DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. The information disclosure statement (IDS) submitted on 10/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
3. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-2, 4-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumar et al. (US 20030083041) (hereinafter Kumar).
Regarding claims 1, 8 and 15:
As shown in figures 1-6, Kumar discloses a device (see wireless communication device 102 in figures 1-2), comprising:
a processing system including a processor (206 in figure 2); and
a memory (208 in figure 2 and figure 4) that stores executable instructions that, when executed by the processing system, facilitate performance of operations (par 0023-0024), comprising:
analyzing (218 in figure 4 and 504 in figure 5) a group of previous communication sessions associated with a communication device resulting in a first analysis (in par 0032, Kumar teaches “content quantity estimate 504 is an amount of information that is anticipated to be communicated during a communication session. Content quantity estimate 504 may include a data quantity estimate in terms of the number of bits or number of data packets. Alternatively, content quantity estimate may include the anticipated time period for a communication session, for example, in the case of content in the real-time content class (e.g., voice conversations). Content quantity estimate 504 may include an estimate of a size of a data file stored in memory of the wireless communication device which is to be communicated, or may be based on previous amounts of information communicated by the user in prior communication sessions”. Also see figure 6);
determining a cost characteristic (216 in figure 4 and 510 and 512 in figure 5) associated with a communication session resulting in a first determination (in par 0037, Kumar teaches “Cost of service information 510 may define the cost of communicating for the levels of service and quality offered by a communication network. Cost of service information 510 may correspond with the cost information received as part of network capability information 108 (FIG. 1). Communication networks 106 (FIG. 1) may provide cost of service information 510 for each content class, and further define a cost of service for different service levels available within each content class. Communication networks 106 (FIG. 1) may also provide cost of service information 510 in terms of available bandwidth, bit-error-rate (BER) and priority levels given to packets”. Also see figure 6, par 0038-0040);
determining a mobility characteristic (quality of service interpreted to be a mobility characteristic) (220 in figure 4 and 506 in figure 5) associated with the communication device resulting in a second determination (in par 0033, Kumar teaches “User desired quality of service 506 may define a quality of service desired by a user, and may be defined for a particular content type or content class. User desired quality of service 506 may include several levels of quality, and may be categorized into several quality of service levels. A first quality of service level may define the highest and/or best possible quality and a lower quality of service level may define a worst quality level that may be acceptable for the type of communication. A first quality of service level, for example may also be associated with the least delay or highest priority service while a lower quality of service level, on the other hand, may be associated with a greater delay or lower priority service. Quality of service levels generally have different meanings when applied to each content class or content type. In general, the quality of service level considers the quality as well as the amount of delay and priority of the communication session.” Also see figure 6, par 0034-0035);
identifying a group of cells (see a group of communication network 108 in figure 1) associated with a cellular network (see figure 1, par 0020-0021);
determining a first cell from the group of cells for establishing the communication session based on the first analysis (504 in figure 5), the first determination (510 in figure 5), and the second determination (506 in figure 5) resulting in a third determination (514 in figure 5) (par 0020, 0041-0051); and
facilitating the communication device to establish the communication session (see step 626 in figure 6) with the first cell based on the third determination (par 0020, 0041-0051).
Note: Also, Kumar teaches a non-transitory machine-readable medium as recited in claim 8 (par 0053).
Regarding claims 2, 9 and 16:
Kumar further discloses wherein the operations comprise analyzing (220 in figure 4 and 506 in figure 5) user preferences associated with the communication device resulting in a second analysis (figure 6, par 0033-0035), wherein the determining of the first cell comprises determining the first cell from the group of cells for establishing the communication session based on the second analysis (par 0020, 0033-0035, 0041-0051).
Regarding claims 4, 11 and 18:
Kumar further discloses wherein the operations comprise determining profile information (quality of service interpreted to be profile information. See par 0027) associated with the communication device resulting in a fourth determination, wherein the determining of the first cell comprises determining the first cell from the group of cells for establishing the communication session based on the fourth determination (par 0027, 0033-0035).
Regarding claims 5, 12 and 19:
Kumar further discloses wherein the operations comprise determining usage behavior information associated with the communication device resulting in a fifth determination (par 0001, 0026, 0032), wherein the determining of the first cell comprises determining the first cell from the group of cells for establishing the communication session based on the fifth determination (par 0001, 0026, 0032).
Regarding claims 6, 13 and 20:
Kumar further discloses wherein the usage behavior information comprises at least one of call duration, call destination, location information, communication session time of day information (par 0001, 0026, 0032), application information, or a combination thereof.
Regarding claims 7 and 14:
Kumar further discloses wherein the operations comprise determining context information (priority level interpreted to be context information. See par 0001-0002, 0020, 0032-0033, 0039-0041) associated with the communication device resulting in a sixth determination, wherein the determining of the first cell comprises determining the first cell from the group of cells for establishing the communication session based on the sixth determination (par 0001-0002, 0020, 0032-0033, 0039-0041).
Allowable Subject Matter
6. Claims 3, 10 and 17 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.
7. The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, Kumar does not teach or suggest determining a first weight associated with the group of previous communication sessions; determining a second weight associated with the cost characteristic; and determining a third weight associated with the mobility characteristic, wherein the analyzing of the group of previous communication sessions comprises applying the first weight to the group of previous communication sessions, wherein the determining of the cost characteristic comprises applying the second weight to the cost characteristic, wherein the determining of the mobility characteristic comprises applying the third weight to the mobility characteristic.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Somasundaram et al. (US 8310946) disclose a method for applying a priority of a closed subscriber group (CSG) cell, including receiving priority information for each of a plurality of communication frequencies over which the CSG cell can communicate; storing the priority information at a wireless transmit/receive unit; and applying the priority information to at least one of: taking measurements on a communication frequency, selecting to a CSG cell in the communication frequency, or reselecting to a CSG cell in the communication frequency.
Eng et al. (US 20020077107) disclose a method for automatic selection of a wireless carrier by transmitting subscription information from a wireless terminal to a telecommunication node. Data relating to the fees charged by each of a plurality of cellular networks is stored at the telecommunications node. When a telecommunication transmission request is received at the telecommunication node, the telecommunication node determines an optimal route based on the stored data and the subscription information.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/Primary Examiner, Art Unit 2631
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