DETAILED ACTION
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, 6, 11-13, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2021/0,297,941; hereinafter Brown) in view of Tilanus et al (WO 9,901,975; hereinafter Tilanus).
Regarding claims 1, 11, and 20, Brown disclose a system and method comprising: at least one physical computing processor of a computing device (processor; ¶ [0032]); and a non-transitory computer-readable medium that has instructions stored thereon that, when executed by the at least one physical computing processor, cause the computing device to perform operations (a computer-readable storage medium comprising instructions that, when executed by a processor associated with a telecommunications network, causes the telecommunication network to perform the aforementioned method; paras. [0029]-[0031]), comprising: detecting, by a mobile virtual network operator, that an improvement in mobile telecommunication service would result from the mobile virtual network operator performing a network switch by porting a phone number of a client of the mobile virtual network operator from a source network infrastructure of a source mobile network operator that is serving the client for the mobile virtual network operator to a target network infrastructure of a target mobile network operator that is serving clients for the mobile virtual network operator (the mobile virtual network operator identifies a improved mobile network operator that is serving clients for the mobile virtual network operator having improved network characteristic(s) compared to the default/source mobile network operator; paras. [0007], [0009], [0057], [0059], [0067]); and
initiating proactively, by the mobile virtual network operator in response to detecting that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch, the network switch from the source network infrastructure of the source mobile network operator that is serving the client for the mobile virtual network operator to the target network infrastructure of the target mobile network operator that is serving clients for the mobile virtual network operator (selecting the improved virtual mobile network operator based on the identified improved network characteristics and/or MNO selection rules and switching from the default mobile network operator to the improved virtual mobile network operator through which to continue to route the network communication; paras. [0007], [0009], [0075]-[0076], [0096], [0103]; Figs. 6-8). Brown do not explicitly disclose by porting a phone number of a client of the mobile virtual network operator from a source network infrastructure of a source mobile network operator that is serving the client for the mobile virtual network operator to a target network infrastructure of a target mobile network operator. In the same field of endeavor, Tilanus disclose porting a phone number of a client of the mobile virtual network operator from a source network infrastructure of a source mobile network operator that is serving the client for the mobile virtual network operator to a target network infrastructure of a target mobile network operator (number portability procedure for carrying over the same telephone number when a user of a terminal switches to a second network; abstract; pg. 1, lines 1 – pg. 12, line 1, Fig. 4). 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 continuous connectivity and permanent reachability for the user of the terminal during the network switch from the first network to the second network (Tilanus; abstract).
Regarding claim 2 and 12, Brown and Tilanus disclose the method and system of claim 1 and 11 respectively, wherein detecting, by the mobile virtual network operator, that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch comprises the mobile virtual network operator detecting a deficiency in service provided by the mobile virtual network operator to the client through the source network infrastructure of the source mobile network operator (Fig. 3b shows an exemplary dataset relating to available network services 320 for each available MNO 120, the dataset 320 includes a list of services 330 and flags as to whether or not each available MNO supports a given network service 330, further examples of network characteristics relating to available services for populating within the dataset 310, include status flags regarding the availability of: mobile telecommunications standards; network functions, such as network slicing, the available types of network slices and Voice Over Wi-Fi™; encryption including types, and security features more generally; specific codecs; and services that define a quality of service e.g. ultra-reliable, low latency communication, the datasets relating to network performance 310 and available services 320 are used to determine the improved MNO, Brown; paras. [0058]-[0062]).
Regarding claim 3 and 13, Brown and Tilanus disclose the method and system of claim 1 and 11 respectively, wherein detecting, by a mobile virtual network operator, that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch comprises detecting that the target mobile network operator would provide a higher score in terms of resource performance than a lower score provided by the source mobile network operator (further examples of network performance parameters for populating within the dataset 310 and for use in identifying the improved MNO, include metrics and/or status flags regarding: jitter; bandwidth; throughput; wireless signal strength; and radiofrequency spectrum characteristics, the datasets relating to network performance 310 and/or available services 320 are used to determine the improved MNO, where a plurality of network characteristics are used to determine the improved MNO, the network parameters are ranked in order of, and/or weighted according to, importance; Brown, paras. [0057], [0062]).
Regarding claim 6 and 16, Brown and Tilanus disclose the method and system of claim 3 and 13 respectively, wherein detecting that the target mobile network operator would provide the higher score comprises determining that the target mobile network operator would improve mobile telecommunication speed, connectivity, coverage, or bandwidth in comparison to the source mobile network operator (further examples of network performance parameters for populating within the dataset 310 and for use in identifying the improved MNO, include metrics and/or status flags regarding: jitter; bandwidth; throughput; wireless signal strength; and radiofrequency spectrum characteristics; Brown, paras. [0057], [0059]-[0060]).
Claims 7-8, 10, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2021/0,297,941; hereinafter Brown) in view of Tilanus et al (WO 9,901,975; hereinafter Tilanus) further in view of Kojima et al (US 2021/0,195,392; hereinafter Kojima).
Regarding claim 7 and 17, Brown and Tilanus disclose the method and system of claim 1 and 11 respectively, wherein: they do not disclose the network switch to the target mobile network operator uses a consumer electronic subscriber identity module; and initiating proactively, by the mobile virtual network operator in response to detecting that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch, the network switch comprises the mobile virtual network operator prompting the client to accept the consumer electronic subscriber identity module. In the same field of endeavor, Kojima disclose network operator uses a SIM that may be an electronic SIM (eSIM) in software form, the eSIM is lent by the mobile virtual network operator to the subscriber to accept the eSIM provided to perform wireless communications by connecting to a wireless communication network provided by a selected mobile network operator or communication carrier during network switching; paras. [0027]-[0032]). 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 identify a subscriber using a unique identification code, e.g. ISMI, for authentication purposes when the subscriber switches to another network.
Regarding claim 8 and 18, Brown and Tilanus disclose the method and system of claim 1 and 11 respectively, wherein they do not disclose the network switch to the target mobile network operator uses a physical subscriber identity module card for the target mobile network operator; and the mobile virtual network operator facilitates provisioning the physical subscriber identity module card to a device of the client as part of completing the network switch. In the same field of endeavor, Kojima disclose the network operator uses a SIM may be a physical SIM card lent or provided by the mobile virtual network operator to the subscriber to be inserted in a slot of the mobile device to connect to a wireless communication network during network switching from one mobile network operator or communication carrier to another; paras. [0027]-[0032]). 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 identify a subscriber using a unique identification code, e.g. ISMI, for authentication purposes when the subscriber switches to another network.
Regarding claim 10, Brown and Tilanus disclose the method of claim 1, initiating proactively, by the mobile virtual network operator in response to detecting that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch (Brown; paras. [0007], [0009], [0075]-[0076], [0096], [0103]; Figs. 6-8). Brown and Tilanus do not disclose the network switch to the target mobile network operator uses a physical subscriber identity module card for the target mobile network operator and the network switch comprises the mobile virtual network operator facilitating provisioning the physical subscriber identity module card to a device of the client as part of completing the network switch. In the same field of endeavor, Kojima disclose the SIM may be a physical SIM card lent or provided by the mobile virtual network operator to the subscriber to be inserted in a slot of the mobile device to connect to a wireless communication network during network switching from one mobile network operator or communication carrier to another based on the selected mobile network operator or selected communication carrier that show an improved communication quality, e.g. data communication speed, packet error rate, disconnection frequency, time to connect, and signal response time; paras. [0027]-[0032]). 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 identify a subscriber using a unique identification code, e.g. ISMI, for authentication and security purposes when the subscriber switches to another network with the improved communication service.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2021/0,297,941) in view of Tilanus et al (WO 9,901,975) in view of Kojima et al (US 2021/0,195,392) further in view of Horn et al (US 2009/0,191,857; hereinafter Horn).
Regarding claim 9 and 19, Brown and Tilanus disclose the method and system of claim 1 and 11 respectively, initiating proactively, by the mobile virtual network operator in response to detecting that the improvement in mobile telecommunication service would result from the mobile virtual network operator performing the network switch, the network switch comprises the mobile virtual network operator performing the network switch in a manner that is invisible to the client (performing the network switch seamlessly without any service interruption known or visible to the user and the user remain permanently and continuously reachable during the telephone number portability procedure; Brown, paras. [0075]-[0076], [0096], [0103]; Figs. 6-8; Tilanus, abstract). Brown and Tilanus do not disclose the network switch to the target mobile network operator uses an electronic subscriber identity module for the target mobile network operator. In the same field of endeavor, Kojima disclose the network switch to the target mobile network operator uses an electronic SIM in software form, the electronic SIM is configured to perform wireless communications by connecting to a wireless communication network provided by a selected mobile network operator or communication carrier showing improved communication quality of service during network switching; paras. [0027]-[0032]). 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 identify a subscriber using a unique identification code, e.g. ISMI, for authentication purposes when the subscriber switches to another network. Brown, Tilanus, and Kojima do not specifically disclose a machine to machine electronic subscriber identity module. In related art, Horn disclose a machine to machine electronic subscriber identity module (¶ [0030]). 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 securely and remotely updating an eSIM with authentication and key agreement parameters and move the subscription of an M2M terminal from one operator to another, without causing the costs involved with a manual update (Horn, ¶ [0036]).
Claims 4-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2021/0,297,941; hereinafter Brown) in view of Tilanus et al (WO 9,901,975; hereinafter Tilanus) further in view of Ohno (US 2024/0,040,497).
Regarding claim 4 and 14, Brown and Tilanus disclose the method and system of claim 3 and 13 respectively, wherein detecting that the target mobile network operator would provide the higher score comprises determining that the target mobile network operator would satisfy a service level agreement at a lower cost to the mobile virtual network operator than the source mobile network operator would (the MNO-selection rules comprise rules for selecting a MNO that do not relate to network characteristics, instead, e.g., the MNO selection rules relate to agreements between MNOs that are available to act as improved MNOs; Brown, para. [0076]). Brown and Tilanus do not disclose determining the target mobile target network operator would satisfy the agreement at a lower cost. In the same field of endeavor, Ohno disclose determining the target mobile target network operator has a lower cost (para. [0072]). 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 select an optimum mobile network operator in consideration of the cheapest cost of the mobile network operator (Ohno; paras. [0005], [0071]).
Regarding claim 5 and 15, Brown and Tilanus disclose the method and system of claim 3 and 13 respectively, wherein detecting that the target mobile network operator would provide the higher score comprises determining that the target mobile network operator would satisfy a service level agreement at a lower cost to the client than the source mobile network operator would (the MNO selection rules comprise rules for selecting a MNO that do not relate to network characteristics, instead, e.g., the MNO selection rules relate to agreements between MNOs that are available to act as improved MNOs; Brown, para. [0076]). Brown and Tilanus do not disclose determining the target mobile target network operator would satisfy the agreement at a lower cost. In the same field of endeavor, Ohno disclose determining the target mobile target network operator has a lower cost (para. [0072]). 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 select an optimum mobile network operator in consideration of the cheapest communication cost to the user of the mobile device (Ohno; paras. [0005], [0071]).
Conclusion
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/LANA N LE/Primary Examiner, Art Unit 2648