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 .
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.
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 1,2,5,8,9,12,15,16,and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hua et al. (2020/0204962) in view of Bansal et al. (2016/0381710).
For independent claim 1, Hua et al. (2020/0204962) discloses a system comprising:
a method, comprising:
receiving, by a device, a short message service (SMS) message for delivery to a user equipment (UE) ( See details of box 620 in figure 6);
attempting, by the device, an SMS message delivery to the UE via a first network; determining, by the device, that the SMS message delivery via the first network has failed ( See box 630 in figure 6);
attempting, by the device, the SMS message delivery via a second network; determining, by the device, that the SMS message delivery via the second network is successful ( See paragraphs 0019 lines 1-20, 0023 lines 1-25 and 0017 lines 1-14) ;
receiving, by the device, a subsequent SMS message for delivery to the UE; and delivering, by the device and based on the indicator, the subsequent SMS message to the UE using the second network( See paragraphs 0019 lines 1-20, 0023 lines 1-25 and 0017 lines 1-14); and a non-transitory computer-readable medium ( See boxes 214 and 206 in figure 2).
For independent claim 1, Hua et al. (2020/0204962) discloses all the subject matter of the claimed invention with the exception of setting, by the device, an indicator to skip the first network for any subsequent SMS messages for the UE in a communications network. Bansal et al. from the same or similar fields of endeavor teaches a provision of setting, by the device, an indicator to skip the first network for any subsequent SMS messages for the UE ( See paragraph 0087 lines 1-11). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use setting, by the device, an indicator to skip the first network for any subsequent SMS messages for the UE as taught by Bansal et al. (2016/0381710) in the communications network of Hua et al. (2020/0204962) for the purpose of setting, by the device, an indicator to skip the first network for any subsequent SMS messages for the UE.
For independent claims 8 and 15 are rejected for the same reasons as claim 1.
For dependent claim 5, Hue et al. also discloses receiving, by the device, an indication of a UE registration status, wherein the UE registration status indicates whether the UE is registered with the first network or the second network; and
storing, by the device, the UE registration status as part of local registration data( See paragraph 0087 lines 1-11).
For dependent claims 2,9, and 16, Hua et al. (2020/0204962) in view of Bansal et al. (2016/0381710) disclose all the subject matter of the claimed invention with the exception of wherein the device is a short message service center (SMSC), the first network is associated with Internet Protocol multimedia subsystem (IMS), and the second network is associated with Global System for Mobile communication (GSM). However, wherein the device is a short message service center (SMSC), the first network is associated with Internet Protocol multimedia subsystem (IMS), and the second network is associated with Global System for Mobile communication (GSM) are well-known in the art. Thus, it would have been obvious to the person of ordinary in the art before the effective filing date of the claimed invention to use wherein the device is a short message service center (SMSC), the first network is associated with Internet Protocol multimedia subsystem (IMS), and the second network is associated with Global System for Mobile communication (GSM) as well-known in the art in the communications network of Hua et al. (2020/0204962) in view of Bansal et al. (2016/0381710) for the purpose of using wherein the device is a short message service center (SMSC), the first network is associated with Internet Protocol multimedia subsystem (IMS), and the second network is associated with Global System for Mobile communication (GSM).
Claims 3,4,6,7,10,11,13,14,17,18,and 20 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hirai (2013/0136131) is cited to show a system which is considered pertinent to the claimed invention.
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/DANG T TON/
Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
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