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 .
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.
This Office Action is response to the preliminary amendment filed on 06/10/24
Claims 1-30 are pending.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 07/21/26, 06/10/24 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 21 is rejected under 35 U.S.C. 101 because the claim claims machine readable storage medium. However, the specification does not clearly define the type of the machine readable storage medium. Therefore, the medium could be included the use of carrier waves and/or signal. In order to overcome the 101 issue, the Examiner suggests the Applicant amend claims 21-30 to recite a non-transitory machine readable storage medium.
Claims 22-30 are also rejected because the claims are dependent directly or indirectly on claim 21.
Claim Rejections - 35 USC § 102
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 1-2, 4-7, 9, 11-12, 14-17, 19, 21-22, 24-27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumien et al. (U.S. 20220312181).
For claim 1, Sumien et al. disclose a method for wireless connectivity for a mobile device, comprising:
detecting, at an agent on the mobile device, an on-board connection availability for an on-board public network associated with a service set identifier (SSID) from an access point on-board a vehicle (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The WAP is configured to transmit a beacon indicating Hotspot capability and identifying an open service set identifier (SSID), establish a connection with a first passenger electronic device (PED) carried onboard a vehicle responsive to communications received from the first PED using the open SSID, and provide a list of mobile network operators (MNOs) to the first PED. The PED is redirected 208 to a portal for data connectivity. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).);
identifying, at the agent on the mobile device, an on-board service availability that is active for the on-board public network (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The WAP is configured to transmit a beacon indicating Hotspot capability and identifying an open service set identifier (SSID), establish a connection with a first passenger electronic device (PED) carried onboard a vehicle responsive to communications received from the first PED using the open SSID, and provide a list of mobile network operators (MNOs) to the first PED. The PED is redirected 208 to a portal for data connectivity. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).);
enabling, at the mobile device, a notification regarding connecting to the on- board public network based in part on the on-board connection availability and the on-board service availability that is active (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The WAP is configured to transmit a beacon indicating Hotspot capability and identifying an open service set identifier (SSID), establish a connection with a first passenger electronic device (PED) carried onboard a vehicle responsive to communications received from the first PED using the open SSID, and provide a list of mobile network operators (MNOs) to the first PED. The PED is redirected 208 to a portal for data connectivity. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).); and
enabling, at the mobile device, a connection to the on-board public network using the access point (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. When the user is determined 230 to have purchased a data connectivity plan with billing by the operator associated with the airline, the cabin network operates 232 to provide data connectivity service to the PED, which can include sending and receiving calls and texts over IPSec tunnel, and Internet access through the aircraft Internet connectivity (e.g., SATCOM link). In contrast, when the user is determined 230 to have purchase of a data connectivity plan with billing through the cellular service provider (MNO) associated with the PED, the cabin network can operate 234 to provide service to the PED for sending and receiving calls and texts over IPSec tunnel, and Internet access through the aircraft Internet connectivity (e.g., SATCOM link) with charging to the cellular service provider (MNO).)
For claim 2, Sumien et al. disclose the method claim 1, further comprising: switching, at the mobile device, from an off-board public network connection to an on-board public network connection based in part on the on-board connection availability and an on-board service availability (at least [0033]. The user's PED enters 200 a Wi-Fi access point (WAP), which is illustrated as an “AP”, coverage area in the aircraft. The WAP determines 202 whether the in-flight roam (also called InFlytRoam) service is enabled and the user's PED supports Hotspot 2.0. If so, the WAP attempts to authenticate 204 the PED when it joins 203 the network such as using a hidden SSID (e.g., hidden hotspot 2.0 passport SSID).)
For claim 4, Sumien et al. disclose the method claim 1, further comprising: determining, at the mobile device, the on-board service availability or the on- board connection availability based in part on one or more of: a wireless access point (WAP) geolocation, a WAP altitude, a WAP velocity, an on-board public network signal strength, a vehicle door status, vehicle boarding data, or vehicle check-in data (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The WAP is configured to transmit a beacon indicating Hotspot capability and identifying an open service set identifier (SSID).)
For claim 5, Sumien et al. disclose the method claim 1, further comprising: querying, at the mobile device, the on-board service availability for the on- board public network connection from a cloud-computing environment (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).)
For claim 6, Sumien et al. disclose the method claim 1, further comprising: bypassing, at the mobile device, a network connection assistant prompt associated with the on-board public network based in part on no on-board service availability; er and authenticating, at the mobile device, a network connection assistant associated with the on-board public network based in part on the on-board connection availability and the on-board service availability (at least Fig. 1, [0006], [0033]-[0036], [0042], [0147] and [0153]. the user's PED enters 200 a Wi-Fi access point (WAP), which is illustrated as an “AP”, coverage area in the aircraft. The WAP determines 202 whether the in-flight roam (also called InFlytRoam) service is enabled and the user's PED supports Hotspot 2.0. If so, the WAP attempts to authenticate 204 the PED when it joins 203 the network such as using a hidden SSID (e.g., hidden hotspot 2.0 passport SSID).)
For claim 7, Sumien et al. disclose the method claim 1, further comprising: enabling, at the mobile device, the notification regarding connecting to the on- board public network by displaying, at the mobile device, an availability notification on the mobile device that the on-board public network connection is available (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).)
For claim 9, Sumien et al. disclose the method claim 1, wherein the notification is a local mobile device notification (at least Fig. 1, [0006], [0035]-[0036], [0042], [0147] and [0153]. The portal can display on the PED multiple user plans for data connectivity while inflight and query the user to purchase (authorize) one of the displayed plans. For example, one of the display plans can be to: 1) obtain data connectivity with billing serviced through an operator associated with the airline (e.g., pay a fixed price or tiered price for access during flight); and 2) obtain data connectivity with billing serviced through the cellular service provider (mobile network operator (MNO)) associated with the PED (e.g., provided access with pricing according to existing roaming agreement with MNO).)
For claims 11-12, the claims have features similar to claims 1-2. Therefore, the claims are also rejected for the same reason in claims 1-2.
For claims 14-17, the claims have features similar to claims 4-7. Therefore, the claims are also rejected for the same reason in claims 4-7.
For claim 19, the claim 9 has features similar to claim 9. Therefore, the claim is also rejected for the same reason in claim 9.
For claims 21-22, the claims have features similar to claims 1-2. Therefore, the claims are also rejected for the same reason in claims 1-2.
For claims 24-27, the claims have features similar to claims 4-7. Therefore, the claims are also rejected for the same reason in claims 4-7.
For claim 29, the claim 9 has features similar to claim 9. Therefore, the claim is also rejected for the same reason in claim 9.
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 of this title, 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 3, 13 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Sumien et al. (U.S. 20220312181) in view of Haak et al. (U.S. 20170126625).
For claim 3, Sumien et al. do not disclose the method of claim 1, further comprising: switching, at the mobile device, from the on-board public network to an off- board public network based in part on termination of the on-board connection availability or the on-board service availability.
In the same field of endeavor, Haak et al. disclose switching, at the mobile device, from the on-board public network to an off- board public network based in part on termination of the on-board connection availability or the on-board service availability (at least [0059]. The passenger PED 18a connects to the onboard WLAN access point 22a, and accesses the Internet 36 via the onboard connectivity manager 58 and the remote connectivity manager 60. Additionally, when not onboard the aircraft 10, the user can access the Internet 36 by various conventional modalities, including a home network (which may also be a WiFi network), a work network, as well as a cellular (GSM) network. In accordance with various embodiments of the present disclosure, the transition between the Internet connection as authorized by the application server 38 as described above, and the conventional Internet connections may occur without user intervention, and without user notification.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Sumien et al. as taught by Haak et al. for purpose of providing data communications services off board aircraft and other vehicles.
For claims 13 and 23, the claims have features similar to claim 3. Therefore, the claims are also rejected for the same reason in claim 3.
Claims 8, 18 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sumien et al. (U.S. 20220312181) in view of Halsey et al. (U.S. 20210183254).
For claim 8, Sumien et al. do not disclose the method of claim 1, further comprising: enabling, at the mobile device, the notification regarding connecting to the on- board public network by displaying an unavailability notification on the mobile device that the on-board public network connection is not available.
In the same field of endeavor, Halsey et al. disclose enabling, at the mobile device, the notification regarding connecting to the on- board public network by displaying an unavailability notification on the mobile device that the on-board public network connection is not available (at least [0056]. The service available and unavailable portions of the flight path may be shown with different color code or with different visual representations such as solid lines and dotted lines. The information may be sent to the users through emails at a predetermined time period.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Sumien et al. as taught by Halsey et al. for purpose of selecting a flight plan and be presented with an overview of the flight path and time period in which passengers may or may not expect to have access to a certain network.
For claims 8, 18 and 28, the claims have features similar to claim 3. Therefore, the claims are also rejected for the same reason in claim 3.
Claims 10, 20 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Sumien et al. (U.S. 20220312181) in view of Gillett et al. (U.S. 20140003405).
For claim 10, Sumien et al. do not disclose the method of claim 1, further comprising: switching, at the mobile device, from the off-board public network connection to an additional off-board public network connection, based in part on: an off-board connection availability and an off-board service availability, or an additional off- board connection availability and an additional off-board service availability, wherein the off-board public network connection and the additional off-board public network connections are at least one of a WWAN network and a WLAN network.
In the same field of endeavor, Gillett et al. disclose switching, at the mobile device, from the off-board public network connection to an additional off-board public network connection, based in part on: an off-board connection availability and an off-board service availability, or an additional off- board connection availability and an additional off-board service availability, wherein the off-board public network connection and the additional off-board public network connections are at least one of a WWAN network and a WLAN network (at least [0041]. If the mobile terminal 102 is currently connected to the Internet 101 via a WWAN (e.g. the packet service of the user's 3G network or other such mobile cellular network), but then a new WLAN is found to become available, then the client may instigate a handover to switch to using the WLAN as the means for access in the Internet 101. This may be based on an assumption that a WLAN is always a better choice than a WWAN, as WLANs tend to be cheaper per unit data or per unit time for accessing the Internet 101. Alternatively the decision may be based not only on whether or not the WLAN is available, but on a comparison of whether the WLAN or WWAN offers the better quality (e.g. in terms of bandwidth, delay, jitter, error rate and/or reliability). The quality could be measured dynamically by the client on the mobile terminal 102, each time as and when it makes a handover decision; or alternatively a measure of expected quality could be looked up from a table of past user experience maintained on the mobile terminal 012 or a server (e.g. 108).)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Sumien et al. as taught by Gillett et al. for purpose of offering the better quality and handoff to the cheaper system.
For claims 20 and 30, the claims have features similar to claim 10. Therefore, the claims are also rejected for the same reason in claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm.
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/DAI PHUONG/Primary Examiner, Art Unit 2644
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