Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed on Feb. 2, 2026 with respect to claims 1 – 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s argument, “Isenmann differs from – the operating mode includes a channel selection and/or a setting of a radio protocol”, on page 9.
The examiner’s response, “Isenmann discloses, anapparatus 100 – Fig. 1, paragraph 0063. The field device apparatus 100 is connected to the communications network 106 via a link 201, which can be wireless 107 or wired 108. An indirect connection between a field device apparatus and an evaluation device via a communications network. Likewise the wireless evaluation device 105b is connected via a wireless link 202 or not shown in FIG. 2 the wired evaluation device 105a is connected to the communications network 106 via a wired link 202 – Fig. 2, paragraph 0071. A direct connection between a field device apparatus and an evaluation device – Fig. 3, paragraph 0077. Network interfaces 104a, 104b and 104c in communication device 103. The communications device 103 comprises the three network interfaces 104a, 104b, 104c. By means of said network interfaces 104a, 104b, 104c the field device apparatus 100 can be connected to one of the evaluation devices 105a, 105b. The evaluation device 105b is connected via a direct connection to the communications device 103, whereas the evaluation device 105a is connected indirectly to the communications device via the communications network 106 – Fig. 1, paragraph 0064.
At the same time, Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs (paragraph 0015).
The user is then able to select one of the access networks, e.g. to select between WWAN and WLAN and/or select between multiple available WLANs (paragraph 0124).
the user is presented with a list of available networks along with their quality as experienced by other users, or alternatively, a network is selected for the user based on pricing information, quality, and user needs/activity (paragraph 0127).
Please refer the detailed rejection below”.
Applicant’s argument, “nothing in Gillet would cause a person of skill to make a channel selection dependent on a terminal location , or to use a certain radio protocol dependent on the terminal location”, on page 10.
The examiner’s response, “Gillet teaches, the processing apparatus is further configured to control activation of the local transceiver to scan for subsequent availability of one or more of the wireless local area networks, in dependence on one or more of the measures of connection quality and associated geographical locations in the database relative to the geographical location of the mobile terminal as determined by the positioning module (ABSTRACT, paragraph 0005).
The mobile terminal 102 can thus access and index the table by location, to determine the identities of nearby networks and associated information such as quality, motion and/or cost (paragraph 0143)”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over
Isenmann US PGPub: US 2015/0156805 A1 Jun. 4, 2015 and in view of
Gillett US PGPub: US 2014/0003261 A1 Jan. 2, 2014.
Regarding claims 1, 9, Isenmann discloses,
field device, an expansion module for a field device (apparatus 100 – Fig. 1, paragraph 0063. The field device apparatus 100 is connected to the communications network 106 via a link 201, which can be wireless 107 or wired 108. An indirect connection between a field device apparatus and an evaluation device via a communications network. Likewise the wireless evaluation device 105b is connected via a wireless link 202 or not shown in FIG. 2 the wired evaluation device 105a is connected to the communications network 106 via a wired link 202 – Fig. 2, paragraph 0071. A direct connection between a field device apparatus and an evaluation device – Fig. 3, paragraph 0077) with at least two different radio communication devices (network interfaces 104a, 104b and 104c in communication device 103. The communications device 103 comprises the three network interfaces 104a, 104b, 104c. By means of said network interfaces 104a, 104b, 104c the field device apparatus 100 can be connected to one of the evaluation devices 105a, 105b. The evaluation device 105b is connected via a direct connection to the communications device 103, whereas the evaluation device 105a is connected indirectly to the communications device via the communications network 106 – Fig. 1, paragraph 0064) for different radio networks and/or protocols and/or at least one radio communication device with different operating modes and with a control device (selection/switching device 111. The selection device 111 or switching device 111 an operating mode of the communications device 103 can be selected. It is possible to switch between the direct connection mode via the interface 104c and the indirect connection mode via a communications network 106 and via the interfaces 104b or 104a – Fig. 1, paragraphs 0063 - 0066)
wherein the field device comprises a position detection device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070), wherein the control device is designed in such a way to activate one of the radio communication devices and an operating mode of the radio communication device depending on a determined position (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083),
but, does not disclose, wherein the operating mode includes a channel selection and/or a setting of a radio protocol.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claims 2, 12, Isenmann discloses all the claimed features,
but, does not disclose, field device according to wherein the position determination device is designed as a satellite-based position determination device.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 3, Isenmann discloses,
field device according to claim 1, wherein the position determination device is designed to evaluate position data provided by a wireless network (the status recognition device may be adapted to recognise the status, use status or state of use of the field device apparatus by means of a characteristic, the characteristic being selected from a group of characteristics. Said group of characteristics consists of a signal strength, a communications network availability signal, geoinformation, geological information, geoinformatic data, a time point or time period, and a registration entry. For example specific weekdays and/or specific time intervals can be selected as the time period – paragraphs 0051, 0070. The geoinformatic data may provide information about the site of the field device apparatus where the field device apparatus is located – paragraph 0052. The status recognition device 112 for example it is possible to determine that the mobile field device apparatus 100 is to be operated outside the range of the network infrastructure 106 or that for example the network infrastructure 106 has failed because of a defect - paragraph 0083).
Regarding claim 4, Isenmann discloses,
field device according to claim 1, wherein the radio communication devices are selected from the group of radio communication modules that are designed according to one of the standards WLANTM (wireless local area network WLAN – paragraph 0005), Bluetooth® (Bluetooth.RTM or Bluetooth RTM – paragraph 0005), Zigbee® (ZigBee – paragraph 0005), NB-IoTTM, LoRa®, Sigfox®, CAT-M and/or Z- Wave@.
Regarding claim 5, Isenmann discloses,
field device of claim 1 wherein the field device is set up to determine the availability of a communication network that can be connected by means of a radio communication device from the position data and to select one of the radio communication devices according to the availability (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070).
Regarding claim 6, Isenmann discloses all the claimed features,
but, does not disclose, field device of claim 1 wherein the operating mode further includes a transmit power.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 7, Isenmann discloses,
field device of claim 1 wherein the field device is set up to detect movement of the field device (when the field device apparatus and/or the evaluation device move out of range of the communications network and then establish a direct connection to one another – paragraph 0042. It is possible for example to establish from the signal strength that the field device apparatus has moved out of range of a communications network and thus has to provide access or access infrastructure itself in order to maintain communication with an evaluation device – paragraph 0052).
Regarding claim 8, Isenmann discloses,
field device of claim 1 wherein the field device is designed as a self-sufficient field device (self-sufficiently operated field device apparatus – paragraph 0049. In the case of mobile field device apparatuses 100 it may be that said apparatuses are to be used within an existing infrastructure 106 and as well that the mobile field device apparatuses 100 are to be used self-sufficiently – Figs. 2, 3, paragraphs 0074, 0080, 0081).
Regarding claim 10, Isenmann discloses all the claimed features,
but, does not disclose, a transportable container comprising a field device wherein the field device is designed according to Claim 1.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 11, Isenmann discloses,
a method for operating a field device or a field device with an expansion module according to Claim 9, comprising the following steps:
a. switching on or activating the field device (the field device apparatus 100 is connected to the communications network 106 via a link 201, which can be wireless 107 or wired 108. An indirect connection between a field device apparatus and an evaluation device via a communications network. Likewise the wireless evaluation device 105b is connected via a wireless link 202 or not shown in FIG. 2 the wired evaluation device 105a is connected to the communications network 106 via a wired link 202 – Fig. 2, paragraph 0071),
b. determining a position and/or a position signal indicating a position of the field device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070),
c. determination of radio communication networks available at the position on the basis of the determined position and the position signal indicating the position of the field device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070),
d. activation of one of the radio communication devices and/or an operating mode of the radio communication device depending on the position detected (a location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083),
e. transmitting and/or receiving data via the radio communication device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083), and
f. switching off or deactivating the radio communication device and/or field device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083),
but, does not disclose, wherein the operating mode includes a channel selection and/or a setting of a radio protocol.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 13, Isenmann discloses,
a method according to claim 10, wherein information from available radio communication networks is determined for position determination (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083).
Regarding claim 14, it is similar to claim 5 above and is rejected on the same grounds.
Regarding claim 15, Isenmann discloses all the claimed features,
but, does not disclose, a method according to Claim 14, wherein the determined availability is stored and/or transmitted to a control system.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 16, Isenmann discloses all the claimed features,
but, does not disclose, a method according to Claim 15, wherein in addition to the determined availability, a time of the determination is stored.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 17, Isenmann discloses all the claimed features,
but, does not disclose, a method according to Claim 15, wherein, in addition to the determined availability, a reception strength of a signal of the radio communication network is stored.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Regarding claim 18, Isenmann discloses,
a method according to Claim 10, wherein the field device detects movement of the field device and the steps of position determination and activation depending on the position occur in response to a detected movement and
in the absence of a detected movement, a previously activated radio communication device and/or previously activated operating mode of the radio communication device continues to be used (when the field device apparatus and/or the evaluation device move out of range of the communications network and then establish a direct connection to one another – paragraph 0042. It is possible for example to establish from the signal strength that the field device apparatus has moved out of range of a communications network and thus has to provide access or access infrastructure itself in order to maintain communication with an evaluation device – paragraph 0052).
Regarding claim 19, Isenmann discloses,
a non-transitory media storing computer program code for operating a field device or for an expansion module according to claim 9 for a field device which, when executed in a processor, causes the processor to carry out the following steps:
a. switching on or activating the field device (the field device apparatus 100 is connected to the communications network 106 via a link 201, which can be wireless 107 or wired 108. An indirect connection between a field device apparatus and an evaluation device via a communications network. Likewise the wireless evaluation device 105b is connected via a wireless link 202 or not shown in FIG. 2 the wired evaluation device 105a is connected to the communications network 106 via a wired link 202 – Fig. 2, paragraph 0071),
b. determining a position and/or a position signal indicating a position of the field device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070),
c. determination of radio communication networks available at the position on the basis of the determined position and the position signal indicating the position of the field device status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070),
d. activation of one of the radio communication devices and/or an operating mode of the radio communication device depending on the position detected (a location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083),
e. transmitting and/or receiving data via the radio communication device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083), and
f. switching off or deactivating the radio communication device and/or field device (status recognition device 112. The switching device 111, the switch 111 or the operating mode selection device 111 is controlled by the status recognition device 112. The status recognition device 112 can recognise the present status for example by means of a signal strength, a communications network-availability signal, geoinformatic data, a time point or time period, or a register entry in the field device apparatus 100 and set the associated operating mode – paragraphs 0051, 0070. A location-dependent switching can take place between the different types of connection or modes of operation – paragraphs 0052, 0083),
but, does not disclose, wherein the operating mode includes a channel selection and/or a setting of a radio protocol.
Gillett teaches, the user terminals 102 are equipped with a positioning system, coupled to the processor 112. A satellite-based positioning system 113 such as a GPS receiver - possibly including of the assisted GPS feature, configured to detect the geographical location of its respective user terminal 102 by reference to a plurality of satellites 107 according to techniques known in the art (ABSTRACT, Fig. 1/113, 2 – 4, paragraph 0062).
A mobile terminal performs a scan by powering up its wireless interface or interfaces and listening for paging signals from potential networks in order to determine which networks are present. The mobile terminal can thereby choose which network to connect to - e.g. to select between WLAN or WWAN, or between two or more overlapping WLANs. At the mobile, a table of data is stored comprising entries like {position, network, quality, time-of-day}. The quality parameter may comprise a measure of fidelity, such as signal strength or uplink and/or downlink bandwidth experienced on the network (paragraphs 0005, 0015, 0023).
Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs (paragraph 0027).
The geographical location at which the mobile terminal 102 took the measurement, as determined by the positioning system - e.g. GPS transceiver 113 of the mobile terminal 102 itself. The geographic information may comprise coordinates of the experience, e.g. in the form of a latitude and longitude (paragraph 0077).
The client running on the mobile terminal 102 then determines its own current geographic location using its positioning module, e.g. GPS 113, and uses its current location to index the database by geographic location (paragraph 0093).
The positioning module may be arranged to determine the location of the using one or more of: GPS, identification of one or more access points of the wireless local area networks, an identification of one or more cells of a wireless wide area network, a trilateration between ones of said access points and/or base stations, a measure of signal strength relative to one or more of said access points and/or base stations, and a comparison of a multipath signal pattern received by a base station with prior known information, or others (paragraph 0161).
Tagging networks with movement data, e.g. as being stationary or not. Stationary networks may be used when a user is stationary and vice versa. Certain WLAN access points APs are physically moving. For example, this is true for on-board car or train WLANs. This could be detected and stored in the dynamic tagging database. A moving user would probably want to connect to such a moving access point, whereas a stationary user would not want to connect to, for example, an access point that is just passing by (paragraph 0025).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a field device apparatus, for communicating with an evaluation device, can be operated in a direct or indirect operating mode, which both use the same access data of Isenmann (Isenmann, ABSTRACT, Figs. 1 – 3, paragraphs 0015, 0052, 0064, 0077) wherein the system of Isenmann, would have incorporated determining network availability based on geographical location of Gillet (Gillet, ABSTRACT, Figs. 1 - 4, paragraphs 0025, 0062, 0077, 0161) to find an improved way of determining when networks are likely to be available, so as to determine when to spend battery power on performing scans for WLAN networks (Gillet, paragraph 0017).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NIMESH PATEL/Primary Examiner, Art Unit 2642