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 .
DETAILED ACTION
1. This communication is response to the application filed 08/25/2025 havingclaims 1-20 pending and presented for examination.
Priority
2. Application filed on 09/05/2023 has no priority.
Drawings
3. The drawings were received on 09/05/2023 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/25/2025, 09/05/2023, 2/11/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 09/05/2023 is accepted by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 6-10, 13-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US Publication US 20200100309 A1 JHA et al. (Hereinafter “JHA ").
As per claim 1, JHA teaches a mobile device, comprising: memory storing computer program instructions for tiered simultaneous core management; and at least one processor configured to execute the computer program instructions (1A, memory storing computer program instructions for tiered simultaneous core management; 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: configure the mobile device, an application running on the mobile device, or both, for a plurality of cores based at least in part on a service tier associated with a user or entity of the mobile device, the application, a type of data transfer, or a priority, the plurality of cores comprising one or more public cores, one or more private cores, or both (para 0153- 0154], 0110] configured by UE 100 and the application running on the mobile for plurality or cores such as 4G and 5G services tier associated with user of the mobile device wherein the 4G and 5G services comprising one or more public cores,), and simultaneously use the plurality of cores from the configuration (para 0153- 0154], fig. 5b, UE 100 simultaneously use the plurality of cores 4G and 5G from the configuration). 20200100309
As per claim 2, JHA teaches the mobile device of claim 1, wherein the computer program instructions are further configured to cause the at least one processor to: determine that a core assignment for the mobile device or the application running on the mobile device should be modified from among the plurality of cores(para 0110], fig, 5b, based on the availability of application running on the mobile device should be modified from among the plurality of cores ); assign one or more cores of the plurality of cores to the mobile device or the application (para 0110], fig, 5b, assign 4G or 5G cores of the plurality of cores to the mobile device or the application); and use the assigned one or more cores for communication by the mobile device or the application (para 0110], fig, 5b, communicate with core based on the mobile assignment).
As per claim 3, JHA teaches the mobile device of claim 2, wherein the assignment of the one or more cores of the plurality of cores is made by the mobile device based at least in part on capacity, bit rate, security, latency, location, throughput, call quality, or any combination thereof (para 0153- 0154], fig. 5b, based on the location of the mobile wherein the 5G or 4G availability).
As per claim 6, JHA teaches the mobile device of claim 2, wherein the mobile device is configured to assign enterprise applications to one or more private cores of the plurality of cores, the mobile device is configured to assign non-enterprise applications to one or more public cores of the plurality of cores, and the assignment of the one or more cores of the plurality of cores is made by the mobile device based at least in part on whether the application is an enterprise application or a non-enterprise application (para 0059], applications to one or more private cores of the plurality of cores and cores is made by the mobile device based at least in part on whether the application is an enterprise application).
As per claim 7, JHA teaches the mobile device of claim 2, wherein the computer program instructions are further configured to cause the at least one processor to: obtain polling data from the plurality of cores (para 0056],obtain the target station information based on signal). and use the obtained polling data at least in part for the assignment of the one or more cores of the plurality of cores, wherein the polling data comprises data pertaining to ping tests, signal strength analyses, or both (para 0056], obtained polling data at least in part for the assignment of the signal strength analyses).
As per claim 8, JHA teaches the mobile device of claim 1, wherein the computer program instructions are further configured to cause the at least one processor to: obtain polling data from the plurality of cores(para 0110], fig, 5b, mobile device determines the availability of 4G or 5G services).; and determine that network characteristics of a core of the plurality of cores have improved over time (para 0110], fig, 5b, network characteristics of a core of the plurality of cores have improved over time to connect); and send a subscriber identity module (SIM) message to a server of a carrier network responsive to the determination over a 5G band (para 0110], fig, 5b, send a subscriber identity module (SIM) message to a server of a carrier network responsive to the determination over a 5G band).
As per claim 9, JHA teaches the non-transitory computer-readable medium storing a computer program for tiered simultaneous core management for a mobile device, the computer program configured to cause at least one processor to: configure the mobile device, an application running on the mobile device, or both, for a plurality of cores based at least in part on a service tier associated with a user or entity of the mobile device, the application, a type of data transfer, or a priority, the plurality of cores comprising one or more public cores, one or more private cores, or both(para 0153- 0154], 0110] configured by UE 100 and the application running on the mobile for plurality or cores such as 4G and 5G services tier associated with user of the mobile device wherein the 4G and 5G services comprising one or more public cores,); simultaneously use the plurality of cores from the configuration(para 0153- 0154], fig. 5b, UE 100 simultaneously use the plurality of cores 4G and 5G from the configuration) determine that a core assignment for the mobile device or the application running on the mobile device should be modified from among the plurality of cores(para 0110], fig, 5b, based on the availability of application running on the mobile device should be modified from among the plurality of cores );; assign one or more cores of the plurality of cores to the mobile device or the application (para 0110], fig, 5b, assign 4G or 5G cores of the plurality of cores to the mobile device or the application);; and use the assigned one or more cores for communication by the mobile device or the application(para 0110], fig, 5b, communicate with core based on the mobile assignment)..
As per claim 10, JHA teaches the non-transitory computer-readable medium of claim 9, wherein the assignment of the one or more cores of the plurality of cores is made by the mobile device based at least in part on capacity, bit rate, security, latency, location, throughput, call quality, or any combination thereof (para 0153- 0154], fig. 5b, based on the location of the mobile wherein the 5G or 4G availability).
As per claim 13, JHA teaches the non-transitory computer-readable medium of claim 9, wherein the mobile device is configured to assign enterprise applications to one or more private cores of the plurality of cores, the mobile device is configured to assign non-enterprise applications to one or more public cores of the plurality of cores, and the assignment of the one or more cores of the plurality of cores is made by the mobile device based at least in part on whether the application is an enterprise application or a non-enterprise application(para 0059], applications to one or more private cores of the plurality of cores and cores is made by the mobile device based at least in part on whether the application is an enterprise application)..
As per claim 14, JHA teaches the non-transitory computer-readable medium of claim 9, wherein the computer program is further configured to cause the at least one processor to: obtain polling data from the plurality of cores(para 0056],obtain the target station information based on signal).; and use the obtained polling data at least in part for the assignment of the one or more cores of the plurality of cores, wherein the polling data comprises data pertaining to ping tests, signal strength analyses, or both (para 0056], obtained polling data at least in part for the assignment of the signal strength analyses).
As per claim 15, JHA teaches the non-transitory computer-readable medium of claim 9, wherein the computer program is further configured to cause the at least one processor to: obtain polling data from the plurality of cores(para 0110], fig, 5b, mobile device determines the availability of 4G or 5G services).;; and determine that network characteristics of a core of the plurality of cores have improved over time; and send a subscriber identity module (SIM) message to a server of a carrier network responsive to the determination over a 5G band (para 0110], fig, 5b, send a subscriber identity module (SIM) message to a server of a carrier network responsive to the determination over a 5G band).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art. 1-5, 10, 13-15, 17-19 9 16 11-12, 20 6-8
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 4, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JHA further view of US PG Pub US 20230156547 A1 to Lei et al (hereinafter Lei).
As per claim 4, JHA teaches the mobile device of claim 2, Lei wherein the assignment of the one or more cores of the plurality of cores is made by mobile device based at least in part on minimum bandwidth requirements of the application (para 0033], fig. 5b, assignment of the one or more cores of the plurality of cores such as SA and NSA by is made by mobile device 118 so minimum bandwidth requirement of the application met). 20230156547
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of JHA by assignment of the one or more cores of the plurality of cores is made by mobile device based at least in part on minimum bandwidth requirements of the application as suggested by Lei, this modification would benefit JHA for enabling a efficient data transfer in mobile communication network.
As per claim 11, JHA teaches the non-transitory computer-readable medium of claim 9, Lei teaches wherein the assignment of the one or more cores of the plurality of cores is made by mobile device based at least in part on minimum bandwidth requirements of the application (para 0033], fig. 5b, assignment of the one or more cores of the plurality of cores such as SA and NSA by is made by mobile device 118 so minimum bandwidth requirement of the application met).
Examiner supplies the same rationale as supplied in claim 4.
Claim(s) 5 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JHA further view of US PG Pub US 20250192865 A1 to Ferrante et al (hereinafter Ferrante).
As per claim 5, JHA teaches the mobile device of claim 2, Ferrante teaches wherein the assignment of the one or more cores of the plurality of cores is made at least in part by the mobile device using one or more artificial intelligence (AI)/machine learning (ML) models that have been trained to learn network characteristics of the plurality of cores (para 0111], plurality of cores cell selection by the mobile device artificial intelligence (AI)/machine learning (ML) models that have been trained to learn network characteristics of the plurality of cores) . 20250192865
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of JHA by wherein the assignment of the one or more cores of the plurality of cores is made at least in part by the mobile device using one or more artificial intelligence (AI)/machine learning (ML) models that have been trained to learn network characteristics of the plurality of cores as suggested by Ferrante, this modification would benefit JHA for enabling a efficient productivity with improved decision making in a mobile communication network system.
As per claim 12, JHA teaches the non-transitory computer-readable medium of claim 9, wherein the assignment of the one or more cores of the plurality of cores is made at least in part by the mobile device using one or more artificial intelligence (AI)/machine learning (ML) models that have been trained to learn network characteristics of the plurality of cores (para 0111], plurality of cores cell selection by the mobile device artificial intelligence (AI)/machine learning (ML) models that have been trained to learn network characteristics of the plurality of cores) .
Examiner supplies the same rationale as supplied in claim 5.
Response to Arguments
On page 9 of applicant’s argument regarding claim 1, applicant argues that, “Specification, par. [0027]. Thus, the public cores and private cores of claim 1 perform different functions, provide different access etc.-one is not a substitute for another. Furthermore, "mobile device 405 is initially using carrier core 420 for communications in this example, although the reverse could be the case, or mobile device 405 may be using both cores simultaneously." Id., par. [0047]. In other words, the mobile device of claim 1 is actively using both cores at the same time, not merely switching between one core and another”. Applicants argument are not persuasive. As per the teaching of Jha, in para 0153- 0154], fig. 5b,c UE 100 is connected to both 5g and 4g simultaneously and performs dual registration. During the dual registration process, UE use both core network use cores from the configuration of both networks.
On page 10 of applicant’s argument regarding claim 1, applicant argues that, “
The Office Action alleges that JHA teaches the simultaneous use of cores. Jha is directed towards a mobile device losing high-speed data connectivity when forced to prioritize legacy voice services. Specifically, Jha describes the scenario where a "5G capable UE with single radio.. is registered to a 5G network and a 4G network," and if the 5G network lacks voice support, the device must provide voice services on older networks, which "leads to the UE losing the 5G services, though the 5G service is available." Jha, par. [0003]. Thus, JHA uses different cores to provide the same service (here, voice services) to a UE via a 4G or a 5G network, depending on availability. Neither the 4G core nor 5G core is analogous to the private cores of claim 1, so JHA fails to teach at least one or more private cores”. Applicants argument are not persuasive. Jhan teaches para 0153- 0154], fig. 5b,c 4G and 5G are wireless technologies used for high speed data transfer in a mobile communication network, both can be a private and public, unless claim differentiate what kind of private network is.
On page 10 of applicant’s argument regarding claim 1, applicant argues that, “
Jha cannot "simultaneously use the plurality of cores from the configuration" as the UE is alternating between the cores based on availability”. Applicants argument are not persuasive. As per the teaching of Jha, in para 0153- 0154], fig. 5b,c UE 100 is connected to both 5g and 4g simultaneously and performs dual registration. During the dual registration process, UE use both core network use cores from the configuration of both networks.
Allowable Subject Matter
Claim 16 is allowed.
Conclusion
Prior arts made of record, not relied upon: US Patent Publication US 20220021688 A1US Patent Publication US 20210409656 A1, US Patent Publication US 20220174631 A1
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467
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