DETAILED ACTION
This communication is response to the amendment filed 01/28/2026. Claims 1-20 are pending and presented for examination.
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 .
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive.
Regarding applicant argument that Kabasawa fails to disclose “determining network information associated with a first service configured to facilitate, at least in part, a second service associated with a first network device and a second network device; and facilitate, via the first network device, a wireless communication session associated with the second service, causing, based on the network information associated with the first service, the wireless communication session to be facilitated by the second network device,” the examiner respectfully disagrees. From the claim language, first and second services are associated with first network device, while the second network device is associated with only the second service. The network information is not defined in the claim. The examiner interpreted the frequency as the network information.
Kabasawa discloses first service frequency and second service frequency are interpreted as frequency associated with first service and second service. This frequency is interpreted as network information.
Kabasawa discloses first service frequency is assigned to first base station while the second service frequency is assigned to both the first base station and the second base station (see Kabasawa, Col 8 line 63- Col 9 line 5: The first and the second base stations 19 and 21 are therefore assigned with two layers and only a single layer of service frequencies. For example, the second service frequency B is additionally assigned to the first base station 19 while the second service frequency B alone is assigned to the second base station 21 in the manner indicated beside the first and the second base stations 19 and 21. In the first base station 19, the second service frequency B is used in traffic communication with another mobile unit (not shown) which may be concurrently present in the first cell 13 in addition to the mobile unit 11 kept in the traffic communication on the first service frequency A). Kabasawa further discloses the The receiving means receives from the first base station 19, together with the pilot information, an indication indicating, when the mobile unit 11 moves in the first cell 13 to approach the second cell 15 during the traffic communication on the first service frequency A, that the field intensity of the electromagnetic wave of the first service frequency A becomes objectionable below a predetermined limit either at the mobile unit 11 or at the first base station 19. In this event, the receiving means detects necessity of handoff of the first service frequency to a certain one of other service frequency. By referring to the memory 37 in response to the pilot information, the dealing means identifies the second service frequency B as the above-described one of other service frequencies and deals with the handoff from the first service frequency A to the second service frequency B for the traffic communication between the mobile unit 11 and the second base station 21 (see Kabasawa, Col 44-61). This shows that the mobile unit 11 communicate with the second base station by transitioning from the first service frequency to the second service frequency. Claim 2 of the application discloses facilitating wireless communication session associated with the second service through the second network device by handover.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 11,792,708 (hereafter Patent ‘708). Although the claims at issue are not identical, they are not patentably distinct from each other because applicant merely broadens the independent claims of Patent ‘708 to arrive at the independent claims of the current application. Thus, both set of claims are obvious variant of each other. It will be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of Patent ‘‘708 to arrive at the claims of the current application based on user design preference to achieve desired design goals.
Regarding claim 1, a method comprising: determining network information associated with a first service configured to facilitate, at least in part, a second service associated with a first network device and a second network device (see Patent ‘708, claim 1, lines 1-6: a method comprising: determining network information associated with a first service; determining, based on the network information associated with the first service, a handoff parameter associated with a second service); and
based on a user device request to facilitate, via the first network device, a wireless communication session associated with the second service, causing, based on the network information associated with the first service, the wireless communication session to be facilitated by the second network device (see Patent ‘708, claim 1, lines 7-11: and causing, based on at least the handoff parameter, a handoff of a user device from a first network device to a second network device, wherein the first network device and the second network device are associated with the second service).
Regarding claim 2, the method of claim 1, wherein the request comprises a request to one or more of establish the wireless communication session or handover the wireless communication session (see Patent ‘708, claim 2, lines 1-4: the method of claim 1, wherein determining the network information is based on receiving a request by the user device to establish a call associated with the second service).
Regarding claim 3, the method of claim 1, wherein causing the wireless communication session to be facilitated by the second network device comprises causing the user device to establish a connection with the second network device to facilitate the wireless communication session (see Patent ‘708, claim 3, lines 1-3: method of claim 1, further comprising: based on causing the handoff, causing establishment, via the second network device, of a call associated with the second service).
Regarding claim 4, the method of claim 1, wherein the wireless communication session comprises one or more of a wireless data communication session, a wireless telephone communication session, or a wireless video communication session (see Patent ‘708, claim 4, lines 1-7: method of claim 1, further comprising receiving data indicative of a request by the user device to establish, via a wireless connection to the first network device, a call associated with the second service, wherein the causing the handoff is based on one or more of receiving the request to establish the call or detecting a change in a network condition).
Regarding claim 5, the method of claim 1, further comprising receiving, by the first network device and from the user device, data indicative of the request, wherein the request comprises a request to facilitate a call associated with the second service (see Patent ‘708, claim 4, lines 1-7: method of claim 1, further comprising receiving data indicative of a request by the user device to establish, via a wireless connection to the first network device, a call associated with the second service, wherein the causing the handoff is based on one or more of receiving the request to establish the call or detecting a change in a network condition).
Regarding claim 6, the method of claim 1, wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information (see Patent ‘708, claim 6, lines 1-7: wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information).
Regarding claim 7, the method of claim 1, wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service (see Patent ‘708, claim 7, lines 1-7: method of claim 1, wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service).
Regarding claim 8, a first network device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors (see Patent ‘708, claim 8, lines 1-4: a device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors), cause the first network device to:
determine network information associated with a first service configured to facilitate, at least in part, a second service associated with the first network device and a second network device (see Patent ‘708, claim 8, lines 5-9: determine network information associated with a first service; determine, based on the network information associated with the first service, a handoff parameter associated with a second service); and
based on a user device request to facilitate, via the first network device, a wireless communication session associated with the second service, cause, based on the network information associated with the first service, the wireless communication session to be facilitated by the second network device (see Patent ‘708, claim 8, lines 10-14: based on at least the handoff parameter, a handoff of a user device from a first network device to a second network device, wherein the first network device and the second network device are associated with the second service).
Regarding claim 9, the first network device of claim 8, wherein the request comprises a request to one or more of establish the wireless communication session or handover the wireless communication session (see Patent ‘708, claim 9, lines 1-5: wherein the instructions, when executed by the one or more processors, cause the device to determine the network information based on receiving a request by the user device to establish a call associated with the second service).
Regarding claim 10, first network device of claim 8, wherein the instructions that, when executed by the one or more processors, cause the first network device to cause the wireless communication session to be facilitated by the second network device comprises instructions that, when executed by the one or more processors, cause the first network device to cause the user device to establish a connection with the second network device to facilitate the wireless communication session (see Patent ‘708, claim 10, lines 1-5: wherein the instructions, when executed by the one or more processors, further cause the device to cause establishment, based on causing the handoff and via the second network device, of a call associated with the second service).
Regarding claim 11, the first network device of claim 8, wherein the wireless communication session comprises one or more of a wireless data communication session, a wireless telephone communication session, or a wireless video communication session (see Patent ‘708, claim 11, lines 1-8: wherein the instructions, when executed by the one or more processors, further cause the device to receive data indicative of a request by the user device to establish, via a wireless connection to the first network device, a call associated with the second service, wherein the handoff is caused based on one or more of receiving the request to establish the call or detecting a change in a network condition).
Regarding claim 12, the first network device of claim 8, wherein the instructions, when executed by the one or more processors, further cause the first network device to receive, from the user device, data indicative of the request, wherein the request comprises a request to facilitate a call associated with the second service (see Patent ‘708, claim 12, lines 1-7: wherein the instructions, when executed by the one or more processors, further cause the device to cause, via the first network device and using a temporary link, establishment of a call associated with the second service, wherein the handoff is caused based on causing the device to terminate the temporary link and route the call via a secondary link).
Regarding claim 13, the first network device of claim 8, wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information (see Patent ‘708, claim 13, lines 1-7: wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information).
Regarding claim 14, the first network device of claim 8, wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service (see Patent ‘708, claim 14, lines 1-7: wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service).
Regarding claim 15, a system comprising: a first network device and a second network device (see Patent ‘708, claim 15, lines 1-4: a system comprising: a first network device associated with a second service; a second network device associated with the second service), wherein the first network device is configured to:
determine network information associated with a first service configured to facilitate, at least in part, a second service associated with the first network device and the second network device (see Patent ‘708, claim 15, lines 6-10: determine network information associated with a first service; determine, based on the network information associated with the first service, a handoff parameter associated with the second service); and
based on a user device request to facilitate, via the first network device, a wireless communication session associated with the second service, causing, based on the network information associated with the first service, the wireless communication session to be facilitated by the second network device (see Patent ‘708, claim 15, lines 11-13: cause, based on at least the handoff parameter, a handoff of a user device from the first network device to the second network device).
Regarding claim 16, the system of claim 15, wherein the request comprises a request to one or more of establish the wireless communication session or handover the wireless communication session (see Patent ‘708, claim 16, lines 11-13: wherein the computing device is configured to determine the network information based on receiving a request by the user device to establish a call associated with the second service).
Regarding claim 17, the system of claim 15, wherein the first network device is configured to cause the wireless communication session to be facilitated by the second network device based on causing the user device to establish a connection with the second network device to facilitate the wireless communication session (see Patent ‘708, claim 17, lines 1-4: wherein the computing device is further configured to cause establishment, based on causing the handoff and via the second network device, of a call associated with the second service).
Regarding claim 18, the system of claim 15, wherein the wireless communication session comprises one or more of a wireless data communication session, a wireless telephone communication session, or a wireless video communication session (see Patent ‘708, claim 18, lines 1-8: wherein the computing device is further configured to receive data indicative of a request by the user device to establish, via a wireless connection to the first network device, a call associated with the second service, wherein the computing device is configured to cause the handoff based on one or more of receiving the request to establish the call or detecting a change in a network condition).
Regarding claim 19, the system of claim 15, wherein the first network device is further configured to receive, from the user device, data indicative of the request, wherein the request comprises a request to facilitate a call associated with the second service (see Patent ‘708, claim 19, lines 1-6: wherein the computing device is further configured to cause, via the first network device and using a temporary link, establishment of a call associated with the second service, wherein the computing device is configured to cause the handoff by terminating the temporary link and routing the call via a secondary link).
Regarding claim 20, the system of claim 15, wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information (see Patent ‘708, claim 19, lines 1-7: wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information).
Claims 1, 6, and 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 7 of U.S. Patent No. 11,044,656 (hereafter Patent ‘656). Although the claims at issue are not identical, they are not patentably distinct from each other because applicant merely broadens the independent claims of Patent ‘656 to arrive at the independent claims of the current application. Thus, both set of claims are obvious variant of each other. It will be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of Patent ‘656 to arrive at the claims of the current application based on user design preference to achieve desired design goals.
Regarding claim 1, a method comprising: determining at least a portion of a network topology associated with a first service; determining, based on the at least the portion of the network topology and network information associated with the first service, a handoff parameter associated with a second service; and causing, based on at least the handoff parameter, a handoff of a user device from a first network device to a second network device, wherein the first network device and the second network device are associated with the second service (see Patent ‘656, claim 1, lines 1-12: a method comprising: determining at least a portion of a network topology associated with a first service; determining, based on the at least the portion of the network topology and network information associated with the first service, a handoff parameter associated with a second service; and causing, based on at least the handoff parameter, a handoff of a user device from a first network device to a second network device, wherein the first network device and the second network device are associated with the second service).
Regarding claim 6, the method of claim 1, wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information (see Patent ‘656, claim 4, lines 1-6: wherein the network information comprises Data Over Cable Service Interface Specification (DOCSIS) telemetry information, and wherein determining the handoff parameter comprises determining, based on the DOCSIS telemetry information, the handoff parameter).
Regarding claim 7, the method of claim 1, wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service (see Patent ‘656, claim 7, lines 1-7: wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service).
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ 2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus)”. ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED; May 30, 2001).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-5, 8-12, and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,987,013 to Kabasawa (hereafter Kabasawa) in view of US 7,769,384 to Lee et al. (hereafter Lee).
Regarding claim 1, Kabasawa discloses a method comprising:
determining network information associated with a first service configured to facilitate, at least in part, a second service associated with a first network device and a second network device (see Kabasawa, Fig 3 and Fig 6; Col 4 lines 23-31: assigning first and second service frequencies to the first and the second base stations for traffic communication with the mobile unit while the mobile unit is in the first and the second cells, (b) detecting necessity of handoff between the first and the second service frequencies, and (c) dealing with the handoff when the necessity is detected, wherein (A) the assigning step assigns the second service frequency additionally to the first base station for an alternative use in the traffic communication and the first service frequency to the second base station for transmitting only a pilot signal; Col 5 lines 5-12: the first and the second base stations assigned with first and second service frequencies for traffic communication with the mobile unit while the mobile unit is in the first and the second cells, the control station comprising a control device for detecting necessity of handoff between the first and the second service frequencies and for dealing with the handoff when the necessity is detected; Col 8 lines 60-63; Col 9 lines 44-52); and
based on a user device request to facilitate, via the first network device, a wireless communication session associated with the second service, causing, based on the network information associated with the first service, the wireless communication session to be facilitated by the second network device (Kabasawa, Col 4 lines 27-36: the assigning step assigns the second service frequency additionally to the first base station for an alternative use in the traffic communication and the first service frequency to the second base station for transmitting only a pilot signal, (B) the dealing step dealing with, while the mobile unit moves from the first cell towards the second cell during the traffic communication with the first base station on the first service frequency, handoff from the first service frequency to the second service frequency when the necessity is detected; Col 5 lines 12-16: wherein (A) the first base station is additionally assigned with the second service frequency for an alternative use in the traffic communication, (B) the second base station comprising a pilot transmitting device for transmitting only a pilot signal on the first service frequency, (C) the control device dealing with, when the necessity is detected while the mobile unit moves from the first cell towards the second cell during the traffic communication with the first base station on the first service frequency, handoff from the first service frequency to the second service frequency; Col 8 line 63- Col 9 line 5; Col 9 lines 52-61; Col 10 lines 27-35).
Kabasawa discloses facilitating communication session associated with the second service but does not explicitly disclose the facilitation is based on user device request.
However, Lee discloses based on user device request to facilitate a wireless communication session by the second network device (see Lee, Col 2 lines 5-18: the present invention is embodied in a method of receiving quality of service (QoS) information in a mobile station associated with a handover operation in a wireless communication system, the method comprising receiving at least one service from a serving base station, scanning at least one target base station to perform the handover operation, requesting a handover request with the serving base station, and receiving a handover response comprising service level prediction information from the serving base station, wherein the service level prediction information is determined by the at least one target base station in response to a QoS parameter associated with the at least one service received from the serving base station; Col 2 lines 41-49: receiving at the serving base station a handover request from the mobile station, providing a handover notification to at least one target base station, wherein the handover notification comprises a QoS parameter associated with the at least one service, receiving from the at least one target base station a handover notification response, wherein the handover notification response comprises service level prediction information that is determined in response to the QoS parameter associated with the at least one service).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teaching of facilitating communication based on user device request as taught by Lee and incorporate it into the system of Kabasawa to achieve guarantee quality of service in the communication system (see Lee, Col 1 lines 60-62).
Regarding claim 2, Kabasawa in view of Lee discloses the method of claim 1, Kabasawa does not explicitly disclose wherein the request comprises a request to one or more of establish the wireless communication session or handover the wireless communication session.
However, Lee discloses wherein the request comprises a request to one or more of establish the wireless communication session or handover the wireless communication session (see Lee, Col 2 lines 40-43: providing at least one service to a mobile station from a serving base station, receiving at the serving base station a handover request from the mobile station, providing a handover notification to at least one target base station; Col 3 lines 53-61: providing at least one service to a mobile station from a serving base station and means for receiving at the serving base station a handover request from the mobile station, wherein the means for providing the at least one service provides a handover notification to at least one target base station, wherein the handover notification comprises a QoS parameter associated with the at least one service, wherein the means for receiving the handover request receives from the at least one target base station a handover notification response).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Lee and incorporate it into the system of Kabasawa to achieve guarantee quality of service in the communication system (see Lee, Col 1 lines 60-62).
Regarding claim 3, Kabasawa in view of Lee discloses the method of claim 1, wherein causing the wireless communication session to be facilitated by the second network device comprises causing the user device to establish a connection with the second network device to facilitate the wireless communication session (see Kabasawa, Col 9 lines 53-60: the receiving means detects necessity of handoff of the first service frequency to a certain one of other service frequency. By referring to the memory 37 in response to the pilot information, the dealing means identifies the second service frequency B as the above-described one of other service frequencies and deals with the handoff from the first service frequency A to the second service frequency B for the traffic communication between the mobile unit 11 and the second base station 21).
Also, Lee discloses wherein causing the wireless communication session to be facilitated by the second network device comprises causing the user device to establish a connection with the second network device to facilitate the wireless communication session (see Lee, Col 9 lines 26-42).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Lee and incorporate it into the system of Kabasawa to achieve guarantee quality of service in the communication system (see Lee, Col 1 lines 60-62).
Regarding claim 4, Kabasawa in view of Lee discloses the method of claim 1, wherein the wireless communication session comprises one or more of a wireless data communication session, a wireless telephone communication session, or a wireless video communication session (see Kabasawa, Fig 3, MU 11; Col 7 lines 5-9: In the service area, a plurality of mobile units are movable. By way of example, only one mobile unit (MU) 11 is depicted. The mobile unit 11 may be a portable telephone handset, a mobile terminal device carried on a vehicle, or a like device).
Regarding claim 5, Kabasawa in view of Lee discloses the method of claim 1, but does not explicitly disclose further comprising receiving, by the first network device and from the user device, data indicative of the request, wherein the request comprises a request to facilitate a call associated with the second service.
However, since Kabasawa discloses the receiving means detects necessity of handoff of the first service frequency to a certain one of other service frequency…..the dealing means identifies the second service frequency B as the above-described one of other service frequencies and deals with the handoff from the first service frequency A to the second service frequency B for the traffic communication between the mobile unit 11 and the second base station 21 (see Kabasawa, Col 9 lines 52-60), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement request as necessity of handoff based on user design preference for efficient communication.
Regarding claim 8, it is rejected for the same reasons as set forth in claim 1. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 1.
Regarding claim 9, it is rejected for the same reasons as set forth in claim 2. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 2.
Regarding claim 10, it is rejected for the same reasons as set forth in claim 3. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 3.
Regarding claim 11, it is rejected for the same reasons as set forth in claim 4. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 4.
Regarding claim 12, it is rejected for the same reasons as set forth in claim 5. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 5.
Regarding claim 15, it is rejected for the same reasons as set forth in claim 1. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 1.
Regarding claim 16, it is rejected for the same reasons as set forth in claim 2. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 2.
Regarding claim 17, it is rejected for the same reasons as set forth in claim 3. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 3.
Regarding claim 18, it is rejected for the same reasons as set forth in claim 4. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 4.
Regarding claim 19, it is rejected for the same reasons as set forth in claim 5. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 5.
Claim(s) 6, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa in view of Lee and further in view of US 2012/0128045 to Ling et all (hereafter Ling).
Regarding claim 6, Kabasawa in view of Lee discloses the method of claim 1, but does not explicitly disclose wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information.
However, Ling discloses wherein the network information associated with the first service comprises at least one of: network telemetry information, reliability information, maintenance information, physical layer condition information, link layer condition information, or Data Over Cable Service Interface Specification (DOCSIS) telemetry information (see Ling, ¶ 0063: in one implementation a single threshold, below which the modem signals to the head end that it wishes to change transmission modes, such as switching from DOCSIS 3 (which bonds 4 channels) to DOCSIS 2 (which only occupies a single channel), may be used. In general, it is important that the modem maintain a connection with the head end via one of the bonded channels, e.g. the primary channel, through a handoff procedure (as is described in one example further below) which reduces the performance of the modem to the point where it meets the reduced specifications of DOCSIS 2.x mode operation).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Ling and incorporate it into the system of Kabasawa to improve communication system resource utilization (see Ling, ¶ 0005).
Regarding claim 13, it is rejected for the same reasons as set forth in claim 6. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 6.
Regarding claim 20, it is rejected for the same reasons as set forth in claim 6. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 6.
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa in view of Lee and further in view of US 2005/0265285 to Cheon et al. (hereafter Cheon).
Regarding claim 7, Kabasawa in view of Lee discloses the method of claim 1, but does not explicitly disclose wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service.
However, Cheon discloses wherein the first service comprises at least one of: a wired data service, a cable network service, a content service, or a Data Over Cable Service Interface Specification (DOCSIS) based service, and wherein the second service comprises at least one of: a wireless data service, a wireless telecommunications service, or a mobile device service (see Cheon, ¶ 0017: a handover method of a mobile node that moves from a service area of a wireless local area network (LAN) to a service area of a wired LAN; ¶ 0018: The mobile node may be handed over from the service area of the wireless LAN to the service area of the wired LAN according to a soft handover; ¶ 0024: perform a handover method of a mobile node that moves between a service area of a wireless local area network (LAN) and a service area of a wired LAN, including determining whether the handover is requested; and moving, when the handover is requested, to the service area of the wired LAN according to a soft handover when a current service area is the service area of the wireless LAN, and moving to the service area of the wireless LAN according to a semi-soft handover when the current service area is the service area of the wired LAN).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Cheon and incorporate it into the system of Kabasawa to achieve smooth handover between the service areas of the wired LAN and the wireless LAN (see Cheon, ¶ 0010 and ¶ 0011).
Regarding claim 14, it is rejected for the same reasons as set forth in claim 7. Although phrased as an apparatus claim, the claim is nevertheless simple repetitions of the subject matter of claim 7.
Conclusion
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/RASHEED GIDADO/ Primary Examiner, Art Unit 2464
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