 102 to the network 112) initiating, by the Bootstrap eSIM service, a second cellular network connection ([Col 3 lines 37-43] The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server… The wireless communication device, however, may be granted access by a RAN for purposes of requesting one or more eSIM profiles from the eSIM provisioning server; [Col 5 lines 25-35] An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications. Different eSIM profiles may comprise different data information items. An eSIM profile may comprise one or more of a coverage map, a preferred roaming list (PRL), radio access network (RAN) authentication credentials (hence the second cellular network connection), communication service keys, application service keys, encryption keys, a phone number, a network identity, and a country code; [Col 6 lines 40-45] Different eSIM profiles may be selected and activated by the device 102 for conduction wireless communication via the radio transceiver 108, for example in conducting cellular wireless communications) and providing data services over the second cellular network ([Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
The applicant further contends that there is no teaching, suggestion or other rationale, to modify the system of JIAO so that JIAO’s “(Remarks Page 14) hotspot is initiated and provided according to a Bootstrap eSIM service insofar as Indurkar only employs a Bootstrap service for initially provisioning a wireless device and does not teach that backup data services, e.g., via a hotspot, can be initiated and provided using a data service of a Bootstrap eSIM”.
However, examiner respectfully disagrees. The wireless device cannot access the cellular connection service without either a SIM card or eSIM. A SIM card or eSIM is required to identify the wireless device and authenticate the subscription with a network provider. Therefore, it would have been obvious of ordinary skill in the art at the time of the invention was filed to modify the device configured to provide the cellular connection service and the backup data services of JIAO to include the Bootstrap eSIM device configured to provide the Bootstrap eSIM service, provisioning the wireless device using the first cellular network connection initiated by the Bootstrap eSIM service or using the Wi-Fi network connection, initiating, by the Bootstrap eSIM service, the second cellular network connection and providing the backup data services over the second cellular network as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
The applicant submits similar contention to independent claims 1, 11 and 17. Therefore, the examiner applies similar reasoning and rejections to claim 1, 11 and 17, which claims 2-10, 12-16 and 18-20 are dependent upon.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-2, 5-12, 15-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over JIAO et al. (US 20220311481 A1, hereafter JIAO) in view of Indurkar (US 11716612 B1).
Regarding claim 1, JIAO discloses a wireless device (Fig. 1 – element 200, Mobile Device), comprising:
a device configured to provide a cellular connection service (Fig. 1 – element 200, Mobile Device; [0028] The mobile device 200 is configured with a WAN interface 204 including Internet connection circuitry (via, e.g., a cellular network interface such as 2G, 3G, 4G, or 5G), allowing not only the mobile device 200 to access the Internet 400, but also allows other client devices (e.g., client device 300) to access the Internet 400);
a processing system including a processor (Fig. 2 – element 205; [0031] The controller 205 controls the general operations of the mobile device 200 and includes, but is not limited to, a central processing unit (CPU), a hardware processor… or other similar processing device capable of executing any type of instructions, algorithms, or software for controlling the operation and performing the functions of the mobile device 200. General communication between the components (e.g., 201-206) of the mobile device 200 may be performed using an internal bus 208); and
a memory that stores executable instructions that (Fig. 2 – element 206; [0030] The memory 206 can be used to store any type of instructions including software such as a mobile application 207 associated with algorithms, processes, or operations for controlling the general functions and operations of the mobile device 200 and the creation and/or disabling of a hotspot for the client device 300. The mobile application 207 can be written by the manufacturer of the gateway/access point device 100 and installed in the mobile device 200 by the user), when executed by the processing system, facilitate performance of operations, the operations comprising:
establishing a local area connection with one or more devices including a home gateway (Fig. 4 – element S3; [0015] the system includes a gateway/access point device 100 normally connected to an operator 500 via a WAN connection 150 and also normally connected to a mobile device 200 via a connection 120 (e.g., a Wi-Fi connection) and a client device 300 via a connection 130 (e.g., a Wi-Fi connection)), the home gateway configured to access data services over a broadband network ([0016] The connection 450, the Internet 400, and the connection 150, between the operator 500 and the gateway/access point device 100 can be considered as encompassing and including any of a WAN… a media over coax (MoCA) network, a fiber optics network… a digital subscriber line (DSL), or a wireless broadband system such as a 2G, 3G, 4G or 5G network, for example);
receiving an indication that the data services over the broadband network are unavailable ([0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100; [0047] In Step S6, the gateway/access point device 100 checks if the mobile device 200 (i.e., the device for which “Backup Internet” service has been activated) is connected to the gateway/access point device 100 and if so, sends a creation request to the mobile device 200 to create a hotspot for the client device 300);
in response (Fig. 4 – S7, S9) to receiving the indication that the data services over the broadband network are unavailable (Fig. 4 – S5, S6):
initiating the cellular network connection with a cellular network to access the cellular network ([0047] the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as "Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?"; [0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection (The mobile device is connected to the internet via a cellular network connection; hence the mobile device has already initiated a cellular network connection with a cellular network). A connection 230 between the mobile device 200 and the client device 300 is implemented through a wireless connection that operates in accordance with, but is not limited to, any IEEE 802.11 protocol; [0028] The mobile device 200 is configured with a WAN interface 204 including Internet connection circuitry (via, e.g., a cellular network interface such as 2G, 3G, 4G, or 5G), allowing not only the mobile device 200 to access the Internet 400, but also allows other client devices (e.g., client device 300) to access the Internet 400), and
providing backup data services to the one or more devices over the cellular network according to the initiation of the cellular network according to the service ([0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself… the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200; [0048] In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap).
JIAO does not explicitly disclose a Bootstrap embedded subscriber identity module (eSIM) device configured to provide a Bootstrap eSIM service,
provisioning the wireless device using a first cellular network connection initiated by the Bootstrap eSIM service or using a Wi-Fi network connection,
initiating, by the Bootstrap eSIM service, a second cellular network connection, and
providing the backup data services over the second cellular network.
However, Indurkar discloses a Bootstrap embedded subscriber identity module (eSIM) device configured to provide a Bootstrap eSIM service ([Col 3 lines 37-43] The present disclosure teaches a system and method for dynamically provisioning an electronic subscriber identity module (eSIM) in a wireless communication device. The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server), provisioning the wireless device using a first cellular network connection initiated by the Bootstrap eSIM service or using a Wi-Fi network connection, ([Col 4 lines 49-62] In an embodiment, the radio transceiver 108 is configured to establish a wireless communication link with a cell site 110 according to a 5G, a long term evolution (LTE), a code division multiple access (CDMA), or a global system for mobile communications (GSM) telecommunication protocol… In an embodiment, the radio transceiver is configured to establish a wireless communication link with a wireless access point (AP) 114, for example using on a WiFi wireless communication protocol. The AP 114 is configured to communicatively couple the device 102 to the network 112) initiating, by the Bootstrap eSIM service, a second cellular network connection ([Col 3 lines 37-43] The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server… The wireless communication device, however, may be granted access by a RAN for purposes of requesting one or more eSIM profiles from the eSIM provisioning server; [Col 5 lines 25-35] An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications. Different eSIM profiles may comprise different data information items. An eSIM profile may comprise one or more of a coverage map, a preferred roaming list (PRL), radio access network (RAN) authentication credentials, communication service keys, application service keys, encryption keys, a phone number, a network identity, and a country code; [Col 6 lines 40-45] Different eSIM profiles may be selected and activated by the device 102 for conduction wireless communication via the radio transceiver 108, for example in conducting cellular wireless communications) and providing data services over the second cellular network ([Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the device configured to provide the cellular connection service and the backup data services of JIAO to include the Bootstrap eSIM device configured to provide the Bootstrap eSIM service, provisioning the wireless device using the first cellular network connection initiated by the Bootstrap eSIM service or using the Wi-Fi network connection, initiating, by the Bootstrap eSIM service, the second cellular network connection and providing the backup data services over the second cellular network as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 2, JIAO and Indurkar disclose the backup data services to the one or more devices over the cellular network according to the initiation of the cellular network connection, which is according to the Bootstrap eSIM service in claim 1 above.
JIAO further discloses wherein the operations further comprise:
receiving a second indication that the data services over the broadband network are again available ([0050] In Step S11, the Internet connection is restored at the gateway/access point device 100 and the gateway/access point device 100 turns on Wi-Fi service; [0051] In Step S12, the gateway/access point device 100 sends a disable request to the mobile device 200 to disable the hotspot; [0052] In Step S13, the user of the mobile device 200 accepts the disable request (by using the mobile application 207)); and
discontinuing the providing backup data services to the one or more devices over the cellular network according to the initiation of the cellular network connection ([0052] In Step S13, the user of the mobile device 200 accepts the disable request (by using the mobile application 207); [0053] In Step S14, the mobile device 200 steers the client device 300 to the gateway/access point device 100; [0054] In Step S15, the mobile device 200 disables the hotspot and the process ends).
Regarding claim 5, JIAO further discloses wherein the providing backup data services comprises:
providing a content item from a third-party content provider to a video device, wherein the video device is in data communication with the wireless device over the local area connection ([0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection… the mobile device 200 establishes a WLAN for communication using, e.g., Wi-Fi, and allows not only the mobile device 200 to access the Internet 400, but also allows the client device 300 to access the Internet 400 via the WLAN established by the mobile device 200; [0037] The client device 300 includes, for example, a smart phone, a computer… or other wireless consumer electronic device capable of executing and displaying the content received through the gateway/access point device 100; [0049] if video streams for a smart television would require too much data and would result in the mobile device 200 exceeding a data usage limit or byte cap, the user can omit the smart television from the candidate list. Only devices included in the candidate list may be allowed to connect to the hotspot (mobile device will provide the content item to the smart television if the data is within the data usage limit)).
Regarding claim 6, JIAO further discloses wherein the providing backup data services comprises:
providing internet access for a computer device, wherein the computer device is in data communication with the wireless device over the local area connection ([0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection… the mobile device 200 establishes a WLAN for communication using, e.g., Wi-Fi, and allows not only the mobile device 200 to access the Internet 400, but also allows the client device 300 to access the Internet 400 via the WLAN established by the mobile device 200; [0037] The client device 300 includes, for example, a smart phone, a computer; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses).
JIAO does not explicitly disclose the computer device accessing one more websites.
However, Indurkar discloses the computer device accessing one more websites ([Col 9 lines 26-35] - The UE 400 may execute a web browser application which enables the touch screen display 402 to show a web page. The web page may be obtained via wireless communications with a base transceiver station, a wireless network access node, a peer UE 400 or any other wireless communication network or system).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the computer device of JIAO to include the computer device accessing one more websites as taught by Indurkar. This would enable the end user to use the computer device to send and receive e-mail, play games, browse content, etc., with the provided internet access ([Col 10 – lines 10-15, lines 56-67] the communication may provide Internet connectivity, enabling a user to gain access to content on the Internet and to send and receive e-mail or text messages; The web browser application 608 may be executed by the UE 400 to browse content and/or the Internet, for example when the UE 400 is coupled to a network via a wireless link… the UE 400 to provide a variety of functionality including games, utilities, and other functionality).
Regarding claim 7, JIAO further discloses wherein the establishing a local area connection with one or more devices including a home gateway comprises:
initiating a Wi-Fi local area network (0015] As shown in FIG. 1, the system includes a gateway/access point device 100 normally connected to an operator 500 via a WAN connection 150 and also normally connected to a mobile device 200 via a connection 120 (e.g., a Wi-Fi connection) and a client device 300 via a connection 130 (e.g., a Wi-Fi connection) (the mobile device and client device is connected to the gateway via a Wi-Fi connection; hence the Wi-Fi local area network has already been initiated). The WAN connection 150 constructively provides access to the Internet 400);
establishing the wireless device as a hotspot in data communication with the Wi-Fi local area network ([0021] FIG. 2 is a schematic diagram of a system for prompting the creation of a hotspot on a mobile device (e.g., a first client device) for a client device (e.g., a second client device) using a gateway/access point device according to an embodiment of the present disclosure. As shown in FIG. 2, the system includes a gateway/access point device 100 connected to an operator 500 via a WAN connection 150 which constructively provides access to the Internet 400; [0047] In Step S6, the gateway/access point device 100 checks if the mobile device 200 (i.e., the device for which “Backup Internet” service has been activated) is connected to the gateway/access point device 100 and if so, sends a creation request to the mobile device 200 to create a hotspot for the client device 300); and
adding the one or more devices to the Wi-Fi local area network ([0045] In Step S4, the client device 300 transmits a request (e.g., including a respective MAC address) to the gateway/access point device 100 for connection to a network… The gateway/access point device 100 may compile a candidate list of the MAC addresses of the devices 200, 300. The user can edit the candidate list by selecting which devices are included or omitted from the candidate list. The gateway/access point device 100 may transmit responses for establishing network connections with the mobile device 200 and the client device 300, respectively. Each response may include, for example, an SSID established by the gateway/access point device 100 and part or all of the MAC address or serial number of the device transmitting the request (e.g., mobile device 200 transmitting the request in Step S3 or client device 300 transmitting the request in Step S4)).
Regarding claim 8, JIAO further discloses wherein the receiving an indication that the data services over the broadband network are unavailable comprises:
receiving, from the home gateway, an indication that the home gateway is no longer in data communication with a device of the broadband network ([0015] In FIG. 1, Internet connectivity is lost by the gateway/access point device 100 with the result that the client device 300 and the mobile device 200 lose Internet connectivity through Wi-Fi connections 120, 130 as well; [0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100; [0047] the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as “Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?”).
Regarding claim 9, JIAO further discloses wherein the operations further comprise initiating an initial operation of the wireless device ([0044] In Steps S1 and S2, the mobile device 200 and the client devices 300 are turned on by using their respective power supplies 202, 301 and in Step S3, the mobile device 200 transmits a request (e.g., including a respective Media Access Control (MAC) address) to the gateway/access point device 100 for connection to a network).
JIAO does not explicitly disclose accessing the Bootstrap eSIM device of the wireless device; based on information of the Bootstrap eSIM device, establishing a data session with the cellular network; receiving a carrier-specific eSIM for initial provisioning of the wireless device; and subsequently, accessing the carrier-specific eSIM for establishing subsequent data sessions of the wireless device with the cellular network.
However, Indurkar discloses accessing a Bootstrap eSIM device of the wireless device ([Col 5 lines 7-15] When the wireless device 102 powers on and determines that the eSIM 104 is provisioned only with the bootstrap profile 106 (the wireless device has an eSIM bootstrap profile as the default profile, hence the device is a Bootstrap eSIM device), it uses the bootstrap credentials to establish a wireless communication link to the cell site 110 (cellular network));
based on information of the Bootstrap eSIM device, establishing a data session with the cellular network ([Col 5 lines 18-25, lines 25-30] The radio transceiver 108 may invoke methods on the eSIM 104 to obtain communication parameters, identity information, authentication credentials, and service keys for use in establishing wireless communication links with the cell site 110; The device 102 sends a request to the provisioning application 122 for an eSIM profile. An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications; [Col 6 lines 15-22] the provisioning application 122 may send a plurality of eSIM profiles to the wireless communication device 102, and the device 102 may store the plurality of eSIM profiles in the eSIM 104. The device 20 102 may engage in wireless communications by using a selected one of the eSIM profiles);
receiving a carrier-specific eSIM for initial provisioning of the wireless device ([Col 5 lines 44-50] A first eSIM profile may configure the wireless communication device 102 for wireless communication on a first wireless communication network with subscriber service privileges in the first wireless communication network (e.g., not restricted by constraints that may be applied to a roaming device); [Col 6 lines 15-22] the provisioning application 122 may send a plurality of eSIM profiles to the wireless communication device 102, and the device 102 may store the plurality of eSIM profiles in the eSIM 104. The device 20 102 may engage in wireless communications by using a selected one of the eSIM profiles (eSIM profiles are carrier-specific and each profile is associated to a particular carrier/mobile network operator (MNO) and services)); and
subsequently, accessing the carrier-specific eSIM for establishing subsequent data sessions of the wireless device with the cellular network ([Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the operations of the wireless device of JIAO to include accessing the Bootstrap eSIM device of the wireless device; based on information of the Bootstrap eSIM device, establishing the data session with the cellular network; receiving the carrier-specific eSIM for initial provisioning of the wireless device; and subsequently, accessing the carrier-specific eSIM for establishing subsequent data sessions of the wireless device with the cellular network as taught by Indurkar. This would allow the wireless device to download a plurality of eSIM profiles and switch between them in order to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 10, JIAO and Indurkar disclose the uses of the Bootstrap eSIM device of the wireless device (the wireless device has an eSIM bootstrap profile as the default profile, hence the device is a Bootstrap eSIM device) as in claim 9 above.
JIAO further discloses wherein the operations further comprise:
Accessing the wireless device in response to the indication that the data services over the broadband network are unavailable ([0015] In FIG. 1, Internet connectivity is lost by the gateway/access point device 100 with the result that the client device 300 and the mobile device 200 lose Internet connectivity through Wi-Fi connections 120; [0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection; [0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100; [0047] In Step S6, the gateway/access point device 100 checks if the mobile device 200 (i.e., the device for which “Backup Internet” service has been activated) is connected to the gateway/access point device 100 and if so, sends a creation request to the mobile device 200 to create a hotspot for the client device 300…. the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as “Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?”; [0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200)…. In Step S9, the mobile device 200 creates the hotspot);
based on information of the wireless device, establishing a broadband backup data session with the cellular network ([0043] The mobile application 207 can be installed in the mobile device 200 by the user and the user can determine whether to activate “Backup Internet” service. Accordingly, the mobile device 200 can provide a hotspot service for the client device 300 only when necessary; [0048] In Step S7, the user of the mobile device 200 accepts the creation request… In Step S9, the mobile device 200 creates the hotspot. In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap); and
providing the backup data services to the one or more devices over the cellular network based on the information of the wireless device ([0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses. For example, if video streams for a smart television would require too much data and would result in the mobile device 200 exceeding a data usage limit or byte cap, the user can omit the smart television from the candidate list. Only devices included in the candidate list may be allowed to connect to the hotspot… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200).
JIAO does not explicitly disclose a Bootstrap eSIM device of the wireless device.
However, Indurkar discloses accessing a Bootstrap eSIM device of the wireless device ([Col 5 lines 7-15] When the wireless device 102 powers on and determines that the eSIM 104 is provisioned only with the bootstrap profile 106 (the wireless device has an eSIM bootstrap profile as the default profile, hence the device is a Bootstrap eSIM device), it uses the bootstrap credentials to establish a wireless communication link to the cell site 110 (cellular network)).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the operations of the wireless device of JIAO to include the Bootstrap eSIM device of the wireless device as taught by Indurkar. This would allow the wireless device to download a plurality of eSIM profiles and switch between them in order to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 11, JIAO discloses a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations ([0007] An embodiment described in the present disclosure provides a non-transitory computer-readable recording medium in an electronic device (e.g., gateway/access point device) for prompting the creation of a hotspot on a mobile device for a client device. The non-transitory computer-readable recording medium stores one or more programs which when executed by the hardware processor performs the steps of the methods described above), the operations comprising:
initiating a wireless local area network with one or more devices ([0015] As shown in FIG. 1, the system includes a gateway/access point device 100 normally connected to an operator 500 via a WAN connection 150 and also normally connected to a mobile device 200 via a connection 120 (e.g., a Wi-Fi connection) and a client device 300 via a connection 130 (e.g., a Wi-Fi connection) (the mobile device and client device are connected to the gateway via a Wi-Fi connection; hence the Wi-Fi local area network has already been initiated));
providing broadband data services to the one or more devices over the wireless local area network ([0017] The gateway/access point device 100 is a hardware electronic device that acts as a router for providing content received from the operator 500 to network devices (e.g., mobile device 200, client device 300 or a wireless extender) in one of more wireless networks), wherein the providing broadband data services comprises communicating data with a broadband network ([0016] The connection 450, the Internet 400, and the connection 150, between the operator 500 and the gateway/access point device 100 can be considered as encompassing and including any of a WAN… a media over coax (MoCA) network, a fiber optics network… a digital subscriber line (DSL), or a wireless broadband system such as a 2G, 3G, 4G or 5G network, for example);
identifying a failure in the communicating data with the broadband network ([0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100. The controller 107 can check the WAN connection by periodically sending a ping to one or more specified addresses or by periodically sending a Domain Name System (DNS) Query to a DNS server. If the ping or DNS Query fails repeatedly over a period of time (for example, one minute, ten minutes, etc.), a loss of Internet connectivity is detected. In other words, it is determined that the gateway/access point device 100 cannot communicate with servers reachable over the Internet);
in response (Fig. 4 – S7, S9) to identifying the failure in the communicating data with the broadband network (Fig. 4 – S5, S6):
automatically initiating a hotspot connection with a data service of the wireless device via a cellular connection ([0055] In the exemplary method and algorithm of FIG. 4, the prompting of the creation and disabling of the hotspot is performed automatically by the gateway/access point device 100; [0047] In Step S6, the gateway/access point device 100 checks if the mobile device 200 (i.e., the device for which “Backup Internet” service has been activated) is connected to the gateway/access point device 100 and if so, sends a creation request to the mobile device 200 to create a hotspot for the client device 300… The creation request may include a push notification in the mobile application 207 of the mobile device 200. For example, the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as “Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?”; [0048] In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap), and
providing backup broadband services to the one or more devices over the wireless local area network from the hotspot connection with the wireless device ([0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password. The network setting copying can be enabled on the 2.4 GHz band for better compatibility… In Step S9, the mobile device 200 creates the hotspot; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… Only devices included in the candidate list may be allowed to connect to the hotspot… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200), wherein the hotspot connection (Fig. 4 – S9) is established as the cellular network connection (hotspot is created with the mobile device cellular network connection – see [0020];[0028]) with a cellular network of the data service of the wireless device ([0048];) to access the cellular network ([0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection (The mobile device is connected to the internet via a cellular network connection; hence the mobile device’s hotspot has established a cellular network connection with a cellular network). A connection 230 between the mobile device 200 and the client device 300 is implemented through a wireless connection that operates in accordance with, but is not limited to, any IEEE 802.11 protocol; [0028] The mobile device 200 is configured with a WAN interface 204 including Internet connection circuitry (via, e.g., a cellular network interface such as 2G, 3G, 4G, or 5G), allowing not only the mobile device 200 to access the Internet 400, but also allows other client devices (e.g., client device 300) to access the Internet 400).
JIAO does not explicitly disclose the cellular network connection is using a Bootstrap embedded subscriber identity module (eSIM) data service.
However, Indurkar discloses a cellular network connection using a Bootstrap embedded subscriber identity module (eSIM) data service ([Col 5 lines 5-20] The bootstrap profile 106 may be used to bootstrap the wireless device 102 to configure itself for wireless communication. When the wireless device 102 powers on and determines that the eSIM 104 is provisioned only with the bootstrap profile 106, it uses the bootstrap credentials to establish a wireless communication link to the cell site 110 (cellular network) or the AP 114, which in turn couples the device 102 to the network 112 and via the network 112 to a server 120 that executes a provisioning application 122; [Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the cellular network connection of the wireless device of JIAO to include using the Bootstrap eSIM data service as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication need of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 12, JIAO further discloses the non-transitory machine-readable medium of claim 11, wherein the operations further comprise:
determining that data communication with the broadband network has resumed following the failure in the communicating data ([0050] In Step S11, the Internet connection is restored at the gateway/access point device 100 and the gateway/access point device 100 turns on Wi-Fi service; [0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100. The controller 107 can check the WAN connection by periodically sending a ping to one or more specified addresses or by periodically sending a Domain Name System (DNS) Query to a DNS server. If the ping or DNS Query fails repeatedly over a period of time (for example, one minute, ten minutes, etc.), a loss of Internet connectivity is detected (the restoration of the internet connection can be detected by the repeated successful pings or DNS queries over a period of time));
resuming the providing broadband data services to the one or more devices over the wireless local area network ([0051] In Step S12, the gateway/access point device 100 sends a disable request to the mobile device 200 to disable the hotspot. For example, when the Internet connection is restored, the mode of the gateway/access point device 100 can be changed from an access point (AP) mode in which the gateway/access point device 100 creates its own wireless (e.g., Wi-Fi) network to a station (STA) mode in which the gateway/access point device 100 can connect to a wireless (e.g., Wi-Fi) network created by another device. In STA mode, the gateway/access point device 100 may connect to the hotspot created by the mobile device 200. The gateway/access point device 100 could then send a message to the mobile device 200 via the hotspot and the mobile device 200 could pop up a notification in the mobile application 207 such as “Wi-Fi router is back in service, would you like to disable the hotspot?”; [0052] In Step S13, the user of the mobile device 200 accepts the disable request (by using the mobile application 207)… After receiving a reply from the mobile device 200 via the hotspot, the mode of the gateway/access point device 100 can be changed back to AP mode; [0053] In Step S14, the mobile device 200 steers the client device 300 to the gateway/access point device 100… Accordingly, the mobile device 200 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the gateway/access point device 100); and
terminating the hotspot connection with the wireless device ([0051]; [0052];).
Regarding claim 15, JIAO and Indurkar disclose establishing of a cellular network connection of the wireless device, according to the Bootstrap eSIM service (hence the wireless device is a Bootstrap eSIM device).
JIAO further discloses wherein the operations further comprise:
receiving, from the wireless device over the hotspot connection, content data from the cellular network connection with the cellular network ([0037] The client device 300 includes, for example, a smart phone, a computer… or other wireless consumer electronic device capable of executing and displaying the content received through the gateway/access point device 100; [0037] The client device 300 includes, for example, a smart phone, a computer… or other wireless consumer electronic device capable of executing and displaying the content received through the gateway/access point device 100; [0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password… In Step S9, the mobile device 200 creates the hotspot; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… if video streams for a smart television would require too much data and would result in the mobile device 200 exceeding a data usage limit or byte cap, the user can omit the smart television from the candidate list. Only devices included in the candidate list may be allowed to connect to the hotspot (the smart television will receive the video streaming content if the data is within the data usage limit of the hotspot)… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200).
JIAO does not explicitly disclose wherein the wireless device is operative to access a Bootstrap eSIM device of the wireless device and, based on information of the Bootstrap eSIM device of the wireless device, establish a Bootstrap data session with the cellular network.
However, Indurkar discloses wherein the wireless device is operative to access a Bootstrap eSIM device of the wireless device ([Col 5 lines 7-15] When the wireless device 102 powers on and determines that the eSIM 104 is provisioned only with the bootstrap profile 106 (the wireless device has an eSIM bootstrap profile as the default profile, hence the device is a Bootstrap eSIM device), it uses the bootstrap credentials to establish a wireless communication link to the cell site 110 (cellular network)) and, based on information of the Bootstrap eSIM device of the wireless device, establish a Bootstrap data session with the cellular network ([Col 5 lines 18-25, lines 25-30] The radio transceiver 108 may invoke methods on the eSIM 104 to obtain communication parameters, identity information, authentication credentials, and service keys for use in establishing wireless communication links with the cell site 110; The device 102 sends a request to the provisioning application 122 for an eSIM profile. An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications; [Col 6 lines 15-22] the provisioning application 122 may send a plurality of eSIM profiles to the wireless communication device 102, and the device 102 may store the plurality of eSIM profiles in the eSIM 104. The device 20 102 may engage in wireless communications by using a selected one of the eSIM profiles).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the operations of the wireless device of JIAO to include operations to access a Bootstrap eSIM device of the wireless device and, based on information of the Bootstrap eSIM device of the wireless device, establish a Bootstrap data session with the cellular network as taught by Indurkar. This would allow the wireless device to download a plurality of eSIM profiles and switch between them in order to optimize communication costs and communication services to best match the current communication need of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 16, JIAO further discloses the non-transitory machine-readable medium of claim 15, wherein the initiating a hotspot connection with a wireless device comprises:
accessing a Wi-Fi network established by the wireless device ([0020] A connection 230 between the mobile device 200 and the client device 300 is implemented through a wireless connection that operates in accordance with, but is not limited to, any IEEE 802.11 protocol. In an exemplary implementation, the mobile device 200 establishes a WLAN for communication using, e.g., Wi-Fi, and allows not only the mobile device 200 to access the Internet 400, but also allows the client device 300 to access the Internet 400 via the WLAN established by the mobile device 200; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… Only devices included in the candidate list may be allowed to connect to the hotspot… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200).
Regarding claim 17, JIAO discloses a method, comprising:
a wireless device (Fig. 1 – element 200, Mobile Device), using, by a processing system including a processor ([0031] The controller 205 controls the general operations of the mobile device 200 and includes, but is not limited to, a central processing unit (CPU), a hardware processor such as, a microprocessor, a multi-core processor, a single core processor), a cellular network connection ([0028] The mobile device 200 is configured with a WAN interface 204 including Internet connection circuitry (via, e.g., a cellular network interface such as 2G, 3G, 4G, or 5G), allowing not only the mobile device 200 to access the Internet 400, but also allows other client devices (e.g., client device 300) to access the Internet 400),
establishing, by the processing system ([0031];), a hotspot network with one or more devices including a home gateway, the home gateway configured to access broadband data services over a broadband network ([0006] An embodiment of the present disclosure provides a method for prompting the creation of a hotspot on a mobile device for a client device. The method comprises establishing a service set identifier (SSID) for communication with a first client device and a second client device via a network interface of an electronic gateway device; determining whether the electronic gateway device is presently able to communicate with the Internet; upon a determination that the electronic gateway device is not able to communicate with the Internet, sending: (i) information identifying the SSID; and (ii) a creation request to the first client device to create a wireless hotspot network with the SSID for connection to the Internet; and sending a steering instruction to the second client device for steering the second client device to the wireless hotspot network of the first client device for connection to the Internet; ([0016] The connection 450, the Internet 400, and the connection 150, between the operator 500 and the gateway/access point device 100 can be considered as encompassing and including any of a WAN… a media over coax (MoCA) network, a fiber optics network… a digital subscriber line (DSL), or a wireless broadband system such as a 2G, 3G, 4G or 5G network, for example); [0043] The mobile application 207 can be installed in the mobile device 200 by the user and the user can determine whether to activate “Backup Internet” service. Accordingly, the mobile device 200 can provide a hotspot service for the client device 300 only when necessary);
receiving, by the processing system ([0031];), from the home gateway, an indication that the broadband data services are unavailable ([0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100. The controller 107 can check the WAN connection by periodically sending a ping to one or more specified addresses or by periodically sending a Domain Name System (DNS) Query to a DNS server. If the ping or DNS Query fails repeatedly over a period of time (for example, one minute, ten minutes, etc.), a loss of Internet connectivity is detected. In other words, it is determined that the gateway/access point device 100 cannot communicate with servers reachable over the Internet);
in response (Fig. 4 – S7, S9) to receiving the indication that the broadband data services are unavailable (Fig. 4 – S5, S6):
accessing, by the processing system ([0031];), the wireless device, ([0046] In Step S5, the loss of Internet connectivity is detected at the gateway/access point device 100… In other words, it is determined that the gateway/access point device 100 cannot communicate with servers reachable over the Internet; [0047] In Step S6, the gateway/access point device 100 checks if the mobile device 200 (i.e., the device for which “Backup Internet” service has been activated) is connected to the gateway/access point device 100 and if so, sends a creation request to the mobile device 200 to create a hotspot for the client device 300… For example, the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as “Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?”; [0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200));
initiating, by the processing system, the cellular network connection with a cellular network ([0047] the gateway/access point device 100 could send a message to the mobile device 200 and the mobile device 200 could pop up a notification in the mobile application 207 such as "Wi-Fi router is out of service, would you like to open a hotspot on your smartphone to provide Internet service for smart devices?"; [0020] In FIG. 1, an Internet connection between the gateway/access point device 100 and the Internet is lost. A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection (The mobile device is connected to the internet via a cellular network connection; hence the mobile device has already initiated a cellular network connection with a cellular network). A connection 230 between the mobile device 200 and the client device 300 is implemented through a wireless connection that operates in accordance with, but is not limited to, any IEEE 802.11 protocol; [0028] The mobile device 200 is configured with a WAN interface 204 including Internet connection circuitry (via, e.g., a cellular network interface such as 2G, 3G, 4G, or 5G), allowing not only the mobile device 200 to access the Internet 400, but also allows other client devices (e.g., client device 300) to access the Internet 400), wherein the initiating the cellular network connection is based on a data service of the wireless device ([0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200)… If, however, the user declines the creation request (for example, by clicking “NO” on the mobile application 207 running on the mobile device 200), the process ends. In Step S9, the mobile device 200 creates the hotspot. In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap), and
providing, by the processing system ([0031];), backup data services from the cellular network connection to the home gateway over the hotspot network ([0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password. The network setting copying can be enabled on the 2.4 GHz band for better compatibility… In Step S9, the mobile device 200 creates the hotspot; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… Only devices included in the candidate list may be allowed to connect to the hotspot… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200 (the mobile device is providing backup data services from the cellular network to other devices via the hotspot)) according to the data service ([0048] In Step S9, the mobile device 200 creates the hotspot. In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap).
JIAO does not explicitly disclose provisioning the wireless device using a first cellular network connection initiated by a Bootstrap eSIM service or using a Wi-Fi network connection, initiating a second cellular network connection with the cellular network, and providing the backup data services over the second cellular network.
However, Indurkar discloses provisioning a wireless device ([Col 3 lines 37-43] The present disclosure teaches a system and method for dynamically provisioning an electronic subscriber identity module (eSIM) in a wireless communication device. The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server) using a first cellular network connection initiated by a Bootstrap eSIM service or using a Wi-Fi network connection ([Col 4 lines 49-62] In an embodiment, the radio transceiver 108 is configured to establish a wireless communication link with a cell site 110 according to a 5G, a long term evolution (LTE), a code division multiple access (CDMA), or a global system for mobile communications (GSM) telecommunication protocol… In an embodiment, the radio transceiver is configured to establish a wireless communication link with a wireless access point (AP) 114, for example using on a WiFi wireless communication protocol. The AP 114 is configured to communicatively couple the device 102 to the network 112), initiating, a second cellular network connection with the cellular network ([Col 3 lines 37-43] The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server… The wireless communication device, however, may be granted access by a RAN for purposes of requesting one or more eSIM profiles from the eSIM provisioning server; [Col 5 lines 25-35] An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications. Different eSIM profiles may comprise different data information items. An eSIM profile may comprise one or more of a coverage map, a preferred roaming list (PRL), radio access network (RAN) authentication credentials, communication service keys, application service keys, encryption keys, a phone number, a network identity, and a country code; [Col 6 lines 40-45] Different eSIM profiles may be selected and activated by the device 102 for conduction wireless communication via the radio transceiver 108, for example in conducting cellular wireless communications), and providing the backup data services over the second cellular network ([Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the cellular connection service and the backup data services of JIAO to include provisioning the wireless device using the first cellular network connection initiated by the Bootstrap eSIM service or using the Wi-Fi network connection, initiating the second cellular network connection with the cellular network, and providing the backup data services over the second cellular network as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
Regarding claim 18, JIAO further discloses the method of claim 17, further comprising:
receiving, by the processing system, backup data over the cellular network for the one or more devices ([0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200), wherein the backup data comprises data from the broadband data services over the broadband network prior to the indication that the broadband data services are unavailable ([0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password. The network setting copying can be enabled on the 2.4 GHz band for better compatibility… In Step S9, the mobile device 200 creates the hotspot).
Regarding claim 20, JIAO further discloses the method of claim 17, further comprising:
receiving, by the processing system, a second indication that the broadband data services are again available over the broadband network ([0050] In Step S11, the Internet connection is restored at the gateway/access point device 100 and the gateway/access point device 100 turns on Wi-Fi service; [0051] In Step S12, the gateway/access point device 100 sends a disable request to the mobile device 200 to disable the hotspot); and
terminating the cellular network connection with a cellular network ([0052] In Step S13, the user of the mobile device 200 accepts the disable request (by using the mobile application 207); [0054] In Step S15, the mobile device 200 disables the hotspot (the cellular network is terminated)).
JIAO does not explicitly disclose the cellular network connection being terminated is the second cellular network connection.
However, Indurkar discloses the second cellular network connection ([Col 3 lines 37-43] The wireless communication device initially may be provisioned with a bootstrap eSIM profile which identifies an eSIM provisioning server… The wireless communication device, however, may be granted access by a RAN for purposes of requesting one or more eSIM profiles from the eSIM provisioning server; [Col 5 lines 25-35] An eSIM profile comprises provisioning information and/or configuration information for establishing and conducting wireless communications. Different eSIM profiles may comprise different data information items. An eSIM profile may comprise one or more of a coverage map, a preferred roaming list (PRL), radio access network (RAN) authentication credentials, communication service keys, application service keys, encryption keys, a phone number, a network identity, and a country code; [Col 6 lines 40-45] Different eSIM profiles may be selected and activated by the device 102 for conduction wireless communication via the radio transceiver 108, for example in conducting cellular wireless communications).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the cellular network connection being terminated of JIAO to include the second cellular network connection as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication needs of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];) and resume the broadband network so that the wireless devices are no longer subjected to the data usage limit when hotspot is enabled (JIAO - [0048] In some variations, the mobile device 200 may also limit the amount of bandwidth allocated to the hotspot to prevent the mobile device 200 from exceeding a data usage limit or byte cap).
6. Claims 3-4, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over JIAO in view of Indurkar and in further view of Sicard (US 20200260241 A1).
Regarding claim 3, JIAO and Indurkar disclose providing backup data services over the cellular network as in claim 1 above.
JIAO and Indurkar do not explicitly disclose the communication with an entitlement server for registration.
However, Sicard discloses the communication with an entitlement server for registration (Abstract - initiating at least one device comprising an eSIM; connecting the eSIM to at least one of an entry point of a Mobile Network Operator (MNO) and an entitlement configuration server (ECS); activating, authenticating, and/or authorizing the eSIM; and connecting the eSIM with a cellular data service or a data network of the MNO).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the backup data services over cellular network of JIAO and Indurkar to include the communication with an entitlement server for registration as taught by Sicard. This would allow the wireless device to seamlessly register and activate the eSIM to connect to the internet and provide backup data services over cellular network without the need to scan a QR code or be at physical store location (Sicard – [0015] initiating, authenticating, authorizing, and activating of an eSIM-containing device through the MNO's entitlement configuration server (ECS) to fully automate the eSIM connection process and permit MNOs to offer more convenient opportunities to their customers for connecting their devices to the Internet and to each other without the need for physical QR codes or the need to physically present themselves at a MNO's store location. This remote fully automated eSIM provisioning through an ECS allows the end-user to designate a MNO of choice quickly, identify him/herself and activate the eSIM without the need to rely on physical codes or a physical presence in a MNO's store location).
Regarding claim 4, JIAO further discloses the wireless device of claim 1, wherein the operations further comprise:
determining the providing the backup data services is a first time for providing the backup data services; and wherein the communicating with the cellular network is responsive to the determining the providing the backup data services is a first time for providing the backup data services (Fig. 4 – S9 this is the first instance where the hotspot is created in order to provide backup internet; [0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password. The network setting copying can be enabled on the 2.4 GHz band for better compatibility);
JIAO and Indurkar do not explicitly disclose the communication with an entitlement server to register the wireless device for the cellular network, wherein the communicating with the entitlement server is responsive to the providing of the cellular network.
However, Sicard discloses the communication with an entitlement server to register the wireless device for the cellular network, wherein the communicating with the entitlement server is responsive to the cellular network ([0022] In operation, the ECS 104 (Entitlement Configuration Server) acts as the control element for the activation process flow. This structure provides several alternative pathways by which the ECS 104 can process the flow as the primary entry point. Once the eSIM device 101 is turned on and the eSIM activation application is invoked (first time the eSIM is ), a mobile station international subscriber director number (MSISDN) mapping service 202 may identify the MNO behind the end-user's MSISDN. The MNO's entry point for the activation procedure (the MBO ECS) is then also determined and activated. The MSISDN mapping service 202 is a uniquely identifying subscription number in a mobile network and maps the telephone number or other modality identification protocol to the SIM card; [0023] After successful authentication, the OIDC Authentication Server 215 returns an access token 213 to the ECS, which is used to validate 214 the authentication procedure and obtain additional information on the end-user from the OIDC Authentication Server. The ECS can then verify the eligibility and subscription attributes 221 of the end-user by querying the proper Service Data System 222 at the MNO. The MNO's eSIM Plan Selection Web Server 207 is introduced in the flow by the ECS… The eSIM Plan Selection Web Server 207 displays available plans to the end-user and carries out subscription requests 208 to the MNO's Subscription Management System 209; [0025] After a carrier open authorization OpenID (ODIC) server is authenticated, the eSIM on the primary device 106 is ready for use).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the first time of providing the backup data services of JIAO and Indurkar to include the communication with an entitlement server to register the wireless device for the cellular network, wherein the communicating with the entitlement server is responsive to the providing of the cellular network as taught by Sicard. This allows the wireless device to activate the eSIM with cellular network through the MNO’s ECS in order to provide backup data services over cellular network without scanning a QR code or being at the physical store location (Sicard - [0015] Methods and systems disclosed herein provide for the initiating, authenticating, authorizing, and activating of an eSIM-containing device through the MNO's entitlement configuration server (ECS) to fully automate the eSIM connection process and permit MNOs to offer more convenient opportunities to their customers for connecting their devices to the Internet and to each other without the need for physical OR codes or the need to physically present themselves at a MNO's store location). It also allows the wireless device to switch to an MNO that is less expensive with better coverage without much of hassle ([0016] the full automation of eSIM connectivity and activation through an ECS may allow the end-user to receive desired access quickly with little associated cost, to switch MNOs faster, to find the least expensive MNO with the best coverage).
Regarding claim 19, JIAO does not disclose the data service of the Boostrap eSIM available according to a service subscription.
However, Indurkar discloses the data service of the Bootstrap eSIM available ([Col 5 lines 5-20] The bootstrap profile 106 may be used to bootstrap the wireless device 102 to configure itself for wireless communication. When the wireless device 102 powers on and determines that the eSIM 104 is provisioned only with the bootstrap profile 106, it uses the bootstrap credentials to establish a wireless communication link to the cell site 110 (cellular network) or the AP 114, which in turn couples the device 102 to the network 112 and via the network 112 to a server 120 that executes a provisioning application 122; [Col 6 lines 40-45] When it has been provisioned, the eSIM 104 may store a plurality of eSIM profiles 136, for example a first eSIM profile, a second eSIM profile, and a third eSIM profile. Different eSIM profiles may be selected and activated by the device 102 for conduction wireless communication via the radio transceiver 108, for example in conducting cellular wireless communications) according to a service subscription ([Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity; [Col 4 lines 16-24] one or more eSIM profiles from a decision making server that is operated by a wireless communication service provider associated with the wireless communication device (e.g., the wireless communication device may be 20 affiliated with or sold by the service provider or may be subscribed to receive wireless communication service with the service provider)).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the wireless device of JIAO to include the data service of the Bootstrap eSIM available according to the service subscription as taught by Indurkar. This would allow the wireless device to download and switch between different eSIM profiles to optimize communication costs and communication services to best match the current communication need of the wireless device (Indurkar - [Col 6 lines 60-65] the provisioning of a plurality of eSIM profiles 136 to the device 102 enables the device to optimize communication costs and communication services. The different eSIM profiles 136 may provide alternative mixes of operating parameters and/or radio spectrum parameters that promote the wireless communication device 102 activating one of the eSIM profiles 136 that best matches a current communication need of the device 102; [Col 7 lines 15-22];).
JIAO and Indurkar does not explicitly disclose the communicating, by the processing system, with an entitlement server to register for the data service of the Bootstrap eSIM.
However, Sicard discloses an entitlement server to register for a service, the service available to a wireless device comprising of an eSIM (Abstract - initiating at least one device comprising an eSIM; connecting the eSIM to at least one of an entry point of a Mobile Network Operator (MNO) and an entitlement configuration server (ECS); activating, authenticating, and/or authorizing the eSIM; and connecting the eSIM with a cellular data service or a data network of the MNO; [0029] eSIM activation and cellular subscription selection by a consumer to a Carrier of choice follows specifications from GSMA (Groupe Speciale Mobile Association), the trade body representing Mobile Network Operator (MNOs), which are cellular service providers).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the data service of the Bootstrap eSIM of JIAO and Indurkar to include communicating to an entitlement server to register for a service, the service available to the wireless device as taught by Sicard. This allows the wireless device to register the Bootstrap eSIM with subscription to a cellular network service through the MNO’s ECS without scanning a QR code or being at the physical store location (Sicard - [0015] Methods and systems disclosed herein provide for the initiating, authenticating, authorizing, and activating of an eSIM-containing device through the MNO's entitlement configuration server (ECS) to fully automate the eSIM connection process and permit MNOs to offer more convenient opportunities to their customers for connecting their devices to the Internet and to each other without the need for physical OR codes or the need to physically present themselves at a MNO's store location). It also allows the wireless device to switch to an MNO that has a less expensive with better coverage subscription if there is one available (Sicard - [0016] the full automation of eSIM connectivity and activation through an ECS may allow the end-user to receive desired access quickly with little associated cost, to switch MNOs faster, to find the least expensive MNO with the best coverage; Indurkar - [Col 7 lines 15-22] A first eSIM profile 136 may be selected to be activated that provides higher quality of service (QoS) albeit with higher service cost to the subscriber when conducting a first communication activity, and a second eSIM profile 136 may be selected to be activated that provides lower QoS but with lower service cost to the subscriber when conducting a second communication activity).
7. Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over JIAO in view of Indurkar and in further view of Katrib (US 20210068203 A1).
Regarding claim 13, JIAO further discloses wherein the providing broadband data services to the one or more devices over the wireless local area network comprises:
providing the one or more streaming content items from the broadband network to the one or more devices over the wireless local area network ([0017] The gateway/access point device 100 is a hardware electronic device that acts as a router for providing content received from the operator 500 to network devices (e.g., mobile device 200, client device 300 or a wireless extender) in one of more wireless networks; ).
JIAO does not explicitly disclose the request of one or more streaming content items from a third-party content provider over the broadband network.
However, Katrib discloses the request of one or more streaming content items from a third-party content provider over the broadband network ([0068] With reference to FIG. 4, at block 405, a selection of a video port and a livestreaming application may be received… For example, the gateway device 100 may include one or more processing units and machine readable media, such as non-volatile storage, and may store one or more native or third party streaming applications. The third party video streaming applications may include, for example, and without limitations, network device interface (NDI), YouTube Live, Facebook Live, Twitch, and similar applications; [0096] The electronic device 151 may request the gateway device 101 to send (or the gateway device 101 may be configured to automatically send) a copy of the stored content to the electronic device 151. In addition, or alternatively, the electronic device 151 may include video editing software that may store a copy of the livestreamed video content. The user of the electronic device 151 may then edit the content and send the edited content back to the gateway 100 in order for the production personnel in the field to see the edited content; [0080] The gateway device 100 may encrypt the compressed video data and may livestream the compressed (and encrypted) video data through a wireless link to a nearby cellular tower 141. The livestream may then be broadcast through the wireless service provider infrastructure 140 and/or additional cellular towers 142 to one or more destination devices 101-102 and 151-155. The livestream may also be broadcast to one or more of the electronic devices 171-173 in the local network 145).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the non-transitory machine-readable medium of JIAO to include the request of one or more streaming content items from a third-party content provider over the broadband network as taught by Katrib. This allows the one or more wireless devices to display and edit the livestream content in real-time if necessary (Katrib - [0083] Livestreaming of video data allows the destination devices 101-102, 151-155, and 172-173 to display and use the content, as the content is being captured by the video camera 161 in real-time; [0092] A destination electronic device may edit the livestream content and send back the edited content in real-time to one or more corroborating electronic devices, including the gateway device 100 and the electronic devices 171-173 that are physically at the production location. The electronic device that edits the livestream content may belong to, for example and without limitations, an editor, an effect artist, or any personnel who may be doing post production work).
Regarding claim 14, JIAO, Indurkar and Katrib disclose the requesting and providing of streaming contents are from a third-party content provider as in claim 13 above.
JIAO further wherein the providing backup broadband services comprises:
requesting the one or more streaming content items over the cellular network ([0049] For example, if video streams for a smart television would require too much data and would result in the mobile device 200 exceeding a data usage limit or byte cap, the user can omit the smart television from the candidate list. Only devices included in the candidate list may be allowed to connect to the hotspot. For example, the controller 107 could suppress probe response messages from the gateway/access point device 100 to the client device 300, decline association with the client device 300, and/or dissociate the client device 300 from the gateway/access point device 100); and
providing the one or more streaming content items from the cellular network and the hotspot connection with the wireless device to the one or more devices over the wireless local area network ([0020] A connection 240 between the mobile device 200 and the Internet 400 is implemented through a WAN connection… the mobile device 200 establishes a WLAN for communication using, e.g., Wi-Fi, and allows not only the mobile device 200 to access the Internet 400, but also allows the client device 300 to access the Internet 400 via the WLAN established by the mobile device 200; [0037] The client device 300 includes, for example, a smart phone, a computer… or other wireless consumer electronic device capable of executing and displaying the content received through the gateway/access point device 100; [0048] In Step S7, the user of the mobile device 200 accepts the creation request (for example, by clicking “YES” on the mobile application 207 running on the mobile device 200). In Step S8, a network or Wi-Fi setting of the gateway/access point device 100 is sent from the gateway/access point device 100 to the mobile device 200 and copied by the mobile device 200. The network setting may include at least one of the SSID established by the gateway/access point device 100, security information or a password… In Step S9, the mobile device 200 creates the hotspot; [0049] In Step S10, the gateway/access point device 100 steers the client device 300 to the mobile device 200 and stops providing Wi-Fi service itself. The steering can be based on the candidate list of MAC addresses… if video streams for a smart television would require too much data and would result in the mobile device 200 exceeding a data usage limit or byte cap, the user can omit the smart television from the candidate list. Only devices included in the candidate list may be allowed to connect to the hotspot (mobile device will provide the video streams content to the smart television if the data is within the data usage limit)… Accordingly, the gateway/access point device 100 can guide the client device 300 to perform a handshake (i.e., establish a network connection) with the mobile device 200).
JIAO does not explicitly disclose the request of one or more streaming content items from a third-party content provider.
However, Katrib discloses the one or more streaming content items from a third-party content provider ([0068] With reference to FIG. 4, at block 405, a selection of a video port and a livestreaming application may be received… For example, the gateway device 100 may include one or more processing units and machine readable media, such as non-volatile storage, and may store one or more native or third party streaming applications. The third party video streaming applications may include, for example, and without limitations, network device interface (NDI), YouTube Live, Facebook Live, Twitch, and similar applications; [0096] The electronic device 151 may request the gateway device 101 to send (or the gateway device 101 may be configured to automatically send) a copy of the stored content to the electronic device 151. In addition, or alternatively, the electronic device 151 may include video editing software that may store a copy of the livestreamed video content. The user of the electronic device 151 may then edit the content and send the edited content back to the gateway 100 in order for the production personnel in the field to see the edited content; [0080] The gateway device 100 may encrypt the compressed video data and may livestream the compressed (and encrypted) video data through a wireless link to a nearby cellular tower 141. The livestream may then be broadcast through the wireless service provider infrastructure 140 and/or additional cellular towers 142 to one or more destination devices 101-102 and 151-155. The livestream may also be broadcast to one or more of the electronic devices 171-173 in the local network 145).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the request of one or more streaming content items of JIAO to include the one or more streaming content items from a third-party content provider as taught by Katrib. This allows the one or more wireless devices to display and edit the livestream content in real-time if necessary (Katrib - [0083] Livestreaming of video data allows the destination devices 101-102, 151-155, and 172-173 to display and use the content, as the content is being captured by the video camera 161 in real-time; [0092] A destination electronic device may edit the livestream content and send back the edited content in real-time to one or more corroborating electronic devices, including the gateway device 100 and the electronic devices 171-173 that are physically at the production location. The electronic device that edits the livestream content may belong to, for example and without limitations, an editor, an effect artist, or any personnel who may be doing post production work).
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. PTO-892 form.
PADOVA et al. (US 20240267722 A1) teaches managing configuration of a bootstrap electronic SIM (eSIM) for a wireless device.
Chastain et al. (US 20220014890 A1) teaches a new registration information to renew subscription of services on one mobile network or migrating to another mobile network wherein the bootstrap profile can be provisioned on the eSIM.
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/THERESA NGUYEN/Examiner, Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418