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 .
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1,2,4-15 are being rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated over Kennedy et al. (WO 2015032001, hereinafter Kennedy).
Regarding claim 1, Kennedy discloses a method for acquiring a telecommunication regulation, comprising:
executing a driver for driving a wireless communication module (Par. 27: Lines 1-2; Processor controls the overall operation of a mobile device; Par. 40: Lines 1-3; Terminal message generator is implemented using instructions and executed on a processor; Par. 33: Lines 1-3; Mobile device includes wireless communication subsystem that enables wireless communication; The cited disclosure describes software/firmware executed by the processor to control the wireless communication subsystem, which is the ordinary function of a driver that interfaces between the system and the hardware module);
obtaining, by the driver, the location data that is present in a BIOS of a system having the wireless communication module when the system enters a first check phase for checking whether or not the location data is present in the BIOS (No patentable weight given. As written, the first check phase is presented as optional), present in system information of the system having the wireless communication module when the system enters a second check phase for checking whether or not the location data is present in the system information (No patentable weight given. As written, the second check phase is presented as optional), or present in beacon signals scanned by the driver of the system having the wireless communication module when the system enters a third check phase for checking whether or not the location data is present in the beacon signals (Par. 16: Lines 1-5; The location of the mobile device may be determined based on country codes associated with access points or location information from a plurality of access points. The location information from the plurality of access points are included within beacon frames);
comparing, by the driver, the location data to multiple ones of the telecommunication regulation recorded in program codes of the driver, so as to acquire telecommunication regulation corresponding to the location data (Par. 10: Lines 6-8; Regulations for the current location of a wireless device can be identified using a lookup table or database; Par. 20: Lines 4-5; The lookup table lists various locations and the associated regulations; Par. 24: Lines 1-2; The identification of local regulations can be used to determine which networks the mobile device can select; Software/firmware executed by the processor to control the wireless communication subsystem is inherently a driver); and
operating a system having the wireless communication module according to the telecommunication regulation corresponding to the location data (Par. 22: Lines 2-7; Operation of the mobile device or operation parameters are modified according to regulations for determined locations identified by a lookup table; Par. 24: Lines 1-2; The identification of local regulations can be used to determine which networks the mobile device can select);
wherein the driver periodically checks the location data in the first check phase or the second phase (No patentable weight given due to the first and second check phase being written as optional phases. The third check phase was rejected, the first and second check phase were given no patentable weight).
Regarding claim 2 as applied to claim 1, Kennedy discloses wherein the location data includes a country code or an area code (Par. 16: Lines 1-4; Location data may be determined based on country code).
Regarding claim 4 as applied to claim 2, Kennedy discloses wherein the system having the wireless communication module scans beacon signals generated by one or more access points to determine the location data (Par 16: Lines 3-4; Location information is provided by access points within a beacon frame; Par. 22: Lines 11-15; If access point beacon contains parameters conflicting with local regulations, the mobile device ignores that beacon and continues scanning access point beacons).
Regarding claim 5 as applied to claim 4, Kennedy discloses wherein the system scans the one or more access points with different frequency bands (Access points may operate in dual band (i.e. different frequency bands)) in an active manner (No patentable weight given due to the optional language “or”) or in a passive manner (Par. 22: Lines 11-15; If access point beacon contains parameters conflicting with local regulations, the mobile device ignores that beacon and continues scanning access point beacons; The mobile device is listening to beacon frames (i.e. passive scanning)).
Regarding claim 6 as applied to claim 5, Kennedy discloses wherein multiple pieces of location data are obtained by scanning the beacon signals generated by the multiple access points (Par. 16: Lines 1-8; Access points may broadcast location information, such as a country code in their beacon frames, and the mobile device can examine a plurality of such country code elements), one of the multiple pieces of the location data is decided on via a statistical method (Par. 16: Lines 6-8; When a majority of the examined country code elements from different access points match, the mobile device assumes that this majority country code corresponds to its correct current location (i.e. majority-rule statistical method)).
Regarding claim 7 as applied to claim 5, Kennedy discloses wherein multiple pieces of location data are obtained by scanning the beacon signals generated by the multiple access points (Par. 16: Lines 1-8; Access points may broadcast location information, such as a country code in their beacon frames, and the mobile device can examine a plurality of such country code elements), one of the multiple pieces of the location data is decided on according to a selection strategy (Par. 16: Lines 6-8; When a majority of the examined country code elements from different access points match, the mobile device assumes that this majority country code corresponds to its correct current location; The selection strategy is a statistical method (i.e. majority-rule)).
Regarding claim 8 as applied to claim 1, Kennedy discloses wherein each of the telecommunication regulations in the program codes of the driver includes a channel plan (Par. 22: Lines 4-7; Operational parameters of the mobile device may be modified to comply with telecommunication parameters, such as frequency), a physical layer configuration (Par. 22: Lines 4-9; Operational parameters of the mobile device may be modified to comply with telecommunication parameters, such as signal strength and transmission power (i.e. physical layer configurations)) and a supervision standard (Par. 22: Lines 2-4; The mobile device may be modified to comply with regulations (i.e. supervision standard)).
Regarding claim 9 as applied to claim 8, Kennedy discloses wherein the telecommunication regulation further includes a transmission power of the wireless communication module (Par. 16: Lines 3-5; Location information includes maximum allowable transmit power within given regulatory domain; Par. 22: Lines 4-9; Operational parameters of the mobile device may be modified to comply with telecommunication parameters, such as transmission power), and the transmission power is adjusted by the driver (Par. 27: Lines 1-2; Mobile device includes a processor that controls the overall operation of the mobile device (e.g. transmission power)).
Regarding claim 10, Kennedy discloses a system applying a method for acquiring a telecommunication regulation, comprising: a wireless communication module (Par. 33: Lines 1-3; The mobile device may include a wireless communication subsystem); and a memory storing a driver for the wireless communication module and program codes (Par. 31: Lines 1-4; Program code is stored in memory and executed by the processor to control the subsystem (i.e. driver functionality)); wherein, when the system is activated, the driver is executed by an operating system for driving the wireless communication module to operate (Par. 27: Lines 1-2; Processor controls the overall operation of the mobile device; Par. 31: Lines 1-5; Processor executes instructions stored in the memory).
The rejection of claim 1 addresses all the remaining limitations of claim 10. Therefore, the remaining limitations of claim 10 are addressed.
Regarding claim 11 as applied to claim 10, the rejection of claim 2 addresses the limitations presented in claim 11. Therefore, all the limitations of claim 11 are addressed.
Regarding claim 12 as applied to claim 10, the rejection of claim 4 addresses all the limitations presented in claim 12. Therefore, all the limitations of claim 12 are addressed.
Regarding claim 13 as applied to claim 12, the rejection of claim 5 addresses all the limitations presented in claim 13. Therefore, all the limitations of claim 13 are addressed.
Regarding claim 14 as applied to claim 13, the rejection of claim 6 addresses all the limitations presented in claim 14. Therefore, all the limitations of claim 14 are addressed.
Regarding claim 15 as applied to claim 13, the rejection of claim 7 addresses all the limitations presented in claim 15. Therefore, all the limitations of claim 15 are addressed.
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.
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 16,18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy et al. (WO 2015032001, hereinafter Kennedy) in view of Zhang et al. (US 20220179926, hereinafter Zhang) in further view of Descombes et al. (US 20220116465, hereinafter Descombes)
Regarding claim 16, Kennedy discloses activating a driver for driving a wireless communication module (Par. 9: Lines: 5-18; UE traveling from one country to another will need to be compliant with the new locations regulations; Par. 27: Lines 1-2; Processor controls the overall operation of a mobile device; Par. 33: Lines 1-3; Mobile device includes wireless communication subsystem that enables wireless communication; The cited disclosure describes software/firmware executed by the processor to control the wireless communication subsystem, which is the ordinary function of a driver that interfaces between the system and the hardware module) and querying the corresponding telecommunication regulation according to location data in response to location data being present (Par. 22: Lines 2-7; Operation of the mobile device or operation parameters are modified according to regulations for determined locations identified by a lookup table; Par. 24: Lines 1-2; The identification of local regulations can be used to determine which networks the mobile device can select).
Kennedy does not disclose entering a first check phase, wherein: a BIOS of a system is checked for determining whether or not location data is preset; entering a second check phase when the location data is not present in the BIOS, wherein: system information of the system is checked for determining whether or not the location data is present; entering a third check phase when the location data is not present in the system information, wherein: the driver scans beacon signals generated by one or more access points in an environment of the system in an active manner or in a passive manner for checking whether or not the location data is present in the beacon signals; and wherein the driver periodically checks the location data in the first check phase or the second check phase.
Zhang, however, discloses entering a first check phase, wherein: a BIOS of a system is checked for determining whether or not location data is preset system (Par. 7: Lines 3-7; Region code is saved in the BIOS and retrieved at boot up; Retrieving the location from the BIOS means the BIOS is being checked for location information; The remaining limitations directed to when a location is not present in the BIOS and system information are alternative conditional branches. No patentable weight is being given).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the ability to use location information and obtaining the corresponding telecommunications regulation of Kennedy with the ability to store and retrieve location information from the BIOS of Zhang. Doing so would allow the system to perform an initial regulatory check at boot based on BIOS-stored information. This would reduce delays in wireless subsystem initialization.
Kennedy in view of Zhang does not disclose wherein the driver periodically checks the location data in the first check phase or the second check phase.
Descombes, however, discloses periodically checking the location of a device (Par. 173: Lines 1-3; A client device may periodically check its location).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kennedy in view of Zhang to further incorporate the periodic location checking of Descombes so that the device periodically verifies its location information when performing regulatory determination. Doing so would allow the system to ensure that the telecommunication regulations applied by the wireless communication module remain accurate if the device changes location, thereby improving regulatory compliance and maintaining proper operation of the wireless communication subsystem.
Regarding claim 18 as applied to claim 16, the rejection of claim 6 addresses all the limitations of claim 18. Therefore, all the limitations of claim 18 are addressed.
Regarding claim 19 as applied to claim 18, the rejection of claim 7 addresses all the limitations of claim 19. Therefore, all the limitations of claim 18 are addressed.
Regarding claim 20 as applied to claim 16, the rejection of claim 8 addresses all the limitations of claim 20. Therefore, all the limitations of claim 20 are addressed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FABIAN BOTELLO whose telephone number is (571)272-4439. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at 571-272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FABIAN BOTELLO/Examiner, Art Unit 2648
/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648