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 .
DETAILED ACTION
This Office Action is in response to the applicants' communication filed on August 22, 2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Drawings
The drawings submitted on August 22, 2024 have been reviewed and accepted by the examiner.
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.
(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, 2, 6-12, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pub No.: US-20170223598-A1 (herein “Ho”)
Claims 1, 11, and 19
Consider claim 1, Ho teaches A method comprising:
performing, by a mobile virtual network operator, a network switch that switches a home network of a client of the mobile virtual network operator from a first network infrastructure of a first mobile network operator that is serving clients for the mobile virtual network operator to a second network infrastructure of a second mobile network operator that is also serving clients for the mobile virtual network operator (see Ho Fig. 3, [0025] note initiate second cellular connection with other cellular carrier of same MVNO);
detecting, by the mobile virtual network operator, a deficiency in telecommunication service provided by the second network infrastructure of the second mobile network operator for the mobile virtual network operator to the client after performing the network switch (see Ho Fig. 3, [0024], [0025] note the second cellular connection may end up being worse than the first cellular connection and the process may repeat, the condition may be detected and the switch back to the first cellular connection); and
performing, by the mobile virtual network operator, a remedial action to resolve the deficiency that the mobile virtual network operator detected in telecommunication service provided by the second network infrastructure of the second mobile network operator for the mobile virtual network operator to the client after performing the network switch (see Ho Fig. 3, [0024], [0025] note the second cellular connection may end up being worse than the first cellular connection and the process may repeat, the condition may be detected and the switch back to the first cellular connection).
Claim(s) 11 and 19 is/are rejected for at least the same reason(s) set forth in claim 1.
Claims 2, 12, and 20
Consider claim 2, Ho teaches wherein detecting the deficiency in telecommunication service is performed by the mobile virtual network operator in response to the client first notifying the mobile virtual network operator regarding the deficiency in telecommunication service (see Ho [0019]-[0022] note the MCD may detect one or more conditions indicative of lack of activity at the second connection and available cellular connection at the first connection).
Claim(s) 12 and 20 is/are rejected for at least the same reason(s) set forth in claim 2.
Claims 6 and 16
Consider claim 6, Ho teaches wherein detecting the deficiency in telecommunication service is performed by the mobile virtual network operator proactively without the client first notifying the mobile virtual network operator regarding the deficiency in telecommunication service (see Ho [0019]-[0022] note the MCD may detect one or more conditions indicative of inactive state of the user).
Claim(s) 16 is/are rejected for at least the same reason(s) set forth in claim 6.
Claims 7 and 17
Consider claim 7, Ho teaches wherein detecting the deficiency in telecommunication service is performed by the mobile virtual network operator detecting a deficiency in cellular connectivity (see Ho [0019]-[0022] note the MCD may detect one or more conditions indicative of lack of activity at the second connection and available cellular connection at the first connection).
Claim(s) 17 is/are rejected for at least the same reason(s) set forth in claim 7.
Claims 8 and 18
Consider claim 8, Ho teaches wherein the remedial action remediates the deficiency in cellular connectivity by restoring a higher level of cellular connectivity (see Ho [0024] note different cellular carrier, the first cellular carrier, may be expected to provide a better cellular connection).
Claim(s) 18 is/are rejected for at least the same reason(s) set forth in claim 8.
Claim 9
Consider claim 9, Ho teaches wherein detecting the deficiency in telecommunication service is performed by the mobile virtual network operator detecting a pattern of clients leaving the mobile virtual network operator (see Ho [0022] note condition can include habits or usage patterns of the user or the MCD).
Claim 10
Consider claim 10, Ho teaches wherein performing, by the mobile virtual network operator, the remedial action to resolve the deficiency that the mobile virtual network operator detected in telecommunication service comprises reversing the network switch back to the first network infrastructure of the first mobile network operator that is serving clients for the mobile virtual network operator (see Ho Fig. 3, [0024], [0025] note the second cellular connection may end up being worse than the first cellular connection and the process may repeat, the condition may be detected and the switch back to the first cellular connection).
Allowable Subject Matter
Claims 3-5 and 13-15 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS C HAMMONDS whose telephone number is (571)270-3193. The examiner can normally be reached M-F 10:00AM-6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISON T. SLATER can be reached at (571)270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCUS HAMMONDS/Primary Examiner, Art Unit 2647
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