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 .
Drawings
The drawings were received on 12-21-23. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14, line 2:
“a first network” should be changed to ---the first network---
Appropriate correction is required.
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)(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.
Claim(s) 1, 5-8, 11-14 & 18-20 is/are rejected under 35 U.S.C. 102(a)(1-2) as being anticipated by Gardner (GB 2462939 A).
Regarding Claim 8.
A method comprising:
establishing, by a user device {Gardner (GB 2462939 A): computer 2-Fig.1; 32-Fig.3}, a connection to a first network {Gardner: Internet, Figs.1 & 3 to an email server 3A-Fig.1 or 33AFig.3} via a gateway device {Gardner: ISP 7-Fig.1; 37-Fig.3}, wherein the user device is associated with a static Internet Protocol (IP) address on the first network {Gardner: page 1, lines 14-15 wherein “connection 6-Fig.1 (or 36-Fig.3) is assigned a unique routable static IP address by ISP 7-Fig.1 (or 37-Fig.3)};
based on a network condition associated with the first network, establishing a connection with a network assistance device (APN 11-Fig.1 or 41-Fig.3) {Gardner: page 2, line 28-page 3, line 3 wherein “in order to provide a continued internet connection during a disruption of the DSL line 6-Fig.1 or 36-Fig.3 (the claimed network condition), it is possible to provide a second, wireless connection 9-Fig.1 or 39-Fig.3 via a base station-not shown (second network) through wireless operator APN 11-Fig.1 or 41-Fig.3 (the claimed network assistance device) to the Internet in Figs.1 & 3; and abstract}; and
causing establishment of a connection {Gardner: wireless connection 9-Fig.1 or 39-Fig.3} between the user device {Gardner: computer 2-Fig.1 or 32-Fig.3} and a second network {Gardner: the wireless network of the base station-not shown, Figs.1 & 3} via the network assistance device {Gardner: APN 11-Fig.1 or 41-Fig.3} using the static IP address {Gardner: Abstract wherein “the wireless link (39) to the access point (APN, 41) with a private static IP address (IP7), the static IP address being associated with a public static IP address (IP7P), and configures the APN to route data received through the public static IP address to the private static IP address and visa-versa.” Also, page 5, lines 11-29 wherein when the primary connection (line 6-Fig.1 or 36-Fig.3) is disrupted or cut off, a second connection (wireless connection 9-Fig1 or 39-Fig.3) is assigned a private static IP address, and that the APN is adapted to route an email sent to the second public routable static IP address to the email server via the wireless connection}.
Regarding Claim 11. The method of claim 8, wherein the network assistance device {Gardner: APN 11-Fig.1 or 41-Fig.3)} and the gateway device {Gardner: ISP 7-Fig.1; 37-Fig.3} are located at a same premises {Gardner: the computer 2-Fig.1 or 32-Fig.3 establishing a connection to Internet via APN 11-Fig.1 or 41-Fig.3 and ISP 7-Fig.1 or 37-Fig.3, which are in the same location (access point to the internet), emphasis added}.
Regarding Claim 12. The method of claim 8, wherein the first network {Gardner: Internet, Figs.1 & 3} comprises a content provider network {Gardner: ISP 7-Fig.1 or ISP 37-Fig.3} and the second network {Gardner: the wireless network of the base station-not shown inherently comprising cellular or LTE network} comprises at least one of a cellular network or a Long Term Evolution (LTE) network.
Regarding Claim 13. The method of claim 8, wherein the network condition {Gardner: disruption of DSL 6-Fig1 or 36-Fig.3} associated with the first network {Gardner: Internet-Figs.1& 3} comprises a state of a connection between the gateway device {Gardner: ISP 7-Fig.1 or ISP 37-Fig.3} and the first network {Gardner: page 2, line 28-page 3, line 3 wherein “in order to provide a continued internet connection during a disruption of the DSL line 6-Fig.1 or 36-Fig.3, it is possible to provide a second, wireless connection 9-Fig.1 or 39-Fig.3 via a base station-not shown (second network) through wireless operator APN 11-Fig.1 or 41-Fig.3 (the claimed network assistance device) to the Internet in Figs.1 & 3; and abstract}.
Regarding Claim 14. (Currently Corrected)
A method comprising:
determining, by a controller device {Gardner (GB 2462939 A): Email Server 33-Fig.3 or 3-Fig.1} associated with a first network {Gardner: Internet-Figs.3 & 1}, a network condition {Gardner: the primary connection 36-Fig.3 or 6-Fig.1 (ADSL fails)} associated with [a] the first network {Gardner: Internet-Figs.3 & 1}, wherein a user device {Gardner: personal computer 32-Fig.3 or 2-Fig.1} is associated with a static IP address {Gardner: page 5, lines 16-22 wherein “a DNS can be queried by the email server via either first or second connection to the internet. The DNS selects and returns the first and/or second routable static IP addresses to the email server”} on the first network;
establishing a connection {Gardner: a second wireless connection 39-Fig.3 or 9-Fig.1} between a network assistance device {Gardner: APN 41-Fig.3} and a second network {Gardner: wireless network via base station through APN, page 2, line 28-page 3, line 3}; and
sending, to the network assistance device {Gardner: APN 11-Fig.1 or 41-Fig.3}, data indicative of the static IP address {Gardner: “the second connection is formed at least in part by a wireless link between the network and an APN the wireless link being assigned a private static IP address; and that the APN is adapted to route an email sent to the second public routable IP address to the email server via the wireless connection,” page 5, lines 22-26}, wherein the network assistance device is configured to cause establishment of a connection {Gardner: wireless connection 9-Fig.1 or 39-Fig.3} between the user device {Gardner: computer 2-Fig.1 or 32-Fig.3} and the second network {Gardner: wireless network by base station} based on the static IP address {Gardner: page 5, lines 11-12 & 27-29}.
Regarding Claim 18. The method of claim 14, wherein the first network comprises a content provider network and the second network comprises at least one of a cellular network or a Long Term Evolution (LTE) network.
-Claim 18 is rejected with the same reasons as set forth in claims 8, 12 & 14.
Regarding Claim 19. The method of claim 14, wherein the network condition associated with the first network comprises a state of a connection between a gateway device associated with the user device and the first network.
-Claim 19 is rejected with the same reasons as set forth in claims 8, 13 & 14.
Regarding Claim 20. The method of claim 19, wherein the network assistance device and the gateway device are located at a same premises.
-Claim 20 is rejected with the same reasons as set forth in claims 8, 11, 14 & 19.
Regarding Claim 1.
A method comprising:
establishing, by a network assistance device {Gardner (GB 2462939 A): APN 11-Fig.1 & 41-Fig.33}, a connection with a gateway device {Gardner: IPS 7-Fig.1 & 37-Fig.3}, wherein a user device {Gardner: computer 2-Fig.1 & 32-Fig.3} is connected to a first network {Gardner: Internet-Figs.1 & 3} via the gateway device {Gardner: IPS 7-Fig.1 & 37-Fig.3}, and wherein the user device {Gardner: computer 2-Fig.1 & 32-Fig.3} is associated with a static Internet Protocol (IP) address on the first network {Gardner: page 1, lines 14-15 wherein “connection 6-Fig.1 (or 36-Fig.3) is assigned a unique routable static IP address by ISP 7-Fig.1 (or 37-Fig.3); page 5, lines 16-22 wherein “a DNS can be queried by the email server via either first or second connection to the internet. The DNS selects and returns the first and/or second routable static IP addresses to the email server”; In other words, the user sends or received email at its email server from other email server via either ADSL connection 6-Fig.1 & 36-Fig.3 and wireless connection 9-Fig.1 & 39-Fig.3, which is associated with a static address of either ADSL connection 6-Fig.1 & 36-Fig.3 and wireless connection 9-Fig.1 & 39-Fig.3, emphasis added};
based on a network condition {Gardner: the primary connection 36-Fig.3 or 6-Fig.1 (ADSL fails)} associated with the first network, establishing, by the network assistance device (APN 11-Fig.1 or 41-Fig.3), a connection with a second network {Gardner: page 2, line 28-page 3, line 3 wherein “in order to provide a continued internet connection during a disruption of the DSL line 6-Fig.1 or 36-Fig.3 (the claimed network condition), it is possible to provide a second, wireless connection 9-Fig.1 or 39-Fig.3 via a base station-not shown (second network) through wireless operator APN 11-Fig.1 or 41-Fig.3 (the claimed network assistance device) to the Internet in Figs.1 & 3; and abstract}
receiving by the network assistance device (APN 11-Fig.1 or 41-Fig.3), from a controller device {Gardner: Email Server 33-Fig.3 or 3-Fig.1}, data indicative of the static IP address {Gardner: “the second connection is formed at least in part by a wireless link between the network and an APN the wireless link being assigned a private static IP address; and that the APN is adapted to route an email sent to the second public routable IP address to the email server via the wireless connection,” page 5, lines 22-26}, wherein the network assistance device is configured to cause establishment of a connection {Gardner: wireless connection 9-Fig.1 or 39-Fig.3} associated with the user device {Gardner: computer 2-Fig.1 or 32-Fig.3}; and
establishing a connection {Gardner: wireless connection 9-Fig.1 or 39-Fig.3} between the user device {Gardner: computer 2-Fig.1 or 32-Fig.3} and the network assistance device (APN 11-Fig.1 or 41-Fig.3) using the static IP address {Gardner: page 5, lines 11-12 & 27-29}.
Regarding Claim 5. The method of claim 1, wherein the network assistance device and the gateway device are located at a same premises.
-Claim 16 is rejected with the same reasons as set forth in claims 1, 8, 11, 14 & 20.
Regarding Claim 6. The method of claim 1, wherein the first network comprises a content provider network and the second network comprises at least one of a cellular network or a Long Term Evolution (LTE) network.
-Claim 6 is rejected with the same reasons as set forth in claims 1, 8, 12, 14 & 18.
Regarding Claim 7. The method of claim 1, wherein the network condition associated with the first network comprises a state of a connection between the gateway device and the first network.
-Claim 7 is rejected with the same reasons as set forth in claims 1, 8, 13, 14 & 19.
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) 2-4, 9-10 & 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gardner (GB 2462939 A) in view of Pan (US 2017/0374025 A1).
Regarding Claim 9. With the same reasons a set forth in the method of claim 8, Gardner does not explicitly disclose wherein the network assistance device is configured to cause establishment of a tunnel between the network assistance device and a controller device and receive data indicative of the static IP address via the tunnel.
However, in the same field of endeavor, Pan (US 2017/0374025 A1) disclose wherein the network assistance device {Pan: network device 304-Fig.3a, e.g., VPN gateway} is configured to cause establishment of a tunnel {Pan: tunnel IPsec interface 1} between the network assistance device {Pan: network device 304-Fig.3a} and a controller device {Pan: Network Device 2-Fig.3a, e.g. remote VPN gateway} and receive data indicative of the static IP address via the tunnel {Pan: ¶0051 wherein “responsive to receiving a packet, when no tunnel currently exists, network device 1 304 can determine, based on the destination IP address specified in the packet, which network device (for example, which of network devices 2 or 3) and hence which IPsec interface through which the packet is to be transmitted, thereby allowing network device 1 304 to create and associate a tunnel therewith, and subsequently use the tunnel to transmit this and subsequent packets to the specified destination IP address.” See also ¶0053-¶0055 & Figs.4a-4d wherein “ IPsec interface 404 can be created when the need arises (e.g., when a first IPsec connection request is received by the first network device 402 relating to a destination device coupled to second network device 406).” In other words, the network device 304 or 402 received static IP address from the destination 310 coupled to second network device via IPsec interface (tunnel) before it is not existed, thus using the static IP address of the destination to establish a new IPsec to the destination, emphasis added, ¶0045}. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to Pan’s teaching to Gardner’s system with the motivation being for “efficient, advanced configuration and management of an Internet Protocol Security (IPsec) interface so as to avoid establishing and tearing down of IPsec interfaces responsive to new and/or terminated IPsec connections.”{Pan: ¶0002}
Regarding Claim 10. With the same reasons as set forth in the method of claim 9, wherein the tunnel comprises an Internet Protocol Security (IPsec) tunnel {Pan: IPsec Interface 1 (192.10.11.08) is the claimed IPsec tunnel in Fig.3a & tunnel 408a in IPsec Interface (156.78.89.08) in Figs.4a-4d}.
Regarding Claim 15. The method of claim 14, further comprising: causing establishment of a tunnel between the network assistance device and the controller device, wherein sending the data indicative of the static IP address comprises sending the data indicative of the static IP address via the tunnel.
-Claim 15 is rejected with the same reasons as set forth in claims 8, 9 & 14.
Regarding Claim 16. The method of claim 15, wherein causing establishment of the tunnel between the network assistance device and the controller device associated with the first network is based on receiving, from the network assistance device, a message to initiate establishment of the tunnel.
-Claim 16 is rejected with the same reasons as set forth in claims 8, 9 & 14-15.
Regarding Claim 17. The method of claim 15, wherein the tunnel comprises an Internet Protocol Security (IPsec) tunnel.
-Claim 17 is rejected with the same reasons as set forth in claims 8, 10 & 14-15.
Regarding Claim 2. The method of claim 1, further comprising:
causing establishment of a tunnel between the network assistance device and the controller device, wherein receiving the data indicative of the static IP address comprises receiving the data indicative of the static IP address via the tunnel.
-Claim 2 is rejected with the same reasons as set forth in claims 1, 8-9, 14 & 15.
Regarding Claim 3. The method of claim 2, wherein causing establishment of the tunnel between the network assistance device and the controller device comprises sending, to the controller device, a message to initiate establishment of the tunnel.
-Claim 3 is rejected with the same reasons as set forth in claims 1, 8-9, 14 & 16.
Regarding Claim 4. The method of claim 2, wherein the tunnel comprises an Internet Protocol Security (IPsec) tunnel.
-Claim 4 is rejected with the same reasons as set forth in claims 1, 8, 10, 14 & 17.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shribman (US 20230267160 A1) discloses a method for overcoming intermittent, temporary, or other fetching failures by using multiple attempts for retrieving a content from a web server to a client device. The URL fetching may use direct or non-direct fetching schemes, or a combination thereof. The non-direct fetching method may use intermediate devices, such as proxy server, Data-Center proxy server, tunnel devices, or any combination thereof. Upon sensing a failure of a fetching action, the action is repeated using the same or different parameters or attributes, such as by using different intermediate devices, selected based on different parameters or attributes, such as different countries. The repetitions are limited to a pre-defined maximum number or attempts. The fetching attempts may be performed by the client device, by an intermediate device in a non-direct fetching scheme, or a combination thereof. Various fetching schemes may be used sequentially until the content is retrieved {Figs.5-39}.
O’Toole (US 7673048 B1) discloses that a client device establishes a first tunnel connection or tunnel, through a public network, with a first gateway of a private network and establishes, through the tunnel connection, a data connection with a destination device within the private network. The first gateway monitors or analyzes the geographic locations of the gateways associated with the private network relative to geographic location of the destination device associated with the data connection. Based upon such the monitoring, the first gateway transmits information to the client device relating to establishment of a second tunnel connection or tunnel with a second gateway of the private network. The client device establishes the second tunnel connection with the second gateway and establishes a data connection with the destination device through the second gateway. By establishing the second tunnel connection with the second gateway, the client device utilizes the bandwidth of the public network to exchange data with the destination device, thereby decreasing data transmission costs to the private network and decreasing private network latency {Figs.1-6}.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571)272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM.
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/PHUONGCHAU BA NGUYEN/Primary Examiner, Art Unit 2464