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 .
This communication is response to claims filed on 06/11/24.
Claims 1-20 are presented for examination.
Drawing
4. The drawings filed on 04/28/21 are accepted by the examiner.
Specification
5. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “DATA SAVING PROFILES FOR RESTRICTING USE OF CERTAIN ACCESS POINT NAMES (APNs) OR DATA NETWORK NAMES (DNNs)”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
6. 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.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
7. Claims 1-2, 4, 7-9, 11-12, 14-15 & 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chaugule et al. (hereinafter referred as Chaugule) US Patent Application Publication No. 2024/0007848 A1, in view of Luna et al. (hereinafter referred as Luna) US Patent Application Publication No. 2022/0046547 A1.
Regarding claims 1 & 11: Chaugule discloses a user equipment (UE) (See FIG. 1; wireless device 102)/method comprising:
one or more processors (See FIG. 1; wireless device 102 includes processor (s)); and programming instructions that, when executed by the one or more processors, cause the UE to perform operations including:
determining an occurrence of a triggering event associated with a data saving profile, the data saving profile including rules for at least two of stopping background data, limiting short message service (SMS) retries, early timeouts, stopping incoming calls or redirecting incoming calls to voicemail, blocking video streaming, limiting connection attempts, restricting use of the UE as a personal hotspot, or restricting use of certain access point names (APNs) or data network names (DNNs) (See Para. 0060; detecting the out-of-data trigger for the eSIM profile 208 includes receiving, from a cellular wireless network 704 of the MNO 114 associated with the eSIM profile. Th eSIM profile includes a data-only eSIM profile and blocking internet data connection);
in response to the occurrence of the triggering event, activating the data saving profile (See Para. 0060-0062; enabling the eSIM profile 208 based on receiving, from an MNO web sheet server 906, a message indicating the eSIM profile 208 is active); and
Chaugule does not explicitly discloses applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions.
However, Luna from the same field of endeavor discloses applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions (See Claim 2; allow transmission of additional outgoing application data requests in response to occurrence of receipt of data transfer from a remote entity, user input in response to a prompt displayed to the user, and a change in a background status of an application executing on the mobile device).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions as taught by Luna in the system of Chaugule to allow servers to push updated data to a mobile device without the need of the client to periodically re-establish the connection or to periodically query for changes (See Para. 0007; lines 1-2).
Regarding claims 2 & 12: The combination of Chaugule and Luna disclose a user equipment (UE)/method.
Furthermore, Chaugule discloses a UE, wherein the triggering event is at least one of: connecting to a specific APN or DNN (See Para. 0052; connected via a dedicated access point name (APN)).
Regarding claim 4: The combination of Chaugule and Luna disclose a method.
Furthermore, Chaugule discloses a method, further comprising enabling a user of the UE to toggle the data saving profile on or off (See Para. 0060-0062).
Regarding claim 7: The combination of Chaugule and Luna disclose a method.
Furthermore, Chaugule discloses a method, wherein the data saving profile is pre-installed on the UE or received from a home network of the UE (See Para. 0060).
Regarding claim 8: The combination of Chaugule and Luna disclose a method.
Furthermore, Chaugule discloses a method, wherein the data saving profile includes a suggested blacklist of websites or services and the activating comprises seeking acceptance or rejection of the suggested blacklist by a user of the UE (See Para. 0050-0051).
Regarding claim 9: The combination of Chaugule and Luna disclose a method.
Furthermore, Chaugule discloses a method, further comprising using machine learning to build the data saving profile (See Para. 0051).
Regarding claim 14: The combination of Chaugule and Luna disclose a UE.
Furthermore, Chaugule discloses the UE, wherein the data saving profile is pre-installed on the UE or received from a home network of the UE (See Para. 0060).
Regarding claim 15: The combination of Chaugule and Luna disclose a UE.
Furthermore, Chaugule discloses the UE, wherein the data saving profile includes a suggested blacklist of websites or services and the activating comprises seeking acceptance or rejection of the suggested blacklist by a user of the UE (See Para. 0050-0051).
Regarding claim 17: Chaugule discloses a non-transitory computer storage medium (See FIG. 1; wireless device 102 includes memory) having programming instructions stored thereon that, when executed by one or more processors of a user equipment (UE) (See FIG. 1; wireless device 102 includes processor (s)), cause the UE to perform operations comprising:
determining an occurrence of a triggering event associated with a data saving profile, the data saving profile including rules for at least two of stopping background data, limiting short message service (SMS) retries, early timeouts, stopping incoming calls or redirecting incoming calls to voicemail, blocking video streaming, limiting connection attempts, restricting use of the UE as a personal hotspot, or restricting use of certain access point names (APNs) or data network names (DNNs) (See Para. 0060; detecting the out-of-data trigger for the eSIM profile 208 includes receiving, from a cellular wireless network 704 of the MNO 114 associated with the eSIM profile. Th eSIM profile includes a data-only eSIM profile and blocking internet data connection);
in response to the occurrence of the triggering event, activating the data saving profile (See Para. 0060-0062; enabling the eSIM profile 208 based on receiving, from an MNO web sheet server 906, a message indicating the eSIM profile 208 is active).
Chaugule does not explicitly discloses applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions.
However, Luna from the same field of endeavor discloses applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions (See Claim 2; allow transmission of additional outgoing application data requests in response to occurrence of receipt of data transfer from a remote entity, user input in response to a prompt displayed to the user, and a change in a background status of an application executing on the mobile device).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include applying the rules of the data saving profile to at least one of incoming data or outgoing data, wherein the applying limits some data transmissions without stopping all data transmissions as taught by Luna in the system of Chaugule to allow servers to push updated data to a mobile device without the need of the client to periodically re-establish the connection or to periodically query for changes (See Para. 0007; lines 1-2).
Regarding claim 18: The combination of Chaugule and Luna disclose a non-transitory computer storage medium.
Furthermore, Chaugule discloses the non-transitory computer storage medium, wherein the triggering event is at least one of: connecting to a specific APN or DNN (See Para. 0052; connected via a dedicated access point name (APN)).
Regarding claim 19: The combination of Chaugule and Luna disclose a non-transitory computer storage medium.
Furthermore, Chaugule discloses the non-transitory computer storage medium, wherein the data saving profile is pre-installed on the UE or received from a home network of the UE (See Para. 0060).
Allowable Subject Matter
8. Claims 3, 5-6, 10, 13, 16 & 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.
Conclusion
9. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure.
A. Storr et al. 2020/0177598 A1 (Title: System, method, computer program and data signal..) (See Abstract, Para. 0012 & 0037-0038).
B. Plotkin et al. 2012/0079045 A1 (Title: Profile based message control) (See abstract, Para. 0006 & 00813-0016).
C. Hoffman et al. 2010/0167658 A1 (Title: Distributed architecture for monitoring mobile communication..) (See FIG. 1, Para. 0046, 0050 & 0160).
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
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