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 1-3, 9, 12-13, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ueura et al (2024/0373334).
Regarding claim 1. Ueura teaches one or more servers of a public core (figure 9, item 102 – information processing device), comprising:
memory storing computer program instructions (figure 12, 0122-0124 – information processing device for simultaneous core management comprises memory, processor and program) for simultaneous core management for mobile devices (0099-0100 wherein information processing device simultaneously manages core networks (e.g., private core NW (N4) and public core NW (N3) for terminal devices (e.g,. controlling a channel in which public networks and private networks are mixed)) ; and
at least one processor configured to execute the computer program instructions, wherein the computer program instructions are configured to cause the at least one processor to (figure 12, 0122-0124 – information processing device for simultaneous core management comprises memory, processor and program):
receive polling data from one or more mobile devices pertaining to one or more public cores and one or more private cores (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks),
determine that a mobile device of the one or more mobile devices should switch from a current core to a public core of the one or more public cores or switch to a private core of the one or more private cores (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks), and
instruct the mobile device to switch to the determined public core or the determined private core for communications (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks).
Regarding claim 12. Ueura teaches one or more non-transitory computer-readable media storing programs (figure 12, 0122-0124 – information processing device for simultaneous core management comprises memory, processor and program) for simultaneous core management for mobile devices (0099-0100 wherein information processing device simultaneously manages core networks (e.g., private core NW (N4) and public core NW (N3) for terminal devices (e.g,. controlling a channel in which public networks and private networks are mixed)) for simultaneously core management for UEs, the program configured to cause one or more processors (figure 12, 0122-0124 – information processing device for simultaneous core management comprises memory, processor and program) to:
receive polling data from one or more mobile devices pertaining to one or more public cores and one or more private cores (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks),
determine that a mobile device of the one or more mobile devices should switch from a current core to a public core of the one or more public cores or switch to a private core of the one or more private cores (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks), and
instruct the mobile device to switch to the determined public core or the determined private core for communications (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks),
wherein the polling data comprises data pertaining to ping tests, signal strength analyses, or both (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data which includes signal strength) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks).
Regarding claim19. Ueura teaches a computer-implemented method (figure 12, 0122-0124 – information processing device for simultaneous core management comprises memory, processor and program) for intelligent simultaneous core management for mobile devices (0099-0100 wherein information processing device simultaneously manages core networks (e.g., private core NW (N4) and public core NW (N3) for terminal devices (e.g,. controlling a channel in which public networks and private networks are mixed)), comprising:
determining, by a server of a carrier network, that a mobile device should switch from a current core to a public core of one or more public cores or switch to a private core of one or more private cores (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks) based on polling data from a plurality of mobile devices, the polling data comprising capacity, bit rate, security, latency, location, throughput, call quality, or any combination thereof (0076 – UEs report communication quality (e.g., call quality), 0077 – number of probe request and number beacon receptions, reception/transmission packet counter, 0078 – reception/transmission packet counter value and bandwidth information, 0085 – network request information from UEs including bandwidth, traffic characteristic, latency, bandwidth associated with location that changes in time); and
instructing the mobile device to switch to the determined public core or the determined private core for communications, by the server of the carrier network (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks),
wherein the polling data comprises data pertaining to ping tests, signal strength analyses, or both (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data which includes signal strength) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks).
Regarding claim 2. Ueura teaches wherein the determination to switch the mobile device to the public core of the one or more public cores or to the private core of the one or more private cores is made based on capacity, bit rate, security, latency, location, throughput, call quality, or any combination thereof (0076 – UEs report communication quality (e.g., call quality), 0077 – number of probe request and number beacon receptions, reception/transmission packet counter, 0078 – reception/transmission packet counter value and bandwidth information, 0085 – network request information from UEs including bandwidth, traffic characteristic, latency, bandwidth associated with location that changes in time).
Regarding claims 3 and 13. Ueura teaches instruct the mobile device to use a plurality of public cores, a plurality or private cores, or at least one public core and at least one private core simultaneously (0099-0100 wherein information processing device simultaneously manages core networks (e.g., private core NW (N4) and public core NW (N3) for terminal devices (e.g,. controlling a channel in which public networks and private networks are mixed)).
Regarding claim 9. Ueura teaches wherein the polling data comprises data pertaining to all cores that the plurality of mobile devices are connected to (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks).
Regarding claim 11. wherein the polling data comprises data pertaining to ping tests, signal strength analyses, or both (0076-0078 – UEs 10 to 40 report the communication quality (e.g., polling data which includes signal strength) to the information processing device and the communication processing device selects private core network or public core network (0079) and sends an instruction to each of the UEs 10-40 to switch between private core network or public core network (0080, 0088-0089, 0091, 0098, 0100 – the information processing device transmits instruction information for giving an instruction to use private core networks or public core networks).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
2. Claims 4, 8, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ueura in view of Rogan (2021/0051467).
Regarding claims 4 and 14. Ueura does not explicitly teach instruct the mobile device to use a public core of the one or more public cores for a first application and to use a private core of the one or more private cores for a second application.
Rogan teaches sending profiles to UEs during setup of the UE, during a registration or onboarding process (0036) wherein first profile selects a first network for use for communications and a second profile selects a second network for communications (abstract, 0001, figure 1 item 102 – private network and item 104 – public network) and associated to a variety of applications (0010 – 0013). For example, application 1 associated with private enterprise network (figure 1, item 102, 0017) and Application 2 associated with the public network (figure 1 at 104, 0018) and SIM1 used for the enterprise network and SIM2 used for the public network (0043-0045, 0048).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to send profiles to the UE as taught by Rogan in order to enable an enterprise to prohibit the UE from operating certain application(s) when the UE is located at a private network and allow certain application(s) to be accessed via public network (Rogan at 0048).
Regarding claims 8 and 18. Ueura does not teach wherein the computer program 8. instructions are further configured to cause the at least one processor to: instruct the mobile device to use a public core of the one or more public cores for an application of the mobile device; or instruct the mobile device to use a private core of the one or more private cores for the application of the mobile device.
Rogan teaches sending profiles to UEs during setup of the UE, during a registration or onboarding process (0036) wherein first profile selects a first network for use for communications and a second profile selects a second network for communications (abstract, 0001, figure 1 item 102 – private network and item 104 – public network) and associated to a variety of applications (0010 – 0013). For example, application 1 associated with private enterprise network (figure 1, item 102, 0017) and Application 2 associated with the public network (figure 1 at 104, 0018) and SIM1 used for the enterprise network and SIM2 used for the public network (0043-0045, 0048).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to send profiles to the UE as taught by Rogan in order to enable an enterprise to prohibit the UE from operating certain application(s) when the UE is located at a private network and allow certain application(s) to be accessed via public network (Rogan at 0048).
3. Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ueura in view of Wang et al (2022/0394605).
Regarding claims 5 and 15. Ueura does not teach wherein the mobile device comprises a plurality of subscriber identity modules (SIMs) with dual SIM dual standby (DSDS) functionality and the computer program instructions are further configured to cause the at least one processor to:
instruct the mobile device to use a first SIM of the plurality of SIMs for voice
and short message service (SMS) communications via a public core of the plurality of
public cores and use a second SIM of the plurality of SIMs for data communications
via a private core of the plurality of private cores; or
instruct the mobile device to use the first SIM of the plurality of SIMs for the
voice and SMS communications via the private core of the plurality of public cores
and use the second SIM of the plurality of SIMs for data communications via the
public core of the plurality of public cores.
Wang teaches UE equipped with SIM1 and SIM2 for dual-SIM dual-standby which enables the UE establish a first network connection using SIM1 and a second network connection using SIM2 and the first and second network connections may be each be independent from one another and exist simultaneously (0024, 0029-0030, 0033) and the networks may be private networks and/or public networks (0025, 0040).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to use DSDS as taught by Wang in order to enable the UE to simultaneously receive voice+SMS on SIM1 on a public network and receive data on SIM2 on a data network thereby improving user experience (Wang at 0033).
4. Claims 6, 10, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ueura in view of Shimezawa et al (2025/0365692).
Regarding claims 6, 16 and 20. Ueura does not teach instructions are further configured to cause the at least one processor to: receive a subscriber identity module (SIM) message from the mobile device responsive to network characteristics of a polled core of the one or more public cores or the one or more private cores improving over time over a 5G band; and making the determination to switch the mobile device to the public core of the one or more public cores or to the private core of the one or more private cores responsive to the received communication.
Shimezawa teaches switching routes/SIM cards (0056, 0181) between private core networks (0011, 0047, figure 1, items 20A1 and 20B2, 0078, 0082 – different core networks) and public core networks (0011, 0047, figure 1, items 20A3 and 20B3, 0078, 0082 – different core networks). The server core network (figure 1, item 10) receives quality information and terminal information and notifies the UE about an improved route (0058, 0061 – measurements from each UE, 0062-0064 – selects wireless communications or base stations for improved communications, 0104 – receive polling information regarding quality information from UEs, 0117 – select BS and/or best satellite providing better service, 0149-0151 – acquires quality information about each of the wireless communications systems (communication links) from UEs and select the best/improved wireless communications systems, 0160 – determine wireless communication systems using the acquired quality information from UEs, 0170 – QoS information, 0223-0224 – quality information and the like corresponding to position information of each UE, 0227 – throughput, 0229 – delay/jitter, 0230 – bit error rate, 0231 – network congestion, 0232 – signal quality). Shimezawa teaching using a “forgetting factor” to remove older measurement data (0235).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to use the forgetting factor as taught by Shimezawa in order to select the best route/core networks to switch between for improved wireless communications.
Regarding claim 10. Ueura does not teach wherein the polling data comprises data pertaining to a core of the one or more public cores or the one or more private cores that is no longer available to a mobile device of the one or more mobile devices and the computer program instructions are further configured to cause the at least one
processor to:
remove the core that is no longer available from a list of cores that the mobile
device can be switched to.
Shimezawa teaches switching routes/SIM cards (0056, 0181) between private core networks (0011, 0047, figure 1, items 20A1 and 20B2, 0078, 0082 – different core networks) and public core networks (0011, 0047, figure 1, items 20A3 and 20B3, 0078, 0082 – different core networks). The server core network (figure 1, item 10) receives quality information and terminal information and notifies the UE about an improved route (0058, 0061 – measurements from each UE, 0062-0064 – selects wireless communications or base stations for improved communications, 0104 – receive polling information regarding quality information from UEs, 0117 – select BS and/or best satellite providing better service, 0149-0151 – acquires quality information about each of the wireless communications systems (communication links) from UEs and select the best/improved wireless communications systems, 0160 – determine wireless communication systems using the acquired quality information from UEs, 0170 – QoS information, 0223-0224 – quality information and the like corresponding to position information of each UE, 0227 – throughput, 0229 – delay/jitter, 0230 – bit error rate, 0231 – network congestion, 0232 – signal quality). Shimezawa teaching using a “forgetting factor” to remove older measurement data (0235).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to use the forgetting factor as taught by Shimezawa in order to select the best route/core networks to switch between for improved wireless communications.
5. Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ueura in view of Wu et al (2017/0347269).
Regarding claims 7 and 17. Ueura does not teach switch the mobile device to the public core of the one or more public cores or to the private core of the one or more private cores is made using one or more AI/ML models that have been trained to learn network characteristics and intelligently sell or buy coverage to switch the mobile device to a donor network of the one or more public cores or the one or more private cores.
Wu teaches using AI/ML that are trained with network coverage information (0049-0051) and provides for several advantages and features such as, but not limited to (i) selling opportunities to users, businesses and/or network providers, (ii) better end user experience, (iv) using common infrastructure with appropriately allocated frequencies to avoid contention and interference, (v) better network coverage, (vi) efficient utilization of otherwise unused bandwidth and APs, etc. (0052).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ueura to use the AI/ML as taught by Wu in order to provide better network coverage and efficient utilization of otherwise unused bandwidth and APs, etc.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(2023/0397046) Sahin et al teaches using polling data to intelligently switch between public core networks (figure 1 at 120-1) and private core networks (figure 1 at 120-2) thereby managing Dual SIM Dual Standby (DSDS) UEs (figure 1 at 105).
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5.
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646