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 .
Response to Arguments
Applicant's arguments filed 02/02/26 have been fully considered but they are not persuasive. In regards to applicant’s argument that the combination of Guo in view of Tillman does not teach the newly amended limitations, the examiner respectfully disagrees. It is noted that the argument is based on the teachings of Tillman. In particular the assertation that “Tillman does not disclose its wireless device provides a message indicating which one of multiple previously provided capabilities should be used.” Tillman discloses in paragraph 36 that the RAT selection is done dynamically. The selection is based on determining if there is multiple capabilities of subscriber identities. When there are multiple capabilities, then a selection is needed to be made. The communication is then made when a connection is needed or the devices are in idle state. This would mean updating the information. Tillman then further discloses in paragraphs 58 and 60 that a re-selection is made for one of the SIMs. This involves establishing a connection when needed and determining which connection is needed based on feasibility. This would mean that there is a message determining which capabilities is needed to be used. Therefore, Guo in view of Tillman does teach the newly amended limitations as claimed.
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.
Claim(s) 1, 3-5, 7, 8, 10-12, 14, 16, 17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2019/0053130) in view of Tillman (US 2017/0171902).
Regarding Claim 1, Guo teaches a method of wireless communication (Paragraph 4), comprising:
receiving, by a wireless device (Element 110), a capability enquiry message from a first network (Element 102) in a first communication connection with a first subscriber identity module (Element 204a) of the wireless device (Paragraphs 77 and 83, wherein the wireless communication device can communicate the first network. This includes communication in regards to the first SIM).
Guo does not teach transmitting, by the wireless device, to the first network, a first user equipment capability information message indicating a radio access capability between the wireless device and the first network, wherein the first user equipment capability information message includes a plurality of user equipment radio access capability sets; and
initiating, by the wireless device, a procedure for updating the radio access capability between the wireless device and the first network, the procedure comprising updating the radio access capability between the wireless device and the first network by transmitting, by the wireless device, to the first network, a second user equipment capability information message to indicate another radio access capability between the wireless device and the first network,
wherein the second user equipment capability information message includes a capability information indicator indicating which one of the plurality of user equipment radio access capability sets in the first user equipment capability information message is to be used.
Tillman does teach transmitting, by the wireless device, to the first network, a first user equipment capability information message indicating a radio access capability between the wireless device and the first network (Paragraphs 52-58, wherein it is determined what type of network capability each SIM card has. In addition, the RAT, radio access, information is also transmitted), wherein the first user equipment capability information message includes a plurality of user equipment radio access capability sets (Paragraphs 36, 58, 60, and 80, wherein the updated information is provided for network connection information); and
initiating, by the wireless device, a procedure for updating the radio access capability between the wireless device and the first network (Paragraphs 55-61 and 70, wherein an update can be sent based on changed connection properties), the procedure comprising updating the radio access capability between the wireless device and the first network by transmitting, by the wireless device, to the first network, a second user equipment capability information message to indicate another radio access capability between the wireless device and the first network (Paragraphs 55-61 and 70, wherein the second SIM information can also be communicated),
wherein the second user equipment capability information message includes a capability information indicator indicating which one of the plurality of user equipment radio access capability sets in the first user equipment capability information message is to be used (Paragraphs 36, 58, 60, and 80, wherein there is a designation of the RAT to be selected based on the feasibility of the connection required).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 3, Tillman further teaches wherein the first user equipment capability information message is transmitted upon receiving the capability enquiry message, and the second user equipment capability information message is transmitted without receiving the capability enquiry message (Paragraphs 55-61, wherein an update message can be sent when there is a need without a preceding inquiry).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 4, Tillman further teaches updating the radio access capability between the wireless device and the first network based on an establishment or a release of a second communication connection or based on a determination by the wireless device to update the radio access capability between the wireless device and the first network (Paragraphs 55-61, wherein an update message can be sent when there is a need without a preceding inquiry. This can be the result of a release or a need of a new network connection).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 5, Tillman further teaches wherein the second communication connection is a communication with the second network using a second subscriber identity module of the wireless device (Paragraph 60, wherein the second network connection is performed in regards to a second SIM).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 6, Tillman further teaches wherein the first user equipment capability information message includes at least two user equipment radio access capability sets associated with the wireless device, and wherein the second user equipment capability information message includes a capability information indicator to indicate a user equipment radio access capability set of the two user equipment radio access capability sets (Paragraph 80, wherein there is a designation of the RAT to be selected).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 7, Guo further teaches wherein the plurality of user equipment radio access capability sets are combined with one or more user equipment capability radio access technology (RAT) containers, wherein each user equipment capability RAT container indicates user equipment capabilities associated with one RAT type (Paragraph 70, wherein the RATs are associated with the UE and SIMs).
Regarding Claim 8, Tillman further teaches wherein the capability information indicator in the second user equipment capability information message indicates a user equipment capability set in the user equipment capability information message combined with one or more user equipment capability RAT containers in the first user equipment capability information message (Paragraph 80, wherein the RAT is selected).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 10, Guo further teaches wherein the first communication connection and the second communication connection include a radio resource control (RRC) connection (Paragraph 106, wherein the connection can be an RRC).
Regarding Claim 11, Guo teaches a method of wireless communication (Paragraph 4), comprising:
transmitting, by a first network (Element 102), a capability enquiry message to a wireless device (Paragraphs 77 and 83, wherein the wireless communication device can communicate the first network. This includes communication in regards to the first SIM);
Guo does not teach receiving, by the first network, a first capability information message that is transmitted from the wireless device in response to the capability enquiry message associated with a first communication connection with a first subscriber identity module of the wireless device, the first capability information message indicating a radio access capability between the wireless device and the first network, wherein the first capability information message includes a plurality of capability information sets; and
receiving, by the first network, a second capability information messages part of a procedure for updating the radio access capability between the wireless device and the first network, the procedure comprising updating the radio access capability between the wireless device and the first network by receiving, by the first network, from the wireless device, the second capability information message to indicate another radio access capability between the wireless device and the first network,
wherein the second capability information message includes a capability information indicator indicating which one of the plurality of capability information sets in the first capability information message is to be used.
Tillman does teach receiving, by the first network, a first capability information message that is transmitted from the wireless device in response to the capability enquiry message associated with a first communication connection with a first subscriber identity module of the wireless device, the first capability information message indicating a radio access capability between the wireless device and the first network (Paragraphs 52-58, wherein it is determined what type of network capability each SIM card has. In addition, the RAT, radio access, information is also transmitted), wherein the first capability information message includes a plurality of capability information sets (Paragraphs 36, 58, 60, and 80, wherein the updated information is provided for network connection information); and
receiving, by the first network, a second capability information message (Paragraphs 55-61 and 70, wherein the second SIM information can also be communicated), as part of a procedure for updating the radio access capability between the wireless device and the first network, the procedure comprising updating the radio access capability between the wireless device and the first network by receiving, by the first network, from the wireless device, the second capability information message to indicate another radio access capability between the wireless device and the first network (Paragraphs 55-61 and 70, wherein the second SIM information can also be communicated),
wherein the second capability information message includes a capability information indicator indicating which one of the plurality of capability information sets in the first capability information message is to be used (Paragraphs 36, 58, 60, and 80, wherein there is a designation of the RAT to be selected based on the feasibility of the connection required).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 12, Tillman further teaches wherein the procedure comprises updating of the radio access capability between the wireless device and the first network upon establishing a second communication connection between the wireless device and a second network or upon releasing the second communication connection (Paragraphs 55-61, wherein an update message can be sent when there is a need without a preceding inquiry. This can be the result of a release or a need of a new network connection).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 14, Tillman further teaches wherein the first capability information message includes a plurality of capability information sets for each radio access technology (RAT) type (Paragraph 80, wherein there is a designation of the RAT to be selected).
Guo and Tillman are combinable because they both deal with connecting to wireless networks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Tillman for the purpose of not degrading the performance when there are nonlinear effects in radio (Tillman: Paragraph 6).
Regarding Claim 16, Guo further teaches wherein each of the capability information sets is combined with one or more user equipment capability RAT containers, wherein each user equipment capability RAT container indicates user equipment capabilities associated with one RAT type (Paragraph 70, wherein the RATs are associated with the UE and SIMs).
Regarding Claim 17, the limitations are similar to those treated in and are met by the references as discussed in claim 1 above.
Regarding Claim 19, the limitations are similar to those treated in and are met by the references as discussed in claim 4 above.
Regarding Claim 20, the limitations are similar to those treated in and are met by the references as discussed in claim 10 above.
Conclusion
THIS ACTION IS MADE FINAL. 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 NICHOLAS PACHOL whose telephone number is (571)270-3433. The examiner can normally be reached M-Th: 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at 571-272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS PACHOL/ Primary Examiner, Art Unit 2699
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