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 .
Information Disclosure Statement
As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449.
Claim 17 is canceled.
Claims 1-16 are presented for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 4, 6, 9, 11, 13 and 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim appears to be directed towards a software embodiment, (i.e., modules), and there is no hardware component being described. Therefore, the claims are interpreted as program per se, and is not any tangible, physical articles or objects to as to constitute a manufacture within the meaning of U.S.C. 101, and therefore do not fall into any of the four statutory categories listed above.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “input module”, and “barring module”, in claims 1, 4, 6, 9, 11, 13 and 16.
Applicant is required to review all the claims for the deficiencies noted, supra and correct the claims.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 6, 9, 11, 13 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations “input modules and barring modules” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Applicant’s processing units could be a signal, Para [0048], or information [0049], for example. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith et al., (US Patent Publication No. 20170195891 A1 and Smith hereinafter)
Regarding Claims 1, 9 and 16, Smith teaches a system for restricting one or more services provided by a telecommunications network (i.e., users utilize these services, telecommunication networks must meet these increases in user demand and support the array of new services and provide fast, reliable communications. Therefore, improved methods and solutions for dynamically allocating underutilized telecommunication resources (e.g., RF spectrum, etc.) of a first telecommunication network for access and use by wireless devices that subscribe to other networks will be beneficial to the telecommunication networks, service providers, and to the consumers of telecommunication services) Para [0002], the system comprising: a database configured to store information pertaining to a plurality of nodes pertaining to the telecommunications network (i.e., access subscriber databases) Para [0070] and (i.e., terminate the wireless connection 143 to the original eNodeB 116b, and use the allocated resources of the first E-UTRAN 140a as if they are included in the second E-UTRAN 140b. The DSA operations may be performed so that the first DSC 144a is a lessor DSC for a first resource/period of time, and a lessee DSC for a second resource or another period of time) Para [0130], wherein each of the plurality of nodes is associated with a corresponding Tracking Area Code (TAC) value (i.e., the system and/or it components may be configured so that the Tracking Area Code (TAC) and PLMN ID used by a HeNB 117 is also supported by the HGW 145) Para [0306] indicative of the one or more services available to each of the plurality of nodes (i.e., TAC and PLMN ID used by the HeNB 117. In various embodiments, the system and/or it components may be configured so that the X2 interfaces are not be established between the HGW 145 and other node ) Para [0319]; an input module configured to: receive an instruction to restrict the one or more services (i.e., instruct a second DSC in a second telecommunication network to restrict further handovers to one or more of the plurality of femtocells (or to the HGW 145 managing the plurality of femtocells) in the first telecommunication network.) Para [0090], wherein the instruction includes a list of nodes from the plurality of nodes (i.e., a packet data serving node (PDSN), a serving GPRS support node (SGSN), or any similar component or combinations of the features/functions provided thereof) Para [0069]; and a barring module coupled to the input module, the barring module is configured to (i.e., instruct a second DSC in a second telecommunication network to restrict further handovers to one or more of the plurality of femtocells (or to the HGW 145 managing the plurality of femtocells) in the first telecommunication network) Para [0090] and (i.e., configured to support restricted S5 procedures (e.g., corresponding to the strict support) Para [0304]: in response to the instruction, generate a command to change the TAC value of each of the plurality of nodes with a new TAC value (i.e., the system and/or it components may be configured so that the Tracking Area Code (TAC) and PLMN ID used by a HeNB 117 is also supported by the HGW 145) Para [0306]; store the changed TAC values (i.e., the system and/or it components may be configured so that the Tracking Area Code (TAC) and PLMN ID used by a HeNB 117 is also supported by the HGW 145) Para [0306] of each of the plurality of nodes in the database (i.e., access subscriber databases) Para [0070]; and execute the command (i.e., COMMAND message to include any or all of a message type information element (IE), a message ID IE, a bid ID IE, a UE identity IE, a measurement report IE, handoff cell information IE, a cause IE, and a DSC backoff response timer IE.) Para [0236] to restrict the one or more services for the list of nodes based on the changed TAC value (i.e., the system and/or it components may be configured so that the Tracking Area Code (TAC) and PLMN ID used by a HeNB 117 is also supported by the HGW 145) Para [0306].
Regarding Claims 2 and 10, Smith teaches wherein the instruction is generated by one of the system control logic and a user (i.e., specialized functions (e.g., interacts with online/offline charging systems, application functions, etc.). The PCRF 134 may then send the policy rules to the PCEF/PGW 128 for enforcement. The PCEF/PGW 128 may implement the policy rules to control the bandwidth, the quality of service (QoS), the characteristics of the data, and the services being communicated between the service network 104 and the end users) Para [0070]
Regarding Claim 3, Smith teaches wherein the system automatically generates the instruction when a pre-defined condition is met (i.e., specialized functions (e.g., interacts with online/offline charging systems, application functions, etc.). PCRF 134 may then send the policy rules to the PCEF/PGW 128 for enforcement. The PCEF/PGW 128 may implement the policy rules to control the bandwidth, the quality of service (QoS), the characteristics of the data, and the services being communicated between the service network 104 and the end users) Para [0070].
Regarding Claims 4 and 11 , Smith teaches wherein the input module is further configured to: validate credential information of the user; and upon successful validation, confirm that the user is authorized to generate the instruction (i.e., improve the DSA resource auctioning operations by improving the performance and efficiency of the procedures for bidding, generating invoices, advertising resources, requesting resources, purchasing resources, validating bid credentials, etc.) Para [0339].
Regarding Claims 5 and 12, Smith teaches wherein the list of nodes is generated based on a geographical location of the nodes (i.e., eNodeB geographic boundary management module 162, an eNodeB resource and congestion management module 163, a stream control transmission protocol (SCTP) module 164, a Layer-2 (L2) buffer module 165, and a Layer-1 (L1) buffer module 166. The DPC 146 may include an eNodeB resource bid management module 167, an inter-DSC communication module 168, SCTP/DIAMETER module 169, an L2 buffer module 170, and a L1 buffer module 171. The MME 130 may include a non-access stratum (NAS) security module 172, and idle state mobility handling module 173, and an evolved packet system (EPS) bearer control module 174.) Para [0097].
Regarding Claims 6 and 13, Smith teaches wherein the barring module is further configured to: notify a service restriction start time (i.e. scheduling) Para [0075] and a service restriction end time to the list of nodes (i.e., updating the transaction database to include information identifying a time) Para [0012]; and upon expiration of the service restriction end time, restore the TAC values of the list of nodes (i.e., time has expired and that the bid amount specific in bid amount IE in the last, latest, or most current BID REQUEST message accepted) Para [0213].
Regarding Claims 7 and 14, Smith teaches wherein the instruction comprises a list of services to be restricted (i.e., time has expired and that the bid amount specific in bid amount IE in the last, latest, or most current BID REQUEST message accepted) Para [0213].and duration of services, wherein the list of services comprises a voice service, a data service, a messaging service, and a multimedia service, and wherein the duration restriction of services comprises time period during which the list of services is to be restricted (i.e., mobile communication services and standards are available or contemplated in the future, all of which may implement and benefit from the various embodiments. Such services and standards include, e.g., third generation partnership project (3GPP), long term evolution (LTE) systems, third generation wireless mobile communication technology (3G), fourth generation wireless mobile communication technology (4G), global system for mobile communications (GSM), universal mobile telecommunications system (UMTS), 3GSM, general packet radio service (GPRS), code division multiple access (CDMA) systems (e.g., cdmaOne, CDMA2000TM), enhanced data rates for GSM evolution (EDGE), advanced mobile phone system (AMPS), digital AMPS (IS-136/TDMA), evolution-data optimized (EV-DO), digital enhanced cordless telecommunications (DECT), Worldwide Interoperability for Microwave Access (WiMAX), wireless local area network (WLAN), public switched telephone network (PSTN), Wi-Fi Protected Access I & II (WPA, WPA2), Bluetooth®, integrated digital enhanced network (iden), land mobile radio (LMR), and evolved universal terrestrial radio access network (E-UTRAN). Each of these technologies involves, for example, the transmission and reception of voice, data, signaling and/or content messages) Para [0049].
Regarding Claims 8 and 15, Smith teaches wherein the new TAC value is associated with restricting at least one list of services and the time period of the restriction (i.e. terminate the wireless connection 143 to the original eNodeB 116b, and use the allocated resources of the first E-UTRAN 140a as if they are included in the second E-UTRAN 140b. The DSA operations may be performed so that the first DSC 144a is a lessor DSC for a first resource/period of time, and a lessee DSC for a second resource or another period of time.) Para [0110].
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith et al., (US Patent Publication No. 20170195891 A1), “ Methods and systems for using location based service information to enable self-realized leases”” (July 6, 2017) discloses dynamic spectrum arbitrage (DSA) system includes a plurality of fixed wireless devices, a home eNodeB gateway (HGW) coupled to each of the plurality of fixed wireless devices, a dynamic spectrum controller (DSC) coupled to the HGW, and a dynamic spectrum policy controller (DPC) coupled to the DSC and a plurality of other DSCs. Each of the fixed wireless devices may be configured to use an enhanced location-based service (eLBS) to dynamically determine its location (latitude, longitude and altitude) and the locations of other fixed wireless devices, and use the location information to determine whether the respective fixed wireless device may be included in a telecommunication resource lease. The fixed wireless devices may also monitor network conditions, generate congestion reports based on the result of the monitoring, and send the generated congestion reports to HGW.
Tran B. (US Patent No. 10610111 B1), “Smart watch” (April 7, 2020) discloses a cellular, WiFi, and Bluetooth transceiver coupled to a processor; an accelerometer or a motion sensor coupled to the processor; and a sensor coupled to the processor to sense mood or body vital sign; and a wearable device operating wirelessly with the processor, wherein the wearable device includes at least one sensor coupled to a back of the wearable device and wherein the wearable device recognizes and executes a speech command.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600.
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/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647
Diane.Mizrahi@USPTO.gov
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