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 .
Art Rejection
2. 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.
3. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Daoud, U.S. pat. Appl. Pub. No. 2023/0300661, in view of Burns, U.S. pat. No. 7,200,110.
Per claim 1, Daoud discloses a computer implemented method comprising:
a) providing, by a device, Internet access to end (mobile) devices via a primary network connection, e.g., via base station 122-1 (see par 0080);
b) detecting, by the device, that the primary network connection is down (see par 0085);
c) determining, by the device, that a backup network connection to a radio access network is
available, e.g., using a neighbor base station to provide connection (see par 0086);
d) generating, by the device in response to the determining, a backup communication
for traffic associated with the end devices based on at least one of context data or network connection data, i.e., increasing power or adjusting operation of nearby station to provide wireless communication to mobile devices (see par 0087); and
e) executing, by the device, the backup communication for the traffic via the backup network connection (see par 0087).
It should be noted that since the nearby station (which functions as backup device for the primary device) is now configured to provide connection to additional mobile devices, its performance would have been obvious lower than the primary device.
Daoud does not explicitly teach generating a backup communication schedule for traffic associated with end devices based on user preference data, end device profile data, context data or network connection data. However, Burns discloses a prior art method for generating communication schedule for traffic based on at least user preference or device priority data, and context data or network connection data in response to reduction of system resources due to network outage or connection disruption, wherein traffic with higher priority will be scheduled before traffic with lower priority (see Burns, col 4, ln 45-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Daoud with Burns teaching because it would have enabled providing more desirable QoS to users in case of network outage or connection disruption (see Burns, col 3, ln 20-40).
Per claims 2-4, Burns teaches that the communication schedule includes prioritization of some traffic over a remainder of the traffic, wherein traffic data indicates different prioritizations or performance metrics among end devices regarding access and use of network connection during an outage (see col 4, ln 34-65).
Per claim 5, Daoud teaches detecting context data indicating network outage (see par 0043). It would have been obvious to one skilled in the art to recognize that context data could relate to any causes including weather and emergencies.
Per claim 6, Daoud teaches that end devices could comprise any computing devices including battery-driven or non-battery-driven devices (see par 0154).
Per claim 7, Daoud teaches detecting by the device that the primary network connection is up and switching by the device traffic back to the primary network connection (see par 0132).
Per claim 8, Daoud teaches that the device includes a 5G station (see par 0080).
Claims 9-20 are similar in scope as that of claims 1-8 and hence are rejected for the same rationale set forth for claims 1-8.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Viet Vu whose telephone number is 571-272-3977. The examiner can normally be reached on Monday through Thursday from 8:00am to 6:00pm. The Group general information number is 571-272-2400. The Group fax number is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Emmanuel Moise, can be reached at 571-272-3865.
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/Viet D Vu/
Primary Examiner, Art Unit 2455
8/10/26
Prosecution Insights