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)(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.
Claim(s) 1, 5, 9-10, 13, 16-17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shah, (USPGPUB 20190053185, (hereinafter Shah).
Regarding claim 1 Shah discloses a computer implemented method performed by an electronic device with a processor compromising:
("The device 202 can include processor(s)", Shah [0023])
” obtaining, using at least one processing device of an electronic device (Shah’s device 202), input (access mechanism) identifying a specified service offered by a mobile network operator that is not currently part of a service plan associated with the electronic device;”
(Device 202 "receiving, from a first service provider, a notification including an access mechanism for enabling access to service(s) offered by a second service provider… In an example, the access mechanism can be a hyperlink, a QR code, etc., as described above.", Shah [0068])
“generating, using the at least one processing device, a subscription message for the mobile network operator, the subscription message requesting the specified service from the mobile network operator;”
("Based on receiving input from the user, the access module 228 can determine registration information and generate a request based on the registration information." [0072], Figure 5 “Block 514 illustrates generating a request based on the registration information”. [0073], “the access module 228 can generate a request based on registration information. The request can include registration information and, … a profile type … associated with the request“, [0073])
“initiating, using the at least one processing device, transmission of the subscription message to the mobile network operator;”
(Figure 5 "Block 516 illustrates sending the request to the second service provider.", [0074])
“and obtaining (receiving), using the at least one processing device, a response to the subscription message (request), the response indicating that the electronic device has been subscribed to the specified service.”
("Block 518 illustrates receiving a new profile that is associated with the second service provider. Based at least in part on sending the request to the server(s) associated with the second service provider, the profile management module 230 can receive one or more data items that collectively represent the profile from the server(s) associated with the second service provider, as described below." [0075], " establishing a data session via the new profile." [0077], “As a result the device 110 can be provisioned with access to the one or more services offered by the alternative service provider (second service provider) 104.” [0018])
Regarding claim 5 limitations of parent claim 1 have been discussed above. Shah teaches “wherein obtaining the input (access mechanism) identifying the specified service comprises: obtaining, using the at least one processing device, a push notification from the mobile network operator, the push notification offering one or more subscriptions to one or more services offered by the mobile network operator that are not currently part of the service plan associated with the electronic device; “
("receiving, from a first service provider, a notification including an access mechanism for enabling access to service(s) offered by a second service provider… In at least one example, the notification can be… a push notification", [0068], the notification can be a message, an email, an in-application notification, a push notification, [0029])
“and receiving, using the at least one processing device, an identification of the specified service from among the one or more services from a user.”
(Figure 5 "Block 504 illustrates determining actuation of the access mechanism. In at least one example, the communication module 226 can determine actuation of the access mechanism." [0069], “based on the actuation of the access mechanism, the communication module 226 can download an application to enable the device 202 to access service(s) provided by the second service provider.", [0070])
Regarding claim 9 limitations of parent claim 1 have been discussed above. Claim 9 recites “wherein the one or more services comprise at least one of: a decrease in network latency associated with communication over a cellular network; an increase in network bandwidth associated with communication over the cellular network; an increase in network bandwidth associated with communication over the cellular network; a guarantee of specified network latency associated with a particular application executed by the electronic device; a guarantee of specified network bandwidth associated with the particular application executed by the electronic device; or an addition of a roaming feature to the service plan.”
The services compromising “at least one of” language requires anticipation of only a single listed service type. Shah teaches system and method wherein the one or more services comprise “an addition of a roaming feature to the service plan”
([0013]"the alternative service provider(s) can enable the consumer to use one or more services offered by the alternative service provider(s) while the consumer is outside of his or her home coverage area. As a result, the consumer can transmit data and/or use other services (e.g., voice and/or messaging services) offered by an alternative service provider, via the alternative service provider instead of the service provider with less inconvenience to the consumer." [0017]"The service provider 102 can receive a location update indicating a location of the device 110. In at least one example, the service provider 102 can determine that the device 110 is located outside of the home coverage area 106. Additionally, the service provider 102 can determine that, after the lapse of a predetermined period of time following receipt of the location update, the device 110 has not established a data connection. Accordingly, the service provider 102 can determine that a user operating the device 110 has turned off data capabilities and/or the device 110 is otherwise not transmitting (e.g., sending and/or receiving) data. Based on determining that the device 110 is not transmitting data, the service provider 102 can determine whether it has an established relationship with a service provider that provides services in the coverage area corresponding to the location of the device 110, i.e., the alternative service provider 104.")
Regarding claim 10, claim 10 reflects article of manufacture comprising computer executable instructions for implementing method in claim 1 and is rejected along the same rationale.
([0023]"The device 202 can include processor(s)… The processor(s) 220 can represent, for example, a central processing unit (CPU)-type processing unit, a graphics processing unit (GPU)-type processing unit, a Field-Programmable Gate Array (FPGA), another class of Digital Signal Processor (DSP), or other hardware logic components that can, in some instances, be driven by a CPU. ")
Regarding claim 13, Limitations of parent claim 10 have been discussed above. Claim 13 reflects article of manufacture comprising computer executable instructions for implementing method in claim 5 and is rejected along the same rationale.
Regarding claim 16, Limitations of parent claim 10 have been discussed above. Claim 16 reflects article of manufacture comprising computer executable instructions for implementing method in claim 9 and is rejected along the same rationale.
Regarding claim 17, claim 17 reflects article of manufacture comprising computer executable instructions for implementing method in claim 1 and is rejected along the same rationale.
([0023]"The device 202 can include processor(s) 220, computer-readable media 222, and radio hardware 224. "
[0024]"Depending on the exact configuration and type of the device 202, the computer-readable media 222, can include computer storage media and/or communication media."
[0026]"In at least one example, the computer storage media can include non-transitory computer-readable media. Non-transitory computer-readable media can include volatile and nonvolatile, removable and non-removable tangible, physical media implemented in technology for storage of information, such as computer readable instructions, data structures, program modules, or other data")
Regarding claim 19, Limitations of parent claim 17 have been discussed above. Claim 19 reflects article of manufacture comprising computer executable instructions for implementing method in claim 5 and is rejected along the same rationale.
Regarding claim 20, Limitations of parent claim 17 have been discussed above. Claim 20 reflects article of manufacture comprising computer executable instructions for implementing method in claim 9 and is rejected along the same rationale.
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.
Claims 2, 3, 11-12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shah in view of Kunjukrishman et al., U.S. Patent Pub. 20210357934 A1 (hereinafter Kunjukrishman).
Regarding claim 2 limitations of parent claim 1 have been discussed above. Kunjukrishman discloses a system and method
“wherein obtaining the input identifying the specified service comprises identifying, using the at least one processing device, the mobile network operator (mobile service provider) and the specified service based on an optical code.”
("the playback device 104 generates and displays an optical code …The optical code 134 may provide information about the requested digital content such as a content identifier of the content and the one-time fee or the cost of the upgrade to the subscription plan that includes the access to the requested content. Additionally, the optical code 134 may include information such as a duration that an upgrade offer is valid, an identifier of the upgrade offer… In some aspects, the optical code 134 may include user-specific information such as a user identifier of the user, an application identifier of the mobile service provider application, user account information, subscriber account information… The user device 102 may, in turn, scan the optical code 134 using the mobile service provider application 120, which may include optical code reading and decoding functionalities." [0033],"Upon scanning and decoding the optical code 134, the mobile service provider application 120 may analyze the information embedded in the optical code", [0034])
Accordingly, it would have been obvious to a person having of ordinary skill in the art before the effective filling date of the claimed invention to combine Kunjukrishman’s optical code identification technique into Shah’s mobile service subscription framework for the benefit of providing a convenient, user-initiated method of service identification, reducing manual data entry and streamlining the subscription process.
Regarding claim 3 limitations of parent claim 2 have been discussed above. Shah teaches system and method comprising one of
“when the mobile network operator is associated with a user account associated with a user of the electronic device, the subscription message causes the mobile network operator to associate the specified service with the user account;”
(" determine whether the SIM card 216 is associated with a profile corresponding to the second service provider. If the SIM card 216 is associated with a profile corresponding to the second service provider, the access module 228 can determine whether the profile is valid” [0071]. "Based at least in part on determining that the SIM card is associated with a valid profile, the access module 228 can access the previously downloaded profile, as illustrated in block 510""[0072]. "Device 202 can correspond to user equipment (UE), which can be operated by an account holder. The account holder can be an entity (e.g., person, company, etc.) that subscribes to services, such as telecommunication services, via a service plan." [0020])
“or when the mobile network operator is not associated with the user account, the method further comprises receiving an electronic subscriber identity module (eSIM) from the mobile network operator, the eSIM enabling the electronic device to receive the specified service from the mobile network operator.”
(Shah discloses in "FIG. 6 illustrates an example process 600, performed by a service provider (e.g., alternative service provider 104), for provisioning access associated with the service provider via eSIM profile management." [0078]. " 606 illustrates retrieving a profile that is associated with the second service provider that corresponds to the profile type"[0081]. "Block 608 illustrates sending the profile to the device to provision to the service(s) available via the second service provider." [0082])
Kunjukrishman also explicitly teaches
“when the mobile network operator is associated with a user account associated with a user of the electronic device, the subscription message causes the mobile network operator to associate the specified service with the user account”
("the user account for the subscription plan and the subscriber account to the cellular plan may be held by the same subscriber and user account, [0026]." "The content subscription manager 112 may upgrade the subscription plan that is associated with the user account or make the content accessible to the subscriber.” [0037])
Both Shah and Kunjukrishman are in the same field of endeavor, MNO service subscription field. Accordingly, it would have been obvious to a person having of ordinary skill in the art before the effective filling date of the claimed invention to combine Shah’s eSIM provisioning and subscription request with Kunjukrishman supplies the explicit existing account linking and service upgrade mechanism to produce a unified desirable system capable of handling both new and existing subscriber scenarios.
Regarding claim 11, Limitations of parent claim 10 have been discussed above. Claim 11 reflects article of manufacture comprising computer executable instructions for implementing method in claim 2 and is rejected along the same rationale.
Regarding claim 12, Limitations of parent claim 10 have been discussed above. Claim 12 reflects article of manufacture comprising computer executable instructions for implementing method in claim 3 and is rejected along the same rationale.
Regarding claim 18, Limitations of parent claim 17 have been discussed above. Claim 18 reflects article of manufacture comprising computer executable instructions for implementing method in claim 2 and is rejected along the same rationale.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shah in view of Kunjukrishman and further view of Marsico, U.S. Patent Pub. 20160203352 A1 (hereinafter Marsico).
Regarding claim 4 limitations of parent claim 2 have been discussed above. Marsico teaches system and method
“wherein the optical code comprises a QR code associated with an event (venue).”
("QR code that is displayed to and scanned by a user"[0051]. "the customer scans a first Q-Game square scan code (e.g., a QR code, NFC tag/code, RFID tag/code, Bluetooth tag/code, etc.) that has been placed at the entrance " This Q-Game service is triggered via the scanning of a Q-Game square service scan code by one or more users in a suitably provisioned/equipped queue or line. Exemplary use of Q-Game square service may involve a theme park, amusement park, concert venue, sporting event venue, a public transportation terminal, or any other venue or location" [0089])
Accordingly, it would have been obvious to a person having of ordinary skill in the art before the effective filling date of the claimed invention to combine Marsico with Shah and Kunjukrishman to encode service subscriptions information in a QR code on a vendor ticket to facilitate convenient subscription of venues where cellular congestion commonly prompts the need for network service add-ons, with a reasonable expectation of success.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable Shah in view of Li et al., U.S. Patent Pub. 20210400479 A1 (hereinafter Li).
Regarding claim 6 limitations of parent claim 5 have been discussed above. Li teaches
“after receiving the push notification and before receiving the identification of the specified service: initiating, using the at least one processing device, transmission of a request for information to the mobile network operator;”
(FIG 4 steps 414, 416, 418,420 "The push notification server 304 can subsequently send a push notification message, at 414, to the secondary mobile wireless device 102B indicating availability of a reserved eSIM 208 ready for provisioning" This is a push notification from network infrastructure about an available service. "416, the secondary mobile wireless device 102B can send a message, e.g., a check available options message, to the eSIM discovery server 306 to obtain information about the eSIM 208 reserved for the secondary mobile wireless device 102B" [0029]. “The primary mobile wireless device 102A and the secondary mobile wireless device 102B can also communicate with an MNO provisioning server” [0028])
“obtaining, using the at least one processing device, a response to the request for information containing information associated with the one or more services;”
("The eSIM discovery server 306 can respond to the message from the secondary mobile wireless device 102B with information regarding the reserved eSIM 208, such as a network address…the MNO provisioning server 116 from which to obtain the eSIM 208, and an identifier for the eSIM 208” [0029]. “The primary and secondary mobile wireless devices 102A, 102B can also communicate with additional network-based servers not explicitly shown in FIG. 3, such as for management of cellular services provided by MNOs 114 based on eSIMs 208” [0028])
“and initiating, using the at least one processing device, display of at least some of the information associated with the one or more services.”
("the primary mobile wireless device 012A can obtain an additional authorization from the primary user 402A" [0029]. The user provides authorization to proceed. "the computing device 900 can include a display 910 that can be controlled by the processor 902 to display information to the user" [0041]. ”can be included in the mobile wireless device 102, the primary mobile wireless device 102A, and/or the secondary mobile wireless device 102B.” [0041])
Shahs and Li’s disclosures operate in the same field of endeavor eSIM provisioning for cellular services. Accordingly, it would have been obvious to a person having of ordinary skill in the art before the effective filling date of the claimed invention to recognize that inserting known technique of Li's information request/response/ display step to Shah's push notification and subscription would yield predictable results.
Regarding claim 14, Limitations of parent claim 10 have been discussed above. Claim 14 reflects article of manufacture comprising computer executable instructions for implementing method in claim 6 and is rejected along the same rationale.
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable Shah in view of Li and further view of Kunjukrishman.
Regarding claim 7 limitations of parent claim 6 have been discussed above. Kunjukrishman discloses
“after initiating transmission of the subscription message and before obtaining the response to the subscription message: receiving, from the mobile network operator, a redirect to a web portal associated with the specified service;”
(Redirects to a web portal: "the optical code 134 may include a uniform resource locator (URL) or a link to a payment portal." [0036]. Fig 5, block 506 of Kunjukrishman states "Decipher the optical code to access a payment portal at the user device" This teaches a redirect to a payment portal.)
“initiating, using the at least one processing device, display of a webpage associated with the web portal (payment portal);”
(Kunjukrishman discloses Display of a webpage: " the mobile service provider application 120 may analyze the information embedded in the optical code 124 to direct a subscriber to a payment portal" [0034]. “The payment portal may be provided on a website or a web application.” [0073])
“and allowing, using the at least one processing device, the user to add the specified service to the service plan”
(“the user device 200 to perform operations related to upgrading, downgrading, or canceling the cellular plan. The account manager 214 may also add or remove additional devices or users registered under the subscriber account.” [0045]. "Once the payment transaction is completed, the application server 116 notifies the content subscription manager 112 that the premium content or the upgrade is purchased. In turn, the content subscription manager 112 may upgrade the subscription plan that is associated with the user account or make the content accessible to the subscriber" [0037]. The user receives access to the premium content via the user account "At block 510, the user device may submit a payment for the premium content using billing information that is associated with the subscriber account via the payment portal” [0073].)
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine Kunjukrishnan with Shah and Li For the benefit of automatically redirecting a user to a web portal such that no additional input by the user is required.
Regarding claim 15, Limitations of parent claim 10 have been discussed above. Claim 15 reflects article of manufacture comprising computer executable instructions for implementing method in claim 7 and is rejected along the same rationale.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shah in view of Graham et al., U.S. Patent Pub. 20180260876 A1 (hereinafter Graham).
Regarding claim 8 limitations of parent claim 5 have been discussed above. Graham teaches system and method
“wherein the one or more subscriptions to the one or more services are identified using a machine learning model.”
(“machine learning component to algorithmically identify potential new products or services of interest to the user." [0056].)
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine Shah’s telecom subscription architecture with Graham’s ML service identification engine. Graham explicitly includes services as identifiable products and runs on mobile devices (“may be implemented as a …mobile computing device” [0018]) making the field transfer obvious.
Conclusion
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/F.O.M./ Examiner, Art Unit 2646
/JEANETTE J PARKER/ Supervisory Patent Examiner, Art Unit 2646
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