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 § 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 of this title, 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.
Claims 1, 5-6, 9-10, 21, 25-26 and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication US 2015/0189525 to Schmidt et al. (hereinafter Schmidt) in view of U.S. Publication No US 2023/0370874 to Wu et al. (hereinafter Wu) in view of U.S. Publication No US 2019/0377027 to Rivoir et al. (hereinafter Rivoir)
As to claims 1 and 21, Schmidt discloses a method comprising:
initiating a cellular field testing tool that tests a condition of cellular network connectivity of a device under test (Schmidt; [0023]-[0025] discloses a testing platform 101, a reference device 103, and device under test (DUT) 105. Reference device 103 and DUT 105 (hereinafter referred to as devices 103 and 105) may communicate over system 100 and may include any customer premise equipment (CPE) capable of sending and/or receiving information over one or more of networks 109-115. For instance, voice terminal may be any suitable plain old telephone service (POTS) device, facsimile machine, etc., whereas mobile device (or terminal) may be any cellular phone, radiophone, satellite phone, smart phone, wireless phone, or any other suitable mobile device, such as a personal digital assistant (PDA), pocket personal computer, tablet, customized hardware, etc);
collecting logs of raw data from the cellular field testing tool based on the cellular field testing tool testing the condition of cellular network connectivity of the device under test (Schmidt; [0021]-[0025] discloses determine a test route addressing such parameters, schedule field tests along the test route, and collect the driving test log files. The testing platform 101 provides at least two functions, comprising of: storing the device logs; and hosting the application 107 for remotely controlling the devices 103 and 105 to trigger testing and also to analyze device logs. In one embodiment, the testing platform 101 controls the devices 103 and 105 through an application 107. In one embodiment, test routes and test environments are pushed remotely from the testing platform 101 to the devices 103 and 105. After completing the field test, the devices 103 and 105 automatically uploads log files to the testing platform 101 for post processing and analysis)
Schmidt discloses cellular field-testing tools, but fails to disclose an intelligent testing policy. However, Wu discloses
applying autonomously, by the cellular field testing tool, an intelligent testing policy for a specific network condition test to the logs of raw data to output a decision of whether the specific network condition test passed or failed (Wu; [0025]; [0153] discloses there is provided a measurement device 1, which includes a signal generator 20 that generates a test signal and a reception sensitivity test execution unit 18 that performs a reception sensitivity test of a mobile terminal (DUT 100) by transmitting and receiving the test signal a plurality of times between the signal generator and the DUT, and tests the mobile terminal that is a device under test, the measurement device 1 includes a test condition setting unit 18a that initially sets a test condition including a step level SL0 and an output level OL0 of the test signal at start of the reception sensitivity test, a measurement result output unit 18f that performs a throughput measurement by transmitting and receiving the test signal under the test condition and comparing a throughput measurement result with a determination threshold value to perform pass or fail determination, an output level variable setting unit 18e that sets the output level according to a result of the pass or fail determination of a previous throughput measurement in a case where the result of the pass or fail determination is fail, and an AI prediction test condition change setting unit 18b that holds an AI prediction model generated by performing machine learning on a relationship between parameter data and measurement result data from a measurement log file of the past reception sensitivity test using artificial intelligence).
It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to use the intelligence testing policy to determine pass or fail for a testing and thus use the limited resources in an effective way
Schmidt-Wu discloses of determining pass or fail of a test, but fails to explicitly disclose of using binary output for indicating pass or fail. However, Rivoir discloses
output a binary decision of whether the specific network condition test passed or failed (Rivoir; [0079]-[0080] discloses binary value is inserted into the single decision function. Based on the result of the single decision function, the signal processor may decide whether the device under test is expected to pass the set of tests. In other words, the single decision function may predict a pass/fail decision from the subset of tests corresponding to a pass/fail decision that would have been made if having performed all tests of the set of tests)
It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to use a single decision function to predict a test result for the set of tests on the basis of the subset of tests.
As to claims 5 and 25, the rejection of claim 1 as listed above is incorporated herein. In addition, Schmidt-Wu-Rivoir discloses wherein the intelligent testing policy specifies criteria for determining whether the specific network condition test passed or failed (Wu; [0025]; [0153] discloses there is provided a measurement device 1, which includes a signal generator 20 that generates a test signal and a reception sensitivity test execution unit 18 that performs a reception sensitivity test of a mobile terminal (DUT 100) by transmitting and receiving the test signal a plurality of times between the signal generator and the DUT, and tests the mobile terminal that is a device under test, the measurement device 1 includes a test condition setting unit 18a that initially sets a test condition including a step level SL0 and an output level OL0 of the test signal at start of the reception sensitivity test, a measurement result output unit 18f that performs a throughput measurement by transmitting and receiving the test signal under the test condition and comparing a throughput measurement result with a determination threshold value to perform pass or fail determination, an output level variable setting unit 18e that sets the output level according to a result of the pass or fail determination of a previous throughput measurement in a case where the result of the pass or fail determination is fail, and an AI prediction test condition change setting unit 18b that holds an AI prediction model generated by performing machine learning on a relationship between parameter data and measurement result data from a measurement log file of the past reception sensitivity test using artificial intelligence).
As to claims 6 and 26, the rejection of claim 5 as listed above is incorporated herein. In addition, Schmidt-Wu-Rivoir discloses wherein the criteria are provided by a cellular network carrier that uses the cellular field testing tool to test performance of a cellular service network that the cellular network carrier operates (Schmidt; [0021]-[0025] discloses determine a test route addressing such parameters, schedule field tests along the test route, and collect the driving test log files. The testing platform 101 provides at least two functions, comprising of: storing the device logs; and hosting the application 107 for remotely controlling the devices 103 and 105 to trigger testing and also to analyze device logs. In one embodiment, the testing platform 101 controls the devices 103 and 105 through an application 107. In one embodiment, test routes and test environments are pushed remotely from the testing platform 101 to the devices 103 and 105. After completing the field test, the devices 103 and 105 automatically uploads log files to the testing platform 101 for post processing and analysis)
As to claims 9 and 29, the rejection of claim 1 as listed above is incorporated herein. In addition, Schmidt-Wu-Rivoir discloses wherein a failure to satisfy preconditions for executing the specific network condition test results in the binary decision indicating that the specific network condition test failed (Rivoir; [0079]-[0080] discloses binary value is inserted into the single decision function. Based on the result of the single decision function, the signal processor may decide whether the device under test is expected to pass the set of tests. In other words, the single decision function may predict a pass/fail decision from the subset of tests corresponding to a pass/fail decision that would have been made if having performed all tests of the set of tests).
As to claims 10 and 30, the rejection of claim 1 as listed above is incorporated herein. In addition, Schmidt-Wu-Rivoir discloses wherein the device under test comprises a smartphone (Schmidt; [0023] discloses a reference device 103, and device under test (DUT) 105. Reference device 103 and DUT 105 (hereinafter referred to as devices 103 and 105) may communicate over system 100 and may include any customer premise equipment (CPE) capable of sending and/or receiving information over one or more of networks 109-115. For instance, voice terminal may be any suitable plain old telephone service (POTS) device, facsimile machine, etc., whereas mobile device (or terminal) may be any cellular phone, radiophone, satellite phone, smart phone, wireless phone, or any other suitable mobile device, such as a personal digital assistant (PDA), pocket personal computer, tablet, customized hardware, etc. Further, computing device may be any suitable computing device, such as a VoIP phone, skinny client control protocol (SCCP) phone, session initiation protocol (SIP) phone, IP phone, personal computer, softphone, workstation, terminal, server, etc).
Claims 2 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication US 2015/0189525 to Schmidt et al. (hereinafter Schmidt) in view of U.S. Publication No US 2023/0370874 to Wu et al. (hereinafter Wu) in view of U.S. Publication No US 2019/0377027 to Rivoir et al. (hereinafter Rivoir) in view of CN 102595435 to Huang et al. (hereinafter Huang)
As to claims 2 and 22, Schmidt-Wu-Rivoir discloses field testing analysis, but fails to disclose enhance field testing tool. However, Huang discloses
wherein the intelligent testing policy enhances a version of the cellular field testing tool that otherwise was limited to collecting raw data without analyzing that raw data (Huang; Page 8 discloses wireless parameter set to the actual network environment of the simulation result and the actual network environment, selecting simulation parameter for constructing outer testing environment set; field test environment building capable of implementing the peer-to-peer and a plurality of angles, it can realize centralized management by the control center, the test process and the test result can performs strict monitoring and intelligent analysis, can realize scene (including high-speed moving scene) multi-mode switching; integrated wireless field test environment can realize interconnection on the access network link/core network link/service plane, monitoring, tracking and locating improves the reliability of field test and reference property, can be produced problem in real time, can enhance the field test analysis and solve the problem of capacity, and improves the efficiency of field test)
It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to improves the efficiency of field test.
Claims 3-4 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication US 2015/0189525 to Schmidt et al. (hereinafter Schmidt) in view of U.S. Publication No US 2023/0370874 to Wu et al. (hereinafter Wu) in view of U.S. Publication No US 2019/0377027 to Rivoir et al. (hereinafter Rivoir) in view of U.S. Publication No US 2017/0195357 to Sundhar et al. (hereinafter Sundhar)
As to claims 3 and 23, Schmidt-Wu-Rivoir discloses call drop, but fails to disclose of number of call drop. However, Sundhar discloses
wherein the raw data comprises an indication of a number of call drops or a number of call setup failures (Sundhar; [0020] discloses attack vulnerability assessment module 112 may generate a graph or other indicator of resources available from device under test 100 during the attack and before or after the attack. In one example, the output indicative of attack vulnerability may illustrate bandwidth available to the good UEs before or after and during the attack. In another example, the output indicative of the attack vulnerability may indicate a number of dropped calls during the attack. Here Sundhar is applied for the 1st alternative)
It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to make a decision based on the number of call drops.
As to claims 4 and 24, the rejection of claim 3 as listed above is incorporated herein. In addition, Schmidt-Wu-Rivoir-Sundhar discloses wherein outputting the binary decision of whether the specific network condition test passed or failed is based at least in part on the number of call drops or the number of call setup failures (Rivoir; [0079]-[0080] discloses binary value is inserted into the single decision function. Based on the result of the single decision function, the signal processor may decide whether the device under test is expected to pass the set of tests. In other words, the single decision function may predict a pass/fail decision from the subset of tests corresponding to a pass/fail decision that would have been made if having performed all tests of the set of tests).
Allowable Subject Matter
Claims 7-8 and 27-28 are objected, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims
Conclusion
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/FAISAL CHOUDHURY/Primary Examiner, Art Unit 2478
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