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 is in response to the ADS updated 9/11/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 7/23/2024 has been considered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Teyeb et al., US PGPub 2017/0048913 A1.
Regarding claim 1, Teyeb et al. shows a wireless device (950) comprises: a wireless communication interface configured to perform wireless communication on a first communication channel which is available under a condition that the wireless device transmits position information to a server(970/930), and wireless communication on a second communication channel different from the first communication channel; and a control circuit configured to perform processing under a condition that the wireless device is not able to acquire position information of the wireless device, wherein the processing includes: allowing the wireless communication interface to start the wireless communication on the second communication channel with a communication terminal; receiving position information of the communication terminal from the communication terminal; and transmitting the position information of the communication terminal that is received to the server to make available the wireless communication on the first communication channel (Figs. 6-8 and 16-19; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
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b. Regarding claim 2, Teyeb et al. shows the wireless device according to claim 1, further comprising: a position acquisition circuit configured to acquire the position information of the wireless device, wherein the control circuit is further configured to perform the processing under a condition that the position acquisition circuit is not able to acquire the position information of the wireless device (Figs. 6-8 and 16-19; [0012]-[0021] shows the various parameters are used to determine the 3GPP and WLAN steering, signaling, and integration and [0026]-[0027] disclose that 3Gpp or WLAN can initiate Aggregation and access).
c. Regarding claim 3, Teyeb et al. shows the wireless device according to claim 1, wherein the control circuit is further configured to perform the processing under a condition that the wireless device does not include a position acquisition circuit configured to acquire the position information of the wireless device and the wireless device is not able to acquire the position information of the wireless device (Figs. 6-8 and 16-19; [0012]-[0021] shows the various parameters are used to determine the 3GPP and WLAN steering, signaling, and integration and [0026]-[0027] disclose that 3Gpp or WLAN can initiate Aggregation and access).
d. Regarding claim 4, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: retrying to acquire the position information of the wireless device after allowing the wireless communication interface to start the wireless communication on the second communication channel with a communication terminal; and receiving the position information of the communication terminal from the communication terminal to transmit to the server under a condition that the wireless device is not able to acquire the position information of the wireless device in the retrying (Figs. 6-8 and 16-19; [0012]-[0021] shows the various parameters are used to determine the 3GPP and WLAN steering, signaling, and integration and [0026]-[0027] disclose that 3Gpp or WLAN can initiate Aggregation and access).
e. Regarding claim 5, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: allowing the wireless communication interface to start the wireless communication on the second communication channel with plural communication terminals; selecting one of the plural communication terminals based on a respective radio wave intensity between the wireless device and the plural communication terminals; and receiving position information of the one of the plural communication terminals to transmit to the server (Figs. 6-8 and 16-19; [0012]-[0021] shows the various parameters are used to determine the 3GPP and WLAN steering, signaling, and integration and [0026]-[0027] disclose that 3Gpp or WLAN can initiate Aggregation and access).
f. Regarding claim 6, Teyeb et al. shows the wireless device according to claim 5, wherein a radio wave intensity between the wireless device and the one of the plural communication terminals that is selected is higher than a respective radio wave intensity between the wireless device and other of the plural communication terminals (Figs. 6-8 and 16-19; [0012]-[0021] shows the various parameters are used to determine the 3GPP and WLAN steering, signaling, and integration and [0026]-[0027] disclose that 3Gpp or WLAN can initiate Aggregation and access).
g. Regarding claim 7, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: allowing the wireless communication interface to start the wireless communication on the second communication channel with plural communication terminals; selecting [0059] one of the plural communication terminals based on a respective distance between the wireless device and the plural communication terminals [0063]; and receiving position information of the one of the plural communication terminals to transmit to the server (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
h. Regarding claim 8, Teyeb et al. shows the wireless device according to claim 7, wherein a distance between the wireless device and the one of the plural communication terminals that is selected is shorter than a respective distance between the wireless device and other of the plural communication terminals (Fig. 16;[0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
i. Regarding claim 9, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: allowing the wireless communication interface to start the wireless communication on the second communication channel with plural communication terminals; receiving position information of the plural communication terminals; selecting, from the position information that is received, position information of one of the plural communication terminals based on a respective time at which the position information of the plural communication terminals is received; and transmitting to the server the position information of the one of the plural communication terminals that is selected (Fig. 16;[0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
j. Regarding claim 10, Teyeb et al. shows the wireless device according to claim 9, wherein the position information of the one of the plural communication terminals that is selected is received at a later time than a respective time at which the position information of other of the plural communication terminals is received (Fig. 16;[0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
k. Regarding claim 11, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: allowing the wireless communication interface to start the wireless communication on the second communication channel with plural communication terminals; receiving position information of the plural communication terminals; calculating certain position information based on the position information of the plural communication terminals that is received; and transmitting to the server the certain position information that is calculated (Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
l. Regarding claim 12, Teyeb et al. shows the wireless device according to claim 11, wherein the certain position information that is calculated is an average value or a median value of the position information of the plural communication terminals (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
m. Regarding claim 13, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: calculating certain position information based on the position information of the communication terminal that is received and a positional relationship between the communication terminal and the wireless device; and transmitting to the server the certain position information that is calculated (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
o. Regarding claim 14, Teyeb et al. shows the wireless device according to claim 13, wherein the certain position information is calculated by correcting the position information of the communication terminal with the positional relationship between the communication terminal and the wireless device (Fig. 16;[0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
p. Regarding claim 15, Teyeb et al. shows the wireless device according to claim 1, wherein the processing further includes: receiving the position information of the communication terminal from the communication terminal through the wireless communication on the second communication channel; and transmitting the position information that is received to the server (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
q. Regarding claim 16, Teyeb et al. shows the wireless device according to claim 1, wherein the first communication channel is a communication channel of Unlicensed National Information Infrastructure (UNII)-6 to UNII-8, and the second communication channel is a communication channel of UNII-5 (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
r. Regarding claim 17, Teyeb et al. shows a control method for a wireless device having a wireless communication interface, to be performed by a processor of the wireless device, the control method comprising: controlling the wireless communication interface to perform wireless communication on a first communication channel which is available under a condition that the wireless device transmits position information to a server, and wireless communication on a second communication channel different from the first communication channel; and under a condition that the wireless device is not able to acquire position information of the wireless device, allowing the wireless communication interface to start the wireless communication on the second communication channel with a communication terminal; receiving, from the communication terminal, position information of the communication terminal; and transmitting the position information of the communication terminal that is received to the server to make available the wireless communication on the first communication channel (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
s. Regarding claim 18, Teyeb et al. shows a non-transitory computer-readable storage medium that stores a control program (26/46/66 Figs. 6-8) for causing a computer of a wireless device having a wireless communication interface to execute a process, the process comprising: controlling the wireless communication interface to perform wireless communication on a first communication channel which is available under a condition that the wireless device transmits position information to a server, and wireless communication on a second communication channel different from the first communication channel, and under a condition that the wireless device is not able to acquire position information of the wireless device, allowing the wireless communication interface to start the wireless communication on the second communication channel with a communication terminal; receiving, from the communication terminal, position information of the communication terminal; and transmitting the position information of the communication terminal that is received to the server to make available the wireless communication on the first communication channel (Fig. 16; [0068], [0116]-[0121], and [0126] and Claim 73; wherein the processing circuit is configured to determine to initiate aggregation based on at least one of: a user equipment WLAN measurement; local load conditions in the RAN node; a measured throughput in the RAN; a traffic demand per user equipment and/or bearers; a user equipment capability; a user equipment battery level; a user equipment location; and a usage of a given mobile application).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAHVOSH J NIKMANESH whose telephone number is (571)270-5549. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at (571)272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seahvosh Nikmanesh/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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