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 .
DETAILED ACTION
1. This communication is response to the application filed 03/29/2019 havingclaims 1-20 pending and presented for examination.
Priority
2. Application filed on 2/13/2017 is a has no priority.
Drawings
3. The drawings were received on 5/31/2023 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/13/2017 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 5/31/2023 is accepted by the examiner.
Claim Rejections - 35 USC § 102
1. 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 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.
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-7, 9-14, 16-20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by US Publication US 20240121684 A1 LV et al. (Hereinafter “LV ").
As per claim 1, LV teaches a system, comprising: a private radio-based network using Citizens Broadband Radio Service (CBRS) spectrum (para 0022], fig. 1, network comprising a private network for communication with terminals); a communication service provider (CSP)-operated radio-based network using licensed spectrum (para 0022], fig. 1, (para 0022], fig. 1, network comprising a public network for communication with terminals, which are licensed network such as 5g ) ; and a mobility management service configured to at least dynamically switch user equipment authorized to access both the private radio-based network and the CSP-operated radio-based network from the private radio-based network to the CSP-operated radio-based network (para 0044-0045], fig.2, management system managed by cloud network dynamically switch to access both the private radio-based network and the CSP-operated radio-based network from the private radio-based network to the CSP-operated radio-based network).
As per claim 2, LV teaches the system of claim 1, wherein the mobility management service is further configured to at least dynamically switch the user equipment from the CSP-operated radio-based network to the private radio-based network ((para 0044-0045], fig.2, based on the location of the UE least dynamically switch the user equipment from the CSP-operated radio-based network to the private radio-based network).
As per claim 4, LV teaches the system of claim 1, wherein one or more core network functions for the CSP-operated radio-based network and the private radio-based network are implemented in a cloud provider network (para 0009], operated radio-based network and the private radio-based network are implemented in a cloud provider network).
As per claim 5, LV teaches the system of claim 1, wherein the mobility management service is executed in a cloud provider network (para 0009], operated radio-based network and the private radio-based network are implemented in a cloud provider network).
As per claim 6, LV teaches the system of claim 1, wherein the mobility management service is executed in the user equipment (para 0009], cloud service is executed on the user device).
As per claim 7, LV teaches the system of claim 1, wherein the user equipment includes a first subscriber identity module (SIM) card to authorize access to the private radio-based network and a second SIM card to authorize access to the CSP-operated radio-based network (para 0005], 4G public network and the 5G public network are accessed using dual SIM cards, and only one private network and one public network can be used ).
As per claim 9, LV teaches the system of claim 1, wherein the user equipment includes a SIM card provisioned in the private radio-based network and the CSP-operated radio-based network, and a core network function of the private radio-based network is in communication with a core network function of the CSP-operated radio-based network to facilitate dual use of the SIM card (para 0044-0045], fig.2, s a SIM card provisioned in the private radio-based network and the CSP-operated radio-based network, and a core network function of the private radio-based network is in communication with a core network function of the CSP-operated radio-based network to facilitate dual use of the SIM card).
As per claim 10, LV teaches the computer-implemented method, comprising: sending or receiving first data via a private radio-based network using a wireless network connection in a user equipment (UE) device (para 0022], fig. 1, communicating between terminals and cloud communication system and communicates with a private network); determining to switch the wireless network connection in the UE device from the private radio-based network to a communication service provider (CSP)-operated radio-based network, wherein the private radio-based network and the CSP-operated radio-based network utilize a cellular network standard (para 0044-0045], fig 1, 2, determines to switch from private network to public network when the mobile is close to the vicinity of public network and away from private network); and instructing the UE device to switch the wireless network connection from the private radio-based network to the CSP-operated radio-based network, whereby the UE device sends or receives second data via the CSP-operated radio-based network using the wireless network connection in the UE device(para 0044-0045], fig 1, 2, based on the incoming signal strength from the UE informs the UE to switch from private radio-based network to the CSP-operated radio-based network wherein UE communicates with second data via the CSP-operated radio-based network using the wireless network connection in the UE device).
As per claim 11, LV teaches the computer-implemented method of claim 10, wherein a cloud provider network manages the private radio-based network, and a mobility management service executed in at least one of: the cloud provider network or the UE device instructs the UE device to switch the wireless network connection (para 0044-0045], fig.2, manages the private radio-based network, and a mobility management service executed in at least one of: the cloud provider network or the UE device instructs the UE device to switch the wireless network connection).
As per claim 12, LV teaches the computer-implemented method of claim 10, further comprising: determining to switch the wireless network connection in the UE device from the CSP-operated radio-based network to the private radio-based network (para 0044-0045], fig.2, switch the wireless network connection in the UE device from the CSP-operated radio-based network to the private radio-based network ); switching the wireless network connection from the CSP-operated radio-based network to the private radio-based network (para 0044-0045], fig.2, switching the wireless network connection from the CSP-operated radio-based network to the private radio-based network);.; and sending or receiving third data via the private radio-based network using the wireless network connection in the UE device (para 0044-0045], fig.2, communicate with via the private radio-based network using the wireless network connection in the UE device);.
As per claim 13, LV teaches the computer-implemented method of claim 10, wherein the CSP-operated radio-based network uses licensed spectrum, and the private radio-based network uses Citizens Broadband Radio Service (CBRS) spectrum ((para 0044-0045], fig 1, 2, network uses licensed spectrum, and the private radio-based network uses Citizens Broadband Radio Service (CBRS) spectrum).
As per claim 14, LV teaches the computer-implemented method of claim 10, wherein the UE device includes a first subscriber identity module (SIM) card to authorize access to the private radio-based network and a second SIM card to authorize access to the CSP-operated radio-based network (para 0044-0045], fig.2, s a SIM card provisioned in the private radio-based network and the CSP-operated radio-based network, and a core network function of the private radio-based network is in communication with a core network function of the CSP-operated radio-based network to facilitate dual use of the SIM card).
As per claim 16, LV teaches the computer-implemented method of claim 10, wherein the UE device includes a SIM card provisioned in the private radio-based network and the CSP-operated radio-based network ((para 0044-0045], fig.2, includes a SIM card provisioned in the private radio-based network and the CSP-operated radio-based network).
As per claim 17, LV teaches the computer-implemented method, comprising: sending or receiving first data via a communication service provider (CSP)-operated radio-based network using a wireless network connection to a user equipment (UE) device ((para 0022], fig. 1,2, communicating with user device a communication services using a wireless network connection); determining to switch the wireless network connection in the UE device from the communication service provider (CSP)-operated radio-based network to a private radio-based network, wherein the private radio-based network and the CSP-operated radio-based network utilize a Fifth-Generation New Radio (5G NR) standard (para ((para 00258, 0044-0045], fig.2, based on the location of the wireless user equipment in the network whereas the location is private network or public network wherein radio-based network utilize a Fifth-Generation New Radio (5G NR) standard); instructing the UE device to switch the wireless network connection from the CSP-operated radio-based network to the private radio-based network (para 0044-0045], 0097] fig.2, when the UE is near private area network based on the received signal strength instructing the UE device to switch the wireless network connection from the CSP-operated radio-based network to the private radio-based network ); and sending or receiving second data via the private radio-based network using the wireless network connection to the UE device (para 0044-0045], 0097] fig.2, communicating with UE data via the private radio-based network using the wireless network connection to the UE device).
As per claim 18, LV teaches the computer-implemented method of claim 17, wherein a provider entity manages the private radio-based network, and determining to switch the wireless network connection is performed by a mobility management service executed in a provider network of the provider entity, or the provider network sends the mobility management service to the UE device ((para 0044-0045], 0097] fig.2, performed by a mobility management service executed in a provider network of the provider entity, or the provider network sends the mobility management service to the UE device ).
As per claim 19, LV teaches the computer-implemented method of claim 17, wherein the private radio-based network is configured to cover one or more premises of an organization, and the private radio-based network utilizes television whitespace spectrum (((para 0044-0045], 0097] fig.2, to cover one or more premises of an organization, and the private radio-based network utilizes television whitespace spectrum).
As per claim 20, LV teaches the computer-implemented method of claim 17, wherein the private radio-based network and the CSP-operated radio-based network at least partly share core network infrastructure hosted by a cloud service provider (para 0009], operated radio-based network and the private radio-based network are implemented in a cloud provider network)..
Claim Rejections - 35 USC § 103
1. 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 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.
2. 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.
3. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. 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.
5. Claim(s) 3, 8, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over LV further view of US PG Pub US 20250365692 A1 to SHIMEZAWA et al (hereinafter SHIMEZAWA).
As per claim 3, LV teaches the system of claim 1, SHIMEZAWA teaches wherein dynamically switching the user equipment from the private radio-based network to the CSP-operated radio-based network further comprises dynamically provisioning an electronic SIM (eSIM) profile on the user equipment to enable access to the CSP-operated radio-based network (para 0056], dynamically switching the user equipment from the private radio-based network to the CSP-operated radio-based network further comprises dynamically provisioning an electronic SIM (eSIM) profile on the user equipment to enable access to the CSP-operated radio-based network). 20250365692
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention, to modify the system of LV by dynamically switching the user equipment from the private radio-based network to the CSP-operated radio-based network further comprises dynamically provisioning an electronic SIM (eSIM) profile on the user equipment to enable access to the CSP-operated radio-based network as shown by SHIMEZAWA. This modification would benefit the system of LV for network switches and management tools, and more particularly to switches and management tools for efficient handover mechanism data transmission in a mobile communication .
As per claim 8, LV teaches the system of claim 1, SHIMEZAWA teaches wherein the user equipment includes an electronic SIM (eSIM) having a first profile authorizing access to the private radio-based network and a second profile authorizing access to the CSP-operated radio-based network (para 0056], an electronic SIM (eSIM) having a first profile authorizing access to the private radio-based network and a second profile authorizing access to the CSP-operated radio-based network).
Examiner supplies the same rationale as supplied in claim 3.
As per claim 15, LV teaches the computer-implemented method of claim 10, wherein the UE device includes an electronic SIM (eSIM) having a first profile authorizing access to the private radio-based network and a second profile authorizing access to the CSP-operated radio-based network (para 0056], dynamically switching the user equipment from the private radio-based network to the CSP-operated radio-based network further comprises dynamically provisioning an electronic SIM (eSIM) profile on the user equipment to enable access to the CSP-operated radio-based network).
Examiner supplies the same rationale as supplied in claim 3.
Conclusion
Prior arts made of record, not relied upon: US Patent Publication US 20230409363 A1; US Patent Publication US 20230412507 A1, US Patent Publication US 20230409362 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467