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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2023 has been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 8 and 15, each independent claim recites “prioritizing, for the device, access to the network based on the request in accordance with a resource allocation policy comprising a plurality of access levels associated with a plurality of EPCS groups”. However, it is unclear whether the device is referring to the network device or other device because each independent claim merely recites the network device. For the same reasons, claims 2-7, 9-14 and 16-20 are also rejected because of depending on claims 1, 8 and 15, respectively, containing the same deficiency.
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.
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.
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.
Claims 1-5, 7-12, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over He (US 2012/0044938 A1, hereinafter He) in view of Kwok et al. (US 2018/0192264 A1, hereinafter Kwok) further in view of Martin et al. (US 2020/0288295 A1, hereinafter Martin).
Regarding claim 1, He discloses a method for enabling Emergency Preparedness Communications Service (EPCS) in a network ([0002] a method for handling emergency services in network communication), prioritizing, for the device, access to the network based on the request in accordance with a resource allocation policy comprising a plurality of access levels associated with a plurality of EPCS groups ([0019] and [Claim 1] The network may allocate a resource to the emergency service with a higher priority than those of normal services. The priority level or grouping is determined via the Policy Decision Function/Bearer Control Function (PDF/BCF) element of the network side, [0028] said predetermined rule by the Decision Function/Bearer Control Function may include: [0029] configurations based on at least one of priority information of service and information of service type. [0055] In Block 29, an existing session may be released and may be allocated to a higher priority event, such as an emergency service connection, i.e. showing multiple priority levels exist); allocating one or more network resources in accordance with the resource allocation policy to the network device ([0048] and [Figure 2] the PDF/BCF element may allocate resources to the emergency service [0044] upon receipt of the request message having an emergency service identifier, and thus needs to be handled in accordance with a procedure for emergency service (Block 23), [0055] in compliance with predetermined rules, i.e. allocation policies), wherein the one or more network resources are configured to modify a set of attributes of the network device to grant the network device with an increased priority related to the emergency event ([Claim 1] the network may allocate a resource to an emergency service with a priority higher than those of normal services, i.e. the network resources may be configured to have attributes, such as priority levels, that may be modified, and [0050] corresponding policy information may be issued to a bearer transmission function such that a set of attributes of the network device grant the network device to be modified related to the emergency event); and transmitting a message to the network device to indicate authorization for the network device to establish a connection with the network according to the increased priority ([0050] a response message indicating authorization for connection with increased priority may be returned, (Block 26)).
He differs from the claimed invention in not specifically teaching receiving a request from a network device to establish a connection to the network, wherein the request indicates an occurrence of an emergency event and at least one user equipment associated with the emergency event. However, Kwok teaches [abstract] providing access to private or restricted access points to facilitate emergency calls and receiving a request from a network device to establish a connection to the network ([Figure 5, operation 502] receiving a request originated from a UE, being received by an access point, access point read as network device), wherein the request indicates an occurrence of an emergency event and at least one user equipment associated with the emergency event ([0012] an indication that the request is directed to an emergency (e.g., a flag, token, or field indicating an emergency) and [0058] operation 502 can include receiving a request from a user equipment).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify He to include receiving a request from a network device to establish a connection to the network, wherein the request indicates an occurrence of an emergency event and at least one user equipment associated with the emergency event, as taught in Kwok, in order to [0011] improve user access to emergency resources and [claim 7] enable the user equipment to conduct the emergency call.
The combination of He and Kwok differ from the claimed invention and do not specifically teach a plurality of access levels associated with a plurality of EPCS groups portion of the element. However, Martin teaches a method for [abstract] receiving a multitude of emergency calls and determining emergency dispatch rules for each correlated event based on event type and (assigning and determining each emergency event with [0045] a priority score, i.e. priority levels, and [0065 and 0078] access levels. [0078] further explains the access levels are associated with a plurality of EPCS groups).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of He and Kwok to include a plurality of access levels associated with a plurality of EPCS groups, as taught in Martin, in order to help improve the abilities to [0079] enable emergency responders to arrive at the scene of an emergency faster, be better prepared for the emergencies they face, and allow emergency network personnel to better prioritize dispatch operations.
Regarding claim 2, He discloses the resource allocation policy further comprises defining access levels ([0045] as illustrated in FIG. 3, the session may require that PDF/BCF elements at different access levels perform a resource allocation, i.e. defined access levels), each access level being based on at least a type of emergency event and a location of the emergency event ([0061] Service levels may be varied and may not be limited to the “normal” and “emergency” levels and [0029] the configurations for the levels are based on priority information of service and information of service type, i.e. access levels exist, are not limited, and may be based on type of emergency event).
He differs from the claimed invention in not specifically teaching the location of the emergency event may be used to determine each access level. However, Kwok teaches [0041] and [0051] the reporting module may request the UE to provide the location of the call in addition to other information, for [0063] attempting to establish an emergency call to a public-safety answering point (PSAP).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify He to include using the location of the emergency event, as taught by Kwok, as a metric for determining access levels in order to [0011] improve user access to emergency resources and [claim 7] enable the user equipment to conduct the emergency call.
In addition to the combination of He and Kwok teaching the limitations listed in the claim, Martin further teaches defining access levels (assigning and determining each emergency event with [0045] a priority score, i.e. priority levels, and [0065 and 0078] access levels), and each access level being based on at least a type of emergency event and a location of the emergency event ([0065] the access levels may be based on the locations associated with said emergency event).
Regarding claim 3, He teaches the resource allocation policy further comprises defining access levels based on one or more priority levels for a number of user equipment associated with the emergency event ([0045] as illustrated in FIG. 3, the session may require that PDF/BCF elements at different access levels perform a resource allocation, i.e. defined access levels associated with an emergency event which may be based on [0017-0018 and 0028-0029] identification information and/or predetermined rules which include information service type, i.e. a number of user equipment associated with an emergency event).
In addition to He teaching the limitations listed above in the claim, Martin further teaches defining access levels and priority levels for a number of user equipment associated with the emergency event (assigning and determining each emergency event with [0045] a priority score, i.e. priority levels, and [0065 and 0078] access levels, associated with a number of UE devices as shown in FIG. 1).
He differs from the claimed invention in not specifically teaching a maximum medium time associated with each of the one or more priority levels. However, Kwok teaches [0028] access levels based on emergency events and further teaches ([0032] the bandwidth module 206 may allocate a minimum (or maximum) portion of bandwidth to a user equipment requesting access for an emergency call. The bandwidth module 206 may guarantee a minimum level of QoS (Quality of Service), reflecting a particular bandwidth, latency, number of dropped packets, time, etc. associated with the communication, i.e. a maximum medium time associated with priority levels of an emergency resources request).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify He to include allocating a medium time associated with each of the priority levels, as taught by Kwok, in order to improve user access to emergency resources by having a maximum medium time and [0041] to increase a probability of connecting an emergency call and to increase a probability that the connection will be successful, therefore improving QoS.
Regarding claim 4, He teaches identifying an increase in a priority related to the emergency event ([0044] upon receipt of the message from the emergency event, the PDF/BCF element may determine that the service session is an emergency service session according to the emergency service identifier, and thus needs to be handled in accordance with a procedure for emergency service, and be assigned a higher priority (Block 23)); and in response to the identifying, updating the resource allocation policy to include access to the EPCS in the network for the at least one user equipment ([0048] upon receipt of a resource request for an emergency service from the AF element, the PDF/BCF element may allocate to the emergency service an end-to-end resource (Block 24), i.e. updating the resource allocation policy to include access for the EPCS in the network).
He differs from the claimed invention in not specifically teaching monitoring utilization of the allocated network resources by the network device to identify compliance of the network device with the resource allocation policy. However, Kwok teaches ([0062] the operation 510 may include establishing a filter or firewall to monitor traffic associated with the user equipment to ensure it is not using unauthorized communications and is in compliance with the network resource allocation policy, i.e. the ability to continuously monitor allocated network resources’ traffic to ensure compliance of UEs via the preexisting filter or firewall).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify He to include monitoring utilization of the allocated network resources by the network device to identify compliance of the network device with the resource allocation policy, as taught by Kwok, to ensure allocated network resources’ traffic is in fact directed to an emergency, and [0011] improve user access to emergency resources and [claim 7] enable the user equipment to conduct the emergency call.
Regarding claim 5, He discloses the message transmitted to the network device includes instructions for establishing a secure and prioritized connection to the network in accordance with the resource allocation policy and the increased priority related to the emergency event ([Figure 3], [Figure 2, block 26] and [0050] a response message may be returned, and corresponding policy information may be issued if original allocation is unsuccessful due to policy information, i.e. instructions for connection to the network in accordance with the resource allocation policy and increased priority may be obtained if the first request for resource allocation is (failure) and not read as (success) as shown in figure 3).
Regarding claim 7, He discloses receiving a traffic specification indicator from the network device indicating one or more Quality of Service (QoS) requirements for an application flow related to the emergency event ([0036] a Policy Decision Function includes implementing a service-based local policy control, with an end-to-end QoS architecture, and providing a dynamic QoS control, which includes [Figure 3] and [Figure 2, block 26] a result message which may include additional QoS requirement information in response to [0041] the original resource request message relating to an emergency event); analyzing the traffic specification indicator to identify a request to indicate priority for the application flow ([0041] a resource request message carrying an emergency service identifier, (i.e. a request traffic specification indicator indicates a priority for the application flow,) may be sent to the PDF/PCF, which may include a QoS architecture (Block 22)); and processing the request at the network based on the authorization in accordance with the resource allocation policy [0048] and [Figure 2] the PDF/BCF element may allocate resources to the emergency service [0055] in compliance with predetermined rules, i.e. allocation policies), wherein the network accepts or rejects the request based on a priority level of the emergency event and availability of the one or more network resources at the network ([0051] and [0054] the Blocks 24 and 27 may be implemented in correct or reverse order, i.e. correct order is accepting the request of an emergency event and possibly removing, removing read as rejecting, another device based on a lower priority if resources are insufficient).
Regarding claim 8, the claimed limitations of claim are rejected as the same reasons as set forth in claim 2, further in view of He differing from the claimed invention by not specifically teaching a network controller configured to enable Emergency Preparedness Communications Service (EPCS) in a network, comprising: one or more memories having computer-readable instructions stored therein; and one or more processors configured to execute the computer-readable instructions. However, Kwok teaches a method for connecting users to emergency networks and ([Figure 2] an access point, functioning as a network controller, which includes [Figure 2, 202] memory having computer-readable instructions stored therein, and [Figure 2, 208] processors configured to execute said instructions).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify He to include a network controller configured to enable Emergency Preparedness Communications Service (EPCS) in a network, comprising: one or more memories having computer-readable instructions stored therein and one or more processors configured to execute the computer-readable instructions, as taught by Kwok, in order to [0011] improve user access to emergency resources and [claim 7] enable the user equipment to conduct the emergency call.
Regarding claim 9, the claimed limitations of claim are rejected as the same reasons as set forth in claim 2.
Regarding claim 10, the claimed limitations of claim are rejected as the same reasons as set forth in claim 3.
Regarding claim 11, the claimed limitations of claim are rejected as the same reasons as set forth in claim 4.
Regarding claim 12, the claimed limitations of claim are rejected as the same reasons as set forth in claim 5.
Regarding claim 14, the claimed limitations of claim are rejected as the same reasons as set forth in claim 7.
Clam 15 recites the similar claimed limitations as recited in claim 1, except claim 15 is directed to one or more non-transitory computer-readable medium. However, it is notoriously well known in the art of implementing the method of claim 1 by one or more non-transitory computer-readable medium. Thus, the claimed limitations of claim 15 are rejected as the same reasons as set forth in claim 2.
Regarding claim 16, the claimed limitations of claim are rejected as the same reasons as set forth in claim 2.
Regarding claim 17, the claimed limitations of claim are rejected as the same reasons as set forth in claim 3.
Regarding claim 18, the claimed limitations of claim are rejected as the same reasons as set forth in claim 4.
Regarding claim 19, the claimed limitations of claim are rejected as the same reasons as set forth in claim 5.
Claims 6, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable by He (US 2012/0044938 A1), Kwok et al. (US 2018/0192264 A1, hereinafter Kwok) and Martin et al. (US 2020/0288295 A1, hereinafter Martin) as applied to claims above, and further in view of Stammers et al. (US 11540202 B2, hereinafter Stammers.)
Regarding claim 6, He discloses receiving configuration information from an access network, wherein the configuration information specifies a limitation of emergency service to at least one EPCS group of the plurality of EPCS groups ([0041] the service resource request message carrying an emergency service identifier may be sent to the PDF/PCF (Block 22), i.e. the message contains configuration information from the access network specifying a limitation of emergency service); configuring the allocation of network resources to the network device based on the received configuration information in accordance with the resource allocation policy ([0048] and [Figure 2] the PDF/BCF element may allocate resources to the emergency service [0055] in compliance with predetermined rules, i.e. allocation policies);
The combination of He, Kwok and Martin differs from the claimed invention in not specifically teaching the limitation is specified via one or more bits in a Roaming Consortium Organization Identifier (RCOI). However, Stammers teaches a technique for connecting UEs to a network environment for resources, and the UEs must have a ([30] and [68] UE Wi-Fi profile which includes a federated Roaming Consortium Organization Identifier (RCOI), which enables the UE 110 to gain access to networks).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of He, Kwok and Martin to include a Roaming Consortium Organization Identifier (RCOI) in the specification bits, as taught by Stammers, in order to improve emergency communication by [30] improving capabilities of the UE to gain access to the network resources.
Regarding claim 13, the claimed limitations of claim are rejected as the same reasons as set forth in claim 6.
Regarding claim 20, the claimed limitations of claim are rejected as the same reasons as set forth in claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ansley, Carol Jeanette (2023). Systems and methods for priority emergency messages over wi-fi (US 2023/0142570 A1). Filed 2022-11-03. Discloses priority emergency messages over networks. (Abstract)
Mckibben, Bernard et al. (2019). System for prioritizing emergency services within a self organizing network (US 2019/0297666 A1). Filed 2019-06-14. Discloses prioritizing communication resources to emergency services. (Abstract)
Clancy, Thomas Charles et al. (2017). System and method for network sharing between public safety users and commercial users (US 2017/0085348 A1). Filed 2016-12-07. Discloses sharing public safety network resources between public safety devices and commercial devices. (Abstract)
Lambert, Steven J. et al. (2011). Method and apparatus for reserving resources for emergency services in a wireless communication system (US 2011/0053553 A1). Filed 2010-07-20. Discloses determining the scope of a priority service in a communication system and reserving resources in the communication system based on the determined scope of the priority service. (Abstract)
Park, Jung-Shin et al. (2014). Method and apparatus for providing emergency communication service in a wireless communication system (US 8838063 B2). Filed 2012-02-15. Discloses providing emergency communication in a wireless communication network. (Figure 1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES DWYER whose telephone number is (571)272-5121. The examiner can normally be reached M-Th 6:15 a.m.- 5:30 p.m. EST.
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/MATTHEW JAMES DWYER/Examiner, Art Unit 2649
/GEORGE ENG/Supervisory Patent Examiner, Art Unit 2699