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 .
Status of Claims
The following is a non-final, first action on the merits, in response to application filed November 02, 2023. Claims 1-20, are currently pending.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 02/01/2024 and 08/07/2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
The factual inquiries 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.
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.
Claim(s) 1-4, 8-9, 17-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Dudar et al (hereinafter Dudar) (US 2023/0300595) in view of Tagg et al (hereinafter Tagg) (US 2017/0150435).
Regarding claims 1, 17, Dudar discloses a method comprising:
searching, by a mobile device, for one or more home networks (private network) in a list of available networks (in response to forwarded InsertSubscriberDataArg message 775, private network 110 (e.g., Home Subscriber Service (HSS) 350) may identify types of services available to UE 105, and transmit an update services list in an Insert Subscriber Data Response message (“InsertSubscriberDataResp”) 780 toward visited PLMN 115, e.g., mobility management entity (MME) 310 via private (home) roaming agent (PRA) 160) (paras. 0050);
attaching (detects, based on the attach request, that the UE device is subscribed to a private network (home network)), by the mobile device, to a home network selected from the list of available networks (abstract; paras. 0045, 0046, 0054);
monitoring, by the mobile device, location of the mobile device after attaching to the home network (visited PLMN 115 (e.g., MME 310) may send an update location request message 740 toward private network 110 (e.g., HSS 350) via PRA 160 to update/confirm the location of UE 105) (paras. 0047, 0054);
detecting, by the mobile device based on the location of the mobile device, a roaming scenario when the mobile device moves outside the home network (that is, private network) and attaches to a visited network (visited PLMN) not on the list of available networks (At some time after the provisioning, UE 105 (a subscriber of private network 110 roaming into coverage of visited PLMN 115) may send an attach request 710 to visited PLMN 115, visited PLMN 115 may receive attach request 710 and may perform an International Mobile Subscriber Identity (IMSI) analysis (box 715) to determine that UE 105 is a private network user. Based on the IMSI analysis result, visited PLMN 115 (e.g., MME 310) may send a roaming authorization request message 720 to RIR 150. Roaming authorization may include the IMSI of UE 105. In response the RIR 150 may perform an IMSI lookup (box 725). Assuming successful provisioning, RIR 150 may perform a registry lookup, find the IMSI of UE 105, and identify the corresponding Private Network Pointer (e.g., a network address for HSS 350 in private network 110). RIR 150 may provide a roaming authorization response 730 to visited PLMN 115 (e.g., MME 310), that may indicate/confirm that RIR 150 found the IMSI for UE 105 and provide the Private Network Pointer) (paras. 0046, 0047);
collecting, by a subscriber identification module (SIM) applet on the mobile device, performance data associated with the visited network upon detecting that the mobile device is roaming in the visited network (UE 105 may include a Subscriber Identity Module (SIM). A SIM may include, for example, an embedded SIM (eSIM), a Universal Integrated Circuit Card (UICC), or embedded UICC (eUICC). The SIM may store a user's (or a subscriber's) credentials associated with accessing private network 110. Furthermore, to enable UE 105 to receive services from other networks (e.g., public network 115) when outside the coverage area of private network 110, the SIM may also include additional information, such as a PLMN ID for private network 110 and an IMSI (or Subscription Permanent Identifier (SUPI)) for UE 105) (para. 0015, see also figs. 7A and 7b);
transmitting (sending) the performance data from the mobile device to a server associated with a service provider of the mobile device (private network 110 e.g., HSS 350, may identify types of communication services available to UE 105, and transmit an update services list in an Insert Subscriber Data Response message (“sertSubscriberDataResp”) 780 toward visited PLMN 115 (e.g., MME 310) via PRA 160 (para. 0050). Dudar further discloses after the provisioning, a UE a subscriber of private network 110, roaming into coverage of visited PLMN 115, may send an attach request 710 to visited PLMN 115 Visited PLMN 115 may receive attach request 710 and may perform an IMSI analysis (box 715) to determine that UE 105 is a private network user. Based on the IMSI analysis result, visited PLMN 115 (e.g., MME 310) may send a roaming authorization request message 720 to RIR 150. Roaming authorization request message 720 may include the IMSI of UE 105. In response to receiving roaming authorization request message 720, RIR 150 may perform an IMSI lookup. Dudar does not expressly show detaching (discontinuing) from the visited network and attaching (re-attached) to a second visited network. Tagg discloses various rules by which to attach, using the most favorable IMSI, to the most favorable network in the area, when a subscriber is not attached to a preferred network and is able to instruct the subscribed communications device to automatically detach from the current network and to either attach to an available known more favorable network, or seek connection to a known more favorable network (paras. 0075, 0034, 0038). Given the disclosure per Tagg it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed to incorporate the teaching of Tagg with the process of Dudar for the benefit of advantageously enable a mobile phone user, subscribed to the service or network providing the service, to roam from network to network and to automatically configure and connect to roam-to networks as a local user that may effectively eliminate roaming charges and therefore reduce the cost of mobile telephone calls and data usage to much lower levels.
Regarding claim 2, Dudar in view of Tagg discloses limitation noted above with claim 1. Tagg further discloses receiving a command from the server based on the performance data; and adjusting a priority order of the list of available networks based on the command (managing the automatic connection of a subscribed communication device to an available network, the method comprising determining a current location for the subscribed communication device, retrieving a list of available networks for that current location, selecting a preferred network from the list of available networks, and outputting an instruction) (para. 0066).
Regarding claim 3, Dudar in view of Tagg discloses limitation noted above with claim 1. Tagg discloses automatically deactivating the SIM applet upon detecting that the mobile device moves outside the visited network and attaches to the home network or another network in the list of available networks (Tagg discloses various rules by which to attach, using the most favorable IMSI, to the most favorable network in the area, when a subscriber is not attached to a preferred network and is able to instruct the subscribed communications device to automatically detach from the current network and to either attach to an available known more favorable network, or seek connection to a known more favorable network. Also identifiers used are commonly the customers IMSI (International Mobile Subscriber Identity) that resides on a SIM (Subscriber Identity Module) or their telephone number MSISDN (Mobile Subscriber Integrated Services Digital Network Number) or other important identities such as MAC (Media Access Control) address, IP address, email address and IMEI (International Mobile Equipment Identity) (paras. 0075, 0034, 0038)..
Regarding claim 4, Dudar in view of Tagg discloses limitation noted above with claim 1. Dudar discloses registering by the SIM applet with an application executing on the mobile communication device to receive events associated with the visited network (enable UE 105 to receive services from other networks (e.g., public network 115) when outside the coverage area of private network 110, the SIM may also include additional information, such as a PLMN ID for private network 110 and an IMSI (or Subscription Permanent Identifier (SUPI)) for UE 105) (para. 0015).
Regarding claim 8, Dudar in view of Tagg discloses limitation noted above with claim 1. Tagg discloses receiving a command from the server by the mobile device based on the performance data, wherein the mobile device detaching from the visited network and attaching to the second visited network is based on the command, Tagg further discloses receiving a command from the server based on the performance data; and adjusting a priority order of the list of available networks based on the command (managing the automatic connection of a subscribed communication device to an available network, the method comprising determining a current location for the subscribed communication device, retrieving a list of available networks for that current location, selecting a preferred network from the list of available networks, and outputting an instruction) (para. 0066).
Regarding claim 9, Dudar in view of Tagg discloses limitation noted above with claim 1. Tagg further discloses wherein the mobile device determines autonomously to detach from the visited network and attach to the second visited network (paras. 0075, 0034, 0038)..
Regarding claim 18, Dudar discloses sending (transmitting) the performance data to a performance measurement server in the home network (private network 110 e.g., HSS 350, may identify types of communication services available to UE 105, and transmit an update services list in an Insert Subscriber Data Response message (“sertSubscriberDataResp”) 780 toward visited PLMN 115 (e.g., MME 310) via PRA 160 (para. 0050).
Claim(s) 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Dudar et al (hereinafter Dudar) (US 2023/0300595) in view Tagg et al (hereinafter Tagg) (US 2017/0150435) and further in view of Bader et al (hereinafter Bader) (US 2019/0215250).
Regarding claim 20, Dudar in view of Tagg discloses limitation noted above with claim 1, 17, however, does not expressly show collecting less performance data in the visited network when a quantity of the performance data collected in the visited network reaches or exceeds a threshold. Bader in a similar field of endeavor discloses obtaining Service level-related Performance Data (SPD) that have been collected by the user terminal while roaming in a visited network. Additionally, subscription information associated with the user terminal and indicative of an Service Related Agreement (SLA) is obtained, while roaming in the visited network may be compared with a guaranteed data rate defined in the subscription information. If the deviation exceeds a predefined threshold, an SLA violation may be identified (abstract; para. 0087). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Bader with the process of Dudar for the benefit of allow roaming SLA violation identified by comparing the SLA violation data with a predefined violation threshold.
Allowable Subject Matter
Claim 10-16, are allowable.
Claims 5-7, 19, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUTBUDDIN GHULAMALI whose telephone number is (571) 272-3014. The examiner can normally be reached 7:30am to 4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571 272 3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUTBUDDIN GHULAMALI/
Primary Examiner,
Art Unit 2632.