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 § 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.
Claims 1-3, 5, 8-10, 12, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Borse (US 2017/0,164,184) in view of Upp et al (US 10,039,151; hereinafter Upp) in view of Cai et al (US 2022/0,417,729; hereinafter Cai).
Regarding claim 1 and 8, Borse disclose a method and system for data channel switching, the system comprising: one or more processors and one or more computer-readable media storing computer-usable instructions that, when executed by the one or more processors (paras. [0049]-[0051]), cause the one or more processors to:
connect a device to a first data channel via a first subscriber identity module (SIM) profile (a first active SIM profile is activated for the device and is assigned to the first basic logical channel; paras. [0030]-0032], [0046]); communicate a request to connect with a second data channel utilizing a second SIM profile (request for a second/additional SIM profile and the second SIM profile is assigned a next available channel or a second basic logical channel to the second profile; paras. [0032], [0036]);
attach to the second data channel utilizing the second SIM profile (associate the additional/second SIM profile with the second basic logical channel; paras. [0032]-[0033], [0036]); and activate service capabilities utilizing the first SIM profile on the second data channel associated with the second SIM profile (activating services associated with the first SIM profile on the second basic logical channel that is associated with the second SIM profile; ¶ [0009]). Borse do not explicitly disclose identify that the first channel has failed, requesting to re-authenticate with a second data channel utilizing a second SIM profile and the first SIM profile enables push-to-talk (PTT) capabilities. In the same field of endeavor, Cai disclose identify that the first data channel has failed, requesting to re-authenticate with a second data channel utilizing a second SIM profile (when quality of service or a metric for connection to the network falls below a threshold, a handover of a first SIM profile to a second SIM profile is performed and the network receives a second SIM profile request from the UE and the network re-authenticate the UE based on the second SIM profile that has a certain preferred service type (paras. [0011], [0013], [0016]-[0020]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to switch from one SIM profile to another based on the different service needs and quality of service at any given time (Cai; ¶ [0013]). Borse and Cai do not disclose the first SIM profile enables push-to-talk (PTT) capabilities. In related art, Upp disclose the first SIM profile enables push-to-talk (PTT) capabilities (col 10, line 56 – col 11, line 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide specific types of service capabilities, e.g. mission critical PTT (Upp; col 10, line 56 – col 11, line 6), for switching to emergency call services as one of the capable services for the first SIM profile based on the different service needs at any given time.
Regarding claim 2 and 9, Borse, Upp, and Cai disclose the system and method of claim 1 and 8 respectively, wherein the first data channel is associated with a first carrier and the second data channel is associated with a second carrier (each SIM profile utilizes a cell with an operating frequency band that corresponds to the preferred slice service type for the SIM profile; Cai, ¶ [0011], [0029], [0031]).
Regarding claim 3 and 10, Borse, Upp, and Cai disclose the system and method of claim 1 and 8 respectively, wherein the first carrier is different from the second carrier (the first session and associated slice service type for a first user application associated with the first SIM profile over the first operating frequency band and wirelessly exchanges data using the second session and associated second slice service type for a second user application associated with the second SIM profile over the second operating frequency band. Cai, ¶ [0021]).
Regarding claim 5 and 12, Borse, Upp, and Cai disclose the system and method of claim 1 and 8 respectively, wherein the one or more processors is further configured to identify that the first data channel is available (the processor assesses each available channel and selects the most appropriate channel for the active profile, e.g. selecting the first basic logical channel for the first active profile and a second/next available channel for the second active profile; Borse, paras. [0032]-[0033]).
Regarding claim 15, Borse, Upp, and Cai disclose the method of claim 8, wherein the first SIM profile and the second SIM profile are associated with either an electronic SIM or a physical SIM (physical SIM card; Borse, ¶ [0035]).
Regarding claim 16, Borse, Upp, and Cai disclose the method of claim 8, further comprising launching a PTT application utilizing the first SIM profile while on the second data channel associated with the second SIM profile (activating the first SIM profile on the second basic logical channel that is associated with the second SIM profile; Borse, ¶ [0009], launching a service application using the first SIM profile; Cai, ¶ [0021], the first SIM profile enables push-to-talk (PTT) service capabilities; Upp, col 10, line 56 – col 11, line 6).
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Borse (US 2017/0,164,184) in view of Upp et al (US 10,039,151) in view of Cai et al (US 2022/0,417,729) further in view of Serna et al (US 10,362,617; hereinafter Serna).
Regarding claim 4 and 11, Borse, Upp, and Cai disclose the system and method of claim 1 and 8 respectively, wherein the device is a dual-SIM device. Borse, Upp, and Cai do not explicitly disclose the device is a dual-SIM device. In the same field of endeavor, Serna disclose the device is a dual SIM device (col 1, lines 59-62). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to leverage a secondary data connection provided by a secondary SIM card associated to a mobile communication device that increases user options to access his regular mobile communications services, especially when abroad (Serna, col 1, lines 52-62).
Claims 6-7 and 13-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Borse (US 2017/0,164,184) in view of Upp et al (US 10,039,151) in view of Cai et al (US 2022/0,417,729) further in view of Krishnamoorthy et al (US 2016/0,066,217; hereinafter Krishnamoorthy).
Regarding claim 6 and 14, Borse, Upp, and Cai disclose the system and method of claim 5 and 12 respectively, wherein the first data channel is determined to be available using periodic health checks of the first data channel (quality of service or other metric is checked in a connection, e.g. on a first data channel using a first SIM profile, to see if it falls below a threshold, and if the quality metric does not fall below a threshold, the first SIM profile is active on the first data channel without a need for handover to a second SIM profile using a second data channel connection, Cai; paras. [0017]-[0019]). Borse, Upp, and Cai do not disclose periodic health checks of the data channel. In the same field of endeavor, Krishnamoorthy disclose periodic health checks of the data channel (¶ [0045]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide monitoring of the data channel to see if the data channel has the highest signal strength and quality without needing to switch to another channel (Krishnamoorthy; ¶ [0045]).
Regarding claim 7 and 13, Borse, Upp, and Cai disclose the system and method of claim 5 and 12 respectively, wherein the one or more processors is further configured to re-attach the device to the first data channel utilizing the first SIM profile (quality of service or other metric is checked in a connection, e.g. on a first data channel using a first SIM profile, to see if it falls below a threshold, and if the quality metric does not fall below a threshold, the first SIM profile is reactivated on the first data channel using the first SIM profile, Cai; paras. [0017]-[0019]). Krishnamoorthy disclose periodic check of a data channel with the highest signal strength and quality, e.g. checking if the first data channel become available based on the signal strength and quality measurement (¶ [0045]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to switch back to the first data channel if it is determined that the first data channel has the best signal strength and quality.
Regarding claim 17, Borse disclose method for data channel switching, the method comprising:
connecting a device to a first data channel via a first subscriber identity module (SIM) profile (a first active SIM profile is activated for the device and is assigned to the first basic logical channel; paras. [0030]-0032], [0046]); communicating a request to connect with a second data channel utilizing a second SIM profile (request for a second/additional SIM profile and the second SIM profile is assigned a next available channel or a second basic logical channel to the second profile; paras. [0032], [0036]); attaching to the second data channel utilizing the second SIM profile (associate the additional/second SIM profile with the second basic logical channel; paras. [0032]-[0033], [0036]); and activating service capabilities utilizing the first SIM profile on the second data channel associated with the second SIM profile (activating services associated the first SIM profile on the second basic logical channel that is associated with the second SIM profile; paragraph [0009]); identifying that the first data channel is available (the processor assesses each available channel and selects the most appropriate channel for the active profile, e.g. selecting the first basic logical channel for the first active profile and a second/next available channel for the second active profile; paras. [0032]-[0033]). Borse do not explicitly disclose identifying that the first channel has failed, and requesting to re-authenticate with a second data channel utilizing a second SIM profile and the first SIM profile enables push-to-talk (PTT) capabilities, switching from the second channel to the first channel when the first channel becomes available, wherein a first data channel data connection and PTT capabilities are enabled utilizing the first SIM profile. In the same field of endeavor, Cai disclose identifying that the first data channel has failed, requesting to re-authenticate with a second data channel utilizing a second SIM profile, switching from the second channel to the first channel when the first channel becomes available, wherein a first data channel data connection and service capabilities are enabled utilizing the first SIM profile (when quality of service or a metric for connection to the network falls below a threshold, a handover of a first SIM profile to a second SIM profile is processed, and the network receives a second SIM profile request from the UE and the network re-authenticate the UE based on the second SIM profile that has a certain preferred service type, switching from the second channel to the first channel using the first SIM profile when the first channel quality metric is above a threshold, wherein a first data channel data connection and service capabilities of a preferred service type of the first SIM profile are enabled (paras. [0011], [0013], [0016]-[0020]). Krishnamoorthy disclose periodic checks of a data channel with the highest signal strength and quality, e.g. checking if the first data channel become available based on the signal strength and quality measurement of the first data channel (¶ [0045]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to switch back to the first data channel if it is determined that the first data channel has the best signal strength and quality. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to switch from one SIM profile to another based on the different service needs and quality of connection and quality of service at any given time (Cai; ¶ [0013]). Borse and Cai do not disclose the first SIM profile enables push-to-talk (PTT) capabilities. In related art, Upp disclose the first SIM profile enables push-to-talk (PTT) capabilities (col 10, line 56 – col 11, line 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide specific types of service capabilities, e.g. mission critical PTT (Upp; col 10, line 56 – col 11, line 6), for switching to emergency call services as one of the capable services for the first SIM profile based on the different service needs at any given time.
Regarding claim 18, Borse, Cai, Upp, and Krishnamoorthy disclose the method of claim 17, wherein the first data channel is associated with a first carrier and the second data channel is associated with a second carrier (each SIM profile utilizes a cell with an operating frequency band that corresponds to the preferred slice service type for the SIM profile; Cai, ¶ [0011], [0029], [0031]).
Regarding claim 19, Borse, Cai, Upp, and Krishnamoorthy disclose the method of claim 18, wherein the first carrier is different than the second carrier (the first session and associated slice service type for a first user application associated with the first SIM profile over the first operating frequency band and wirelessly exchanges data using the second session and associated second slice service type for a second user application associated with the second SIM profile over the second operating frequency band; Cai, ¶ [0021]).
Regarding claim 20, Borse, Cai, Upp, and Krishnamoorthy disclose the method of claim 18, further comprising terminating the attachment to the second data channel via the second SIM profile once the device has re-connected to the first data channel (once the device has switched to the better quality channel using the first SIM profile, the connection to the second data channel using the second SIM profile is ended; Cai; paras. [0016]-[0020]).
Conclusion
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/LANA N LE/Primary Examiner, Art Unit 2648