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 .
Information Disclosure Statement
A plurality of information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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, 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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho et al. (US 20170223598, hereinafter Ho), in view of Demonget et al. (US 20240098504, hereinafter Demonget). Both references are cited in applicant filed IDS.
Claims 1, 11 and 19. Ho discloses a method, a non-transitory computer-readable medium and a system comprising:
performing, by a mobile virtual network operator in response to receiving an indication to perform a network switch, an attempted network switch by attempting to switch a home network of a client device of a client of the mobile virtual network operator from a source network infrastructure of a source mobile network operator that is serving the client for the mobile virtual network operator to a target network infrastructure of a target mobile network operator that is serving clients for the mobile virtual network operator ([0013][0014] mobile network operator; [0023] [0024][0025]);
detecting, by the mobile virtual network operator after performing the attempted network switch, that the attempted network switch being worse ([0024][0025]);
performing, by the mobile virtual network operator in response to detecting that the attempted network switch being worse, an audit of the attempted network switch ([0024][0025]); and
performing, by the mobile virtual network operator in response to a negative result of the audit of the attempted network switch, a remedial action that remediates the negative result of the attempted network switch ([0024][0025]);
wherein the remedial action comprises successfully completing the attempted network switch or performing a reverse network switch back from the target network infrastructure of the target mobile network operator to the source network infrastructure of the source mobile network operator ([0024][0025]).
Although Ho disclose detecting that the attempted network switch being worse, Ho does not explicitly state failed.
In a similar endeavor, Demonget discloses that in [0025] based on policies, UEs are not authorized to certain service, hence becoming rejected traffic as descried in [0047], thus switching/accessing network may fail due to those policies. See [0050] “…retrying the rejected traffic…”. Also see [0059]. Note that “rejected” is interpreted as “failed”).
Therefore, it would be obvious to one of ordinary skilled in the art to modify the teachings of the cited reference, to provide solution when network connection attempt fails.
The motivation/suggestion for doing so would have been to provide an additional solution to connection failures during handoff or network access, thus providing enhanced seamless communications for the UEs.
Claims 2, 12. Ho discloses the method of claim 1, wherein detecting that the attempted network switch failed comprises receiving an indeterminate response from a remote subscriber identity module provisioning platform regarding a state of a subscriber identity module of the client device ([0023] “… The network outage, for example, cannot be determined by the mobile computing device 104 because the mobile computing device 104 would be unable to maintain its cellular connection.”).
Claims 3, 13. Ho discloses the method of claim 1, wherein performing the audit of the attempted network switch comprises: attempting to reestablish connectivity with the client device; analyzing connection data; or examining call detail record data associated with the client device (([0024][0025])).
Claims 4, 14. Ho in view of Demonget discloses the method of claim 1, wherein the remedial action comprises: resynchronizing a remote subscriber identity module provisioning platform with a subscriber identity module of the client device to determine whether the subscriber identity module is using a profile of the source network infrastructure or a profile of the target network infrastructure (Demonget, [0051]).
Motivation is the same as claim 1.
Claims 5, 15. Ho discloses the method of claim 1, further comprising: detecting a definitive failure of the attempted network switch where a subscriber identity module of the client device reports remaining on the source network infrastructure; and in response to detecting the definitive failure, aborting the network switch and maintaining the client device on the source network infrastructure ([0024][0025])).
Claims 6, 16. Ho discloses the method of claim 1, wherein performing the remedial action comprises: detecting that a subscriber identity module profile switch was successful despite an initial indeterminate response; and proceeding with completion of the network switch to the target network infrastructure ([0023][0024][0025])).
Claims 7, 17. Ho discloses the method of claim 1, further comprising: implementing an automated fallout process to determine a state of a subscriber identity module of the client device when an initial profile switch attempt results in an indeterminate state ([0023][0024][0025])).
Claims 8, 18. Ho in view of Demonget discloses the method of claim 1, wherein performing the audit of the attempted network switch comprises: verifying connectivity between a remote subscriber identity module provisioning platform and a subscriber identity module of the client device; and analyzing a report from the subscriber identity module regarding its current state and installed profiles (Demonget, [0051]).
Motivation is the same as claim 1.
Claims 9, 20. Ho discloses the method of claim 1, wherein the remedial action comprises reverting the client device to the source network infrastructure ([0023][0024][0025])).
Claim 10. Ho discloses the method of claim 1, further comprising maintaining, by the mobile virtual network operator, simultaneous connectivity with the client device on both the source network infrastructure and the target network infrastructure during a portion of the network switch ([0025] concurrently).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHY W WANG-HURST whose telephone number is (571)270-5371. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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/KATHY W WANG-HURST/Supervisory Patent Examiner, Art Unit 2644