CTNF 19/061,221 CTNF 80433 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. This Non-final Office Action is in reply to communication filed on 02/24/2025. Claimed priority is granted from PRO 63/658,200with a priority date of 06/10/2024. Information Disclosure Statement 06-52 AIA The information disclosure statement (IDS) submitted on 10/14/2025 was filed after the mailing date of the original application filed on 06/10/2024 . The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Calin et al., US 20190150150, in view of Whitman JR., US 20050135600 . Regarding claim 1, Calin teaches the invention substantially as claimed. Calin disclose a method performed by a processor of a first mobile device ( 0040, “UCM 345...software executing on a processor implemented in the user equipment 205”, 0124 ), comprising: initiating a transfer of data between the first mobile device and a second mobile device over a first communication pathway ( 0035. Selected path allocated to a flow; 0048 new connection request upon arrival of the new device flow; 0050, 0068, assigning service flow to access channel/path ); monitoring, by a system process of the first mobile device, one or more metrics measured of a device state, a network state, a transfer state, or a combination thereof during the transfer of data (0032; RMM monitors radio conditions, RSSI, SINR, MCS, throughput, utilization ( 0033. UCM monitors throughput, delay, radio interface conditions; 0041, throughput, packet delay, jitter, radio conditions monitored; 0075-0076; monitoring serve-flow performance and network conditions ); generating, by the system process, a change recommendation using the one or more metrics, the change recommendation indicating a change from the first communication pathway to a second communication pathway ( 0033; 0041; 0042, performance degradation triggers path switching; 0077 determining whether path switching procedure should be triggered ); providing the change recommendation to a connection manager (0032, flow switched to different path associated with different access technology ( 0031; 0035; 0077, path reselection/path switching triggered ); and in response to the change recommendation, changing, by the connection manager, the transfer of data from the first communication pathway to the second communication pathway ( 0033, UCM reports measurements and steering information to MPM/RCM; 0041, UCM requests fast path switching to preserve QoE ). While Calin moderately teaches providing the change recommendation to a connection manager that, in response, further transfers first communication pathway to the second, this teaching is well-known in the art as evidence by Whitman. In the dame field of invention, Wittman discloses that the FMS generates “recommended configuration changes (par. 0019), and identifies “recommended configuration change 648” (par. 0073). IN addition, par. 0018, 0074, 0075, 0075, 0077, 0078 and 0081 wherein the receiving/implementing entity is not specifically called a “connection manager”, but the queuing/distribution equipment, real-time console, processor, softswitch control, that performs communication management control and acceptance and command generation to pass recommended configuration changes, teach the “change recommendation in various formats. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to find motivation to combine Calin’s intelligent traffic steering system with Whitman’s recommendation for controlling architectures because Calin already teaches monitoring service-flow performance, network conditions, and switching a service flow between access technologies (see Calin par. 0031, 0033, 0075 and 0077; see Whitman, 0019, 0073-0075 and 0081). The combination would have predictably improved implementation of path -change decisions by enabling monitored conditions to be translated into executable configuration changes through a structured management-control framework. By this rationale, claim 1 is rejected. Regarding claims 2-4, and 6-20, the combination Clin-Whitman teaches: 2. The method of claim 1, wherein the second communication pathway has a higher bandwidth than the first communication pathway ( see Calin, par. 0066; access channel is considered available if it has sufficient bandwidth and/or acceptable latency to accommodate the new service flow ). 3. The method of claim 1, wherein the monitoring comprises: determining, by the system process, that a transfer size exceeds a size threshold; and in response to the transfer size exceeding the size threshold, monitoring one or more metrics measured of the devices state, the network state and the transfer state, or a combination thereof during the transfer of data ( see Calin, 0042, 0077, 0103 and 0121 ). 4. The method of claim 1, further comprising: changing the transfer of data from the second communication pathway to the first communication pathway; and initiating a change timer, wherein a change from the first communication pathway to the second communication pathway is prevented until a conclusion of the change timer ( Colin, par. 022, disclosure of claim 35 ). 6. The method of claim 1, wherein the first communication pathway is a Bluetooth connection between the first mobile device and the second mobile device. The Examiner takes Official Notice that it was notoriously well known, before the effective filing date of the claimed invention, to utilize a Bluetooth Wireless communication link between two mobile devices to enable short-range data communication and device connectivity, as such functionality was widely used and conventional in the art . 7. The method of claim 1, wherein the second communication pathway is a Wi-Fi connection between the first mobile device and the second mobile device (Calin, par. 0019 and 0119). 8. The method of claim 1, wherein initiating the transfer of data over the first communication pathway comprises: receiving a transfer request from the second mobile device; and initiating the transfer over the first communication pathway ( Whitman, 0050, 0054, 0062 and 0071; teaching of routing and distributing communications through selected communication pathways using switching and communication equipment. Which would have suggested transferring data over a selected communication pathways ). 9. The method of claim 1, wherein initiating the transfer of data over the first communication pathway comprises: receiving a transfer request from an application executing on a processor of the first mobile device; and initiating the transfer over the first communication pathway ( Whitman, 0050, 0054, 0062 and 0071; teaching of routing and distributing communications through selected communication pathways using switching and communication equipment. Which would have suggested transferring data over a selected communication pathways ). 10. The method of claim 1, wherein initiating the transfer of data over the first communication pathway comprises: receiving a transfer request from the system process of the first mobile device; and initiating the transfer over the first communication pathway ( Whitman, 0050, 0054, 0062 and 0071; teaching of routing and distributing communications through selected communication pathways using switching and communication equipment. Which would have suggested transferring data over a selected communication pathways ). 11. The method of claim 1, wherein the device state comprises one or more of a battery capacity, a battery charging rate, and a thermal state ( Official Notice is taken that it was notoriously well-known in the art for mobile devices to monitor and expose device-state information including capacity level, battery charging status or charging rate, and device thermal condition or thermal rate, since such parameters were conventionally used by device management and communication controlled systems to optimize performance, power consumption, and thermal protection ). 12. The method of claim 1, wherein the network state of the transfer of data comprises one or more of a throughput, a packet error rate, a signal to noise ratio, a received signal strength indicator, a network congestion, and pathway driver metrics ( par. 0022 ). 13. A first mobile device, comprising: one or more processors; a memory coupled to the one or more processors, the memory storing instructions that cause the one or more processors to perform any one or more of operations to: initiate a transfer of data between the first mobile device and a second mobile device over a first communication pathway; monitor, by a system process of the first mobile device, one or more metrics measured of a device state, a network state, a transfer state, or a combination thereof during the transfer of data; generate, by the system process, a change recommendation using the one or more metrics, the change recommendation indicating a change from the first communication pathway to a second communication pathway; provide the change recommendation to a connection manager; and in response to the change recommendation, change, by the connection manager, the transfer of data from the first communication pathway to the second communication pathway. 14. The first mobile device of claim 13, wherein the second communication pathway has a higher bandwidth than the first communication pathway ( see Calin, par. 0066; access channel is considered available if it has sufficient bandwidth and/or acceptable latency to accommodate the new service flow ). 15. The first mobile device of claim 13, wherein the operations to monitor comprise operations to: determine, by the system process, that a transfer size exceeds a size threshold; and in response to the transfer size exceeding the size threshold, monitor one or more metrics measured of the devices state, the network state and the transfer state, or a combination thereof during the transfer of data ( see Calin, 0042, 0077, 0103 and 0121 ). 16. The first mobile device of claim 13, further comprising operations to: change the transfer of data from the second communication pathway to the first communication pathway; and initiate a change timer, wherein a change from the first communication pathway to the second communication pathway is prevented until a conclusion of the change timer ( Calin, par. 022, disclosure of claim 35 ). 17. A non-transitory, computer readable medium, the non-transitory computer readable medium storing instructions that when executed on one or more processors perform any one of more of operations to: initiating a transfer of data between a first mobile device and a second mobile device over a first communication pathway; monitor, by a system process of the first mobile device, one or more metrics measured of a device state, a network state, a transfer state, or a combination thereof during the transfer of data; generate, by the system process, a change recommendation using the one or more metrics, the change recommendation indicating a change from the first communication pathway to a second communication pathway; provide the change recommendation to a connection manager; and in response to the change recommendation, change, by the connection manager, the transfer of data from the first communication pathway to the second communication pathway. 18. The non-transitory, computer readable medium of claim 17, wherein the second communication pathway has a higher bandwidth than the first communication pathway ( see Calin, par. 0066; access channel is considered available if it has sufficient bandwidth and/or acceptable latency to accommodate the new service flow ). 19. The non-transitory, computer readable medium of claim 17, wherein the operations to monitor comprise operations to: determine, by the system process of the first mobile device, that a transfer size exceeds a size threshold; and in response to the transfer size exceeding the size threshold, monitor one or more metrics measured of the devices state, the network state and the transfer state, or a combination thereof during the transfer of data ( see Calin, 0042, 0077, 0103 and 0121 ). 20. The non-transitory, computer readable medium of claim 17, further comprising operations to: change the transfer of data from the second communication pathway to the first communication pathway; and initiate a change timer, wherein a change from the first communication pathway to the second communication pathway is prevented until a conclusion of the change timer ( Calin, par. 022, disclosure of claim 35 ) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 5 is 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. CONCLUSION This Action in Non-Final. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jude Jean-Gilles whose telephone number is 571-272-3914. The examiner can normally be reached on Mon-Fri, from 9:00AM-5:00PM. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUDE JEAN GILLES/Primary Examiner, Art Unit 2459 May 21, 2026 Application/Control Number: 19/061,221 Page 2 Art Unit: 2459 Application/Control Number: 19/061,221 Page 3 Art Unit: 2459 Application/Control Number: 19/061,221 Page 4 Art Unit: 2459 Application/Control Number: 19/061,221 Page 5 Art Unit: 2459 Application/Control Number: 19/061,221 Page 6 Art Unit: 2459 Application/Control Number: 19/061,221 Page 7 Art Unit: 2459 Application/Control Number: 19/061,221 Page 8 Art Unit: 2459 Application/Control Number: 19/061,221 Page 9 Art Unit: 2459 Application/Control Number: 19/061,221 Page 10 Art Unit: 2459
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