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
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 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.
1. Claims 1, 5 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mao et al (2023/0030905) hereinafter D1 found in corresponding EP application number EP 22770357.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1, 5 and 9. D1 teaches a non-transitory computer-readable medium, UE comprising first SIM, second SIM, memory and processor (figure 8, 0017, see claim 15) wherein a voice service switching method, performed by User Equipment (UE), wherein the UE comprises a first Subscriber Identification Module (SIM) card (see claim 15 – first subscriber identity card) and a second SIM card (see claim 15 – second subscriber identity card), and the voice service switching method comprises:
when the second SIM card executes a first voice service, sending a first switching report message to a network side device, wherein the first switching report message comprises first network environment information, wherein the first network environment information is used to represent network quality of a mobile network corresponding to the UE when the first voice service is executed (0084 – send first measurement report information to a network side which includes a mobile network signal parameter, 0085 – receiving HO command sent from the network side wherein HO command message is used to instruct the second SIM card to perform VoWiFi, 0089 – send first measurement report to network side, 0092 – measurement report regarding SIM1 and SIM2, 0094 - measurement report regarding signal strength of SIM1 and SIM2, 0109 – UE provides measurement report to network side and network side provides HO command message to the UE, 0132 – UE sends second HO request message to the network side and switches the call service of the second SIM2 from VoWiFi to service to the VoLTE service, so that the call service of the second SIM2 can be switched from VoWiFi service to VoLTE service based on signal quality, 0134 – send measurement report to network side wherein the measurement report information includes mobile network signal parameters of SIM2 and SIM1, 0135 – receiving HO command from network to instruct the UE to switch a call service of the second SIM2 to VoLTE service, 0136 – switching the call service of the second SIM2 from VoWiFi to VoLTE service, 0140 – send measurement report regarding signal strength of SIM card 1 and SIM card 2 to the network, 0150 – UE adds signal strength measurements
receiving a first switching command message, wherein the first switching command message is sent by the network side device when the first network environment information meets a first target preset condition, wherein the first switching command message is used to instruct the UE to switch the first voice service of the second SIM card to a second voice service (0063 – when network signal quality for SIM 1 is high and signal quality for SIM2 to is week … SIM 2 may be registered with VoWiFi by a network connected to SIM 1, 0084 – send first measurement report information to a network side which includes a mobile network signal parameter, 0085 – receiving HO command sent from the network side wherein HO command message is used to instruct the second SIM card to perform VoWiFi, 0089 – send first measurement report to network side … and receive, by using the first mobile network or second mobile network, a first HO command sent by the network side device, 0092 – measurement report regarding SIM1 and SIM2, 0094 - measurement report regarding signal strength of SIM1 and SIM2, 0109 – UE provides measurement report to network side and network side provides HO command message to the UE, 0121-0122 – UE detects network signal parameters regarding SIM1 and SIM2 and notifies network side by HO request, 0129-0130 – then UE receives WiFi HO response message, 0134 – UE sends second measurement report to network side, 0135 – then UE receives a second HO command message to instruct UE to switch a call service of the second SIM to VoLTE service, 0139-0140 – UE sends measurement report, 0144 – send second HO command message, 0147-0148 – and the network side sends the HO command to the UE, 0150 – UE adds mobile network signal parameters to the measurement report, and the network side device instructs to switch the call service of the second SIM from VoWiFi service to VoLTE service; and
executing, according to the first switching command message, a process of switching to the second voice service, wherein the first voice service is at least one of the following: a Voice over Mobile (VoMobile) service; a Voice over LTE (VoLTE) service; or a Voice over Wireless Fidelity (VoWiFi) service, and wherein when the first voice service is the VoMobile service, the second voice service is the VoWiFi service, and when the first voice service is the VoLTE service or the VoWiFi service, the second voice service is the VoMobile service (The Examiner notes: The new term “voice over mobile” (VoMobile) is defined in applicants specification as published as a voice service wherein a SIM card 2 is connected to a CN of an IMS through a mobile network (e.g., LTE network 1) of SIM card 1 (see applicants specification as published at 0025). In other words, SIM card 2 performs a voice communication using the LTE network 1 of SIM card 1). D1 teaches a voice service switch from VoLTE to VoMobile (figures 3 and 4, 0065-0081 at steps 202-218 an 0094-0108 at steps 302-315). D1 also teaches a voice service switching from VoMobile to VoLTE (figures 3 and 4 at steps 219 – 228 which correspond to paragraphs 0122-0136, also see steps 316-325 which correspond to paragraphs 0140 – 0150).
Allowable Subject Matter
2. Claims 2-4, 6-8, and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(11,039,297) Desai et al teaches HO the VoWiFi call from WiFi to cellar (abstract).
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646