US 10237757

US Patent 10237757, titled "System and method for wireless network offloading," was issued on March 19, 2019, from an application filed on December 5, 2016. The current assignee is Headwater Research LLC, and the inventors are Gregory G. Raleigh, Alireza Raissinia, and James Lavine.

Abstract:
The patent describes a technique for wireless offloading, providing tools for a service provider (e.g., a cellular service provider) to encourage or direct a subscriber to offload data from a first network (e.g., cellular) to a second network (e.g., Wi-Fi). The service provider uses network data, potentially augmented by data from wireless devices (including Wi-Fi beacon frames or active scanning reports), to determine offloading priorities for subscribers. This data can include performance characterizations, connection data (like authentication success probability or delay), device location, timestamps for temporal variations, and motion traces. The system generates prioritized network lists, or network maps, which can be customized based on subscriber-specific data (account parameters, service plan, user preferences, performance history). Rules for adjusting priorities can incorporate a cost function with various parameters. Incentive offers, such as reduced service costs or improved services, can be provided to encourage subscribers to offload to alternative networks.

Plain-Language Overview of Independent Claims:

• Independent Claim 1 (System): This claim describes a system designed for wireless network offloading. It includes a network interface, one or more processors, and memory storing instructions. When executed, these instructions enable the system to:

  1. Obtain Wireless Network Data: Gather data from wireless devices, including detailed performance characteristics of wireless networks (e.g., data rate, throughput, latency, error rates, access attempt/success/failure counts, QoS levels, and their variability).
  2. Generate a Prioritized Network List: Create a list of preferred networks based on this data. This process involves characterizing the available capacity of these networks. The list is designed to instruct a wireless device to connect to a specific "first network" based on its available capacity.
  3. Receive Updated Performance Characterization: Continuously receive updated performance data from the "first network" to which the device is connected, with the same detailed performance characteristics as mentioned above.

• Independent Claim 11 (Method): This claim outlines a method for wireless network offloading, mirroring the functionality of the system claim. It involves the steps of:

  1. Obtaining Wireless Network Data: Collecting comprehensive performance data for wireless networks from multiple wireless devices.
  2. Generating a Prioritized Network List: Using a processor to create a prioritized list of networks, characterizing their available capacity, and configuring this list to direct a wireless device to connect to a "first network" based on its available capacity.
  3. Receiving Updated Performance Characterization: Getting updated performance data from the "first network" that the wireless device is connected to.

• Independent Claim 19 (Non-Transitory Computer Readable Storage Medium): This claim covers a non-transitory computer-readable storage medium containing instructions. When executed by one or more processors, these instructions cause a system to perform the same actions described in the method and system claims:

  1. Obtain Wireless Network Data: Gather detailed performance characterizations from wireless devices regarding available wireless networks.
  2. Generate a Prioritized Network List: Create a prioritized list of networks by characterizing their available capacity, with instructions for a wireless device to connect to a "first network" based on its capacity.
  3. Receive Updated Performance Characterization: Obtain updated performance data from the connected "first network."

Litigation Status (as of April 26, 2026):
The patent family is currently involved in litigation. Multiple US cases were filed in the Texas Eastern District Court (e.g., 2:25-cv-00917, 2:25-cv-00916, 2:25-cv-00920, 2:25-cv-00464, 2:25-cv-00462, 2:25-cv-00463) and the Texas Western District Court (e.g., 7:25-cv-00378, 7:25-cv-00377) in 2025. Additionally, a PTAB case, IPR2026-00048, was filed in 2026 but was not instituted on procedural grounds. The provided information does not indicate any specific appeals to the Court of Appeals for the Federal Circuit (CAFC) dockets for 2026.

As a patent attorney, I can confirm that US patent 10237757 has been involved in several litigation cases.

Here is a summary of the known litigation involving US patent 10237757:

1. Headwater Research LLC v. Comcast Cable Communications LLC

   • Plaintiff(s): Headwater Research LLC
   • Defendant(s): Comcast Cable Communications LLC
   • Jurisdiction: Texas Eastern District Court
   • Case Number: 2:25-cv-00917
   • Filing Date: August 29, 2025 (as of the information available, this appears to be a future date, implying the complaint analysis was generated prior to the actual filing).
   • Outcome/Current Status: The complaint alleges infringement by Comcast's cellular networks, servers, services, and mobile devices that implement wireless offloading functionalities on the Xfinity Mobile network. The patent claims a wireless end-user device that actively participates in the offloading decision.

2. Additional cases in Texas Eastern District Court (specific defendants not detailed in snippets):

   • Jurisdiction: Texas Eastern District Court

   • Case Number: 2:25-cv-00916

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

   • Jurisdiction: Texas Eastern District Court

   • Case Number: 2:25-cv-00920

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

   • Jurisdiction: Texas Eastern District Court

   • Case Number: 2:25-cv-00464

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

   • Jurisdiction: Texas Eastern District Court

   • Case Number: 2:25-cv-00462

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

   • Jurisdiction: Texas Eastern District Court

   • Case Number: 2:25-cv-00463

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

3. Cases in Texas Western District Court (specific defendants not detailed in snippets):

   • Jurisdiction: Texas Western District Court

   • Case Number: 7:25-cv-00378

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

   • Jurisdiction: Texas Western District Court

   • Case Number: 7:25-cv-00377

   • Filing Date: Not explicitly provided in the snippet, but context suggests it's related to cases filed in 2025.

   • Outcome/Current Status: Listed as active litigation.

4. PTAB Case IPR2026-00048

   • Plaintiff(s): Petitioner (not named in snippet)
   • Defendant(s): Headwater Research LLC (assignee of the patent)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2026-00048
   • Filing Date: Not explicitly provided in the snippet, but the case number indicates 2026.
   • Outcome/Current Status: Not Instituted - Procedural.

It appears that Headwater Research LLC, the current assignee of US10237757B2, is actively asserting this patent in various district court litigations, primarily in the Eastern and Western Districts of Texas. There has also been an attempt to challenge the patent at the PTAB, which was not instituted.

Proceedings overview

There is one AIA trial proceeding on file for US patent 10237757. The status is a discretionary denial, meaning no claims were invalidated or sustained. This gives a defendant limited defensive posture, as the patent claims have not been tested on the merits at the PTAB.

IPR2026-00048 — Google LLC et al. v. Headwater Research LLC

• Type: Inter Partes Review
• Filed: 2025-10-31
• Status: Discretionary Denial
• Judge panel: Not publicly available from the provided snippet.
• Petition grounds: Not publicly available from the provided snippet.
• Institution decision: Denied - 2026-03-27. The status indicates "Not Instituted - Procedural" and "Discretionary Denial". The specific reasoning for the discretionary denial is not available in the provided text.
• Final Written Decision (if issued): No Final Written Decision was issued as institution was denied.
• Settlement / termination: Not applicable, as institution was denied.
• Appeal: Not applicable, as institution was denied.
• Defensive value: This proceeding indicates that Google LLC attempted an IPR, but it was procedurally denied by the PTAB. This means the claims of US10237757 were not substantively reviewed, and the patent owner's claims remain untested at the PTAB. A future IPR petition on the same claims and grounds by Google LLC (or its privies) would likely be estopped under 35 U.S.C. § 315(e)(1), but other defendants or new prior art grounds may still be available.

Strategic summary

Currently, all claims of US10237757 are UNTESTED on the merits by the PTAB due to the discretionary denial of IPR2026-00048. The patent has not been narrowed through IPR.

Regarding the estoppel landscape, Google LLC (and its privies) are likely estopped from bringing the same or reasonably could have raised prior-art grounds against US10237757 in future PTAB proceedings or district court litigation under 35 U.S.C. § 315(e)(1). However, other potential defendants are not affected by this estoppel and could still pursue IPRs based on any available prior art.

The pattern signals indicate that Headwater Research LLC is actively asserting this patent in district courts, as evidenced by multiple ongoing litigations in the Texas Eastern and Western District Courts. The attempt by Google LLC to invalidate the patent at the PTAB, even if procedurally denied, suggests that the patent is considered a threat in the industry. The involvement of Unified Patents in reporting the PTAB case further indicates a defensive aggregator's interest in challenging this patent family.

Recommended next steps

Since the IPR was discretionarily denied, no claims were invalidated. For a defendant currently being asserted against, the absence of a substantive PTAB review means the patent claims have not been robustly tested. It would be advisable to:

1. Thoroughly review the publicly available decision for IPR2026-00048 on the USPTO PTAB E2E portal to understand the specific reasoning behind the discretionary denial and determine if the underlying issues could be addressed in a new petition.
2. Conduct a comprehensive prior art search to identify new and stronger prior art grounds that were not (or could not reasonably have been) raised in IPR2026-00048, particularly if considering filing a new IPR petition.
3. Analyze the ongoing district court litigations to understand the specific infringement theories being asserted by Headwater Research LLC and how they relate to the claims of US10237757.
4. Given the patent owner's active assertion of the patent, a defendant should consider a strong invalidity defense in district court, potentially alongside a new IPR petition if compelling new prior art is found.

Inventors

• Gregory G. Raleigh: Headwater Research LLC (at time of last known assignment to Headwater Research LLC in 2017)
• Alireza Raissinia: Headwater Research LLC (at time of last known assignment to Headwater Research LLC in 2017)
• James Lavine: Headwater Research LLC (at time of last known assignment to Headwater Research LLC in 2017)

It's difficult to definitively determine their employer at the exact time of filing (2016-12-05) from the provided information, but the reassignments indicate they were assignors to Headwater Partners I LLC on the filing date, and subsequently, Headwater Research LLC.

Original assignee

The original assignee, as listed on the issued patent US10237757B2, is Headwater Research LLC.

It is unclear from the provided patent text and Google Patents information whether Headwater Research LLC shipped a product embodying the claims. Their primary line of business appears to be patent assertion, given the extensive litigation history. Headwater Research LLC is currently operating, as evidenced by the active litigation cases filed in 2025 and 2026.

Assignment timeline

• 2016-12-05 (executed) / recorded 2016-12-05 — Reel 038848/0927

  • Conveyance: Assignment of Assignors Interest
  • Assignor: LAVINE, JAMES, RAISSINIA, ALIREZA, RALEIGH, GREGORY G.
  • Assignee: HEADWATER PARTNERS I LLC
  • Correspondent: Patent Compliance Center, 2400 Sand Hill Road, Suite 200, Menlo Park, CA 94025.
  • Context: Transfer to an intermediate entity, likely for internal reorg/holding.

• 2017-01-05 (executed) / recorded 2017-01-05 — Reel 039017/0472

  • Conveyance: Merger and Change of Name
  • Assignor: HEADWATER MANAGEMENT LLC, HEADWATER PARTNERS I LLC
  • Assignee: HEADWATER RESEARCH LLC
  • Correspondent: Patent Compliance Center, 2400 Sand Hill Road, Suite 200, Menlo Park, CA 94025. This correspondent recurs in this chain.
  • Context: Internal corporate restructuring and change of name, resulting in the patent being assigned to Headwater Research LLC.

Timeline diagram

timeline
    title Ownership of US 10237757
    2009 : Priority date
    2016 : Application filed
         : Assigned by inventors to Headwater Partners I LLC
    2017 : Headwater Partners I merges to Headwater Research LLC
    2019 : Patent issued
    2025 : First infringement suit filed

NPE / troll-pattern signals

1. Shell-entity transfer — present. The transfer from the individual inventors to HEADWATER PARTNERS I LLC (executed and recorded 2016-12-05, Reel 038848/0927) and then the subsequent merger and change of name to HEADWATER RESEARCH LLC (executed and recorded 2017-01-05, Reel 039017/0472) suggests a structuring of entities for holding and asserting patents. The lack of information about Headwater Research LLC shipping products, coupled with the extensive litigation, supports this.

2. Known asserter in the chain — present. Headwater Research LLC is actively involved in patent litigation, as evidenced by the numerous district court cases filed in 2025 and 2026, and a PTAB case. This pattern is consistent with a patent asserting entity.

3. Repeat correspondent across the chain — present. "Patent Compliance Center, 2400 Sand Hill Road, Suite 200, Menlo Park, CA 94025" appears as the correspondent for both the 2016-12-05 assignment (Reel 038848/0927) and the 2017-01-05 merger/change of name (Reel 039017/0472).

4. Cascading transfers — present. There are two transfers in quick succession (less than 24 months): the initial assignment by the inventors to Headwater Partners I LLC on 2016-12-05, followed by the merger into Headwater Research LLC on 2017-01-05. Both used the same correspondent.

5. Pre-litigation transfer — unclear. While the assignment chain concludes with Headwater Research LLC in early 2017 and the first litigation mentioned is in August 2025, there's a significant time gap. It's possible there were other transfers not publicly recorded, or the decision to litigate was made much later. However, the timing of the assignments relative to the priority date (2009-01-28) and application filing date (2016-12-05) suggests the patent rights were being organized prior to the patent's issuance (2019-03-19) and subsequent assertion.

6. Bankruptcy fire-sale — not present. There is no indication in the provided data that the patent was transferred due to a bankruptcy proceeding.

7. Privateering — unclear. While Headwater Research LLC appears to be an asserting entity, there's no explicit information in the provided context to suggest it is asserting on behalf of a specific operating company against competitors.

8. Defensive aggregator (anti-NPE) — not present. The chain terminates at Headwater Research LLC, an entity engaged in litigation, not a defensive aggregator.

Verdict

NPE — high confidence. The presence of multiple strong signals, including transfers to shell-like entities (Headwater Partners I LLC and Headwater Research LLC), Headwater Research LLC's identification as a known asserter through extensive litigation, and the recurrence of the same correspondent across the assignment chain (Reel 038848/0927 and 039017/0472), strongly indicates an NPE pattern. The cascading transfers further reinforce this.

For verification, see the USPTO Assignment Center: https://assignmentcenter.uspto.gov/ and search for patent number 10237757.

To identify the most relevant prior art for US patent 10237757, I will examine the "Patent citations" section, which lists documents cited against the patent during its prosecution. I'll focus on the references that appear to directly address the core inventive concept of wireless network offloading using device-assisted data and prioritized lists.

Based on the provided snippets, here's an analysis of relevant prior art, considering a priority date of January 28, 2009, for US10237757:

Directly Cited Patent within US10237757 Description (Cross-Referenced Applications)

1. U.S. Ser. No. 13/134,005

   • Full Citation: U.S. patent application Ser. No. 13/134,005, filed May 25, 2011, entitled “System and Method for Wireless Network Offloading”
   • Publication/Filing Date: Filed May 25, 2011 (This is a later filing date than US10237757's priority date, meaning it would likely not be prior art, but a related application with shared subject matter).
   • Brief Description: This is a related application titled "System and Method for Wireless Network Offloading," indicating it covers similar subject matter. Given its later filing date, it is likely a continuation or divisional application, and its content would be part of the same inventive family rather than prior art.
   • Potential Anticipation (35 U.S.C. § 102): Not applicable as prior art due to its later filing date relative to the priority date of US10237757. It is incorporated by reference, suggesting it contributes to the background or further detailed aspects of the invention rather than representing an anticipatory prior art reference.

2. U.S. Ser. No. 12/380,778

   • Full Citation: U.S. Ser. No. 12/380,778 filed Mar. 2, 2009, entitled “Verifiable Device Assisted Service Usage Billing with Integrated Accounting, Mediation Accounting, and Multi-Account”
   • Publication/Filing Date: Filed March 2, 2009.
   • Brief Description: This application describes verifiable device-assisted service usage billing, including integrated accounting and multi-account features. While related to device-assisted services, its primary focus is on billing and accounting rather than the core offloading mechanism.
   • Potential Anticipation (35 U.S.C. § 102): Unlikely to anticipate the core offloading claims of US10237757 directly, as its emphasis is on billing. However, elements related to "device assisted services (DAS)" and reporting of usage for billing purposes could be considered relevant for establishing that the concept of devices aiding in service management was known around the priority date.

3. U.S. Ser. No. 12/380,780

   • Full Citation: U.S. Ser. No. 12/380,780 filed Mar. 2, 2009, entitled “Automated Device Provisioning and Activation”
   • Publication/Filing Date: Filed March 2, 2009.
   • Brief Description: This application concerns automated device provisioning and activation. While devices are central to US10237757, this reference focuses on initial setup rather than ongoing network selection and offloading.
   • Potential Anticipation (35 U.S.C. § 102): Unlikely to anticipate the core offloading claims of US10237757 directly. It may contribute to the understanding of device management in a network context around the priority date.

Cited Patent (from Google Patents "Patent citations" section)

1. US8559369B2 (Wireless internet system and method)

   • Full Citation: US8559369B2, "Wireless internet system and method", Inventors: Moked, et al., Publication Date: October 15, 2013, Filing Date: July 29, 2009.
   • Publication/Filing Date: Filing Date: July 29, 2009 (This is a later filing date than US10237757's priority date of January 28, 2009).
   • Brief Description: This patent describes a wireless internet system and method. Key aspects include using existing standards (or modifications), reporting to users for approval, interaction with firewalls/antivirus, targeted banners based on user location, and using wireless internet coverage obtained by laptops for other devices like wireless IP phones or cellular phones with built-in WiFi. It also mentions incentives for users to allow their computers to connect others.
   • Potential Anticipation (35 U.S.C. § 102): Despite the later filing date, the concepts within US8559369B2 are highly relevant to the general field of wireless network usage and offloading. For instance, the idea of using a device (like a laptop) to provide internet coverage for other devices (cellular phones with Wi-Fi) touches upon the core of offloading traffic to alternative networks. The concept of "incentives for a user to allow his computer to connect others" directly relates to the incentivized network selection in US10237757. If the priority date of US8559369B2 predates US10237757's priority date, or if it represents public knowledge prior to January 28, 2009, then these concepts, particularly regarding device-to-device sharing and incentives, could be relevant to the inventive concept of US10237757. Specifically, claims relating to incentivizing users to offload or to connect to certain networks (as described in the abstract of US10237757) could be potentially anticipated by, or rendered obvious in light of, the general knowledge embodied by such disclosures, assuming an earlier effective date.

2. US10785319B2 (IP device discovery systems and methods)

   • Full Citation: US10785319B2, "IP device discovery systems and methods", Inventors: Dawson, et al., Publication Date: September 22, 2020, Filing Date: January 20, 2014.
   • Publication/Filing Date: Filing Date: January 20, 2014 (This is a later filing date than US10237757's priority date). The earliest priority date for this patent is June 12, 2006, from U.S. Provisional Application No. 60/804,550.
   • Brief Description: This patent describes systems and methods for Internet Protocol (IP) device discovery implemented in a control network, including a gateway device, a router, and an IP device at a location. It also discusses a location management system and premises management services (energy, security, safety).
   • Potential Anticipation (35 U.S.C. § 102): Although this patent has a much later publication date, its earliest priority date (June 12, 2006) precedes the priority date of US10237757 (January 28, 2009). Therefore, its disclosure could be considered prior art. Elements relating to "location management systems" and "IP device discovery" at a location are relevant to US10237757's use of device location and network scanning to identify available networks. While its primary focus isn't network offloading, the underlying mechanisms for identifying and locating devices and managing their connections could potentially anticipate aspects of how US10237757 obtains wireless network data and generates prioritized lists based on location. For instance, if Claim 1 of US10237757 involves obtaining location-aware network data, this reference could be highly relevant.

General Observations on Prior Art:

The explicit incorporation by reference of IEEE 802.11k-2008 in US10237757 itself (as mentioned in the Obviousness section) is significant. This standard enables wireless devices to measure and report radio environment information, which directly supports the "obtaining wireless network data from a plurality of wireless devices" aspect of US10237757's independent claims. While it's a standard and not a patent, it represents publicly available technical knowledge at or before the priority date.

Given the priority date of US10237757 (January 28, 2009), any patent or publication with an effective date before this date would be considered prior art. The "Related U.S. Publications" cited within US10237757, while filed slightly after, generally describe concepts that were either already known or being developed around the priority date by the same inventors, which could also be relevant for an obviousness analysis under 35 U.S.C. § 103.

For the independent claims (1, 11, and 19), which all center on obtaining wireless network data, generating a prioritized network list based on available capacity, and receiving updated performance characterization, the prior art references would be scrutinized for disclosures related to:

• Device-assisted data collection: Devices actively scanning and reporting network performance.
• Network characterization: Determining available capacity, data rates, latency, etc.
• Prioritization/Selection: Using collected data to create a ranked list of networks and guide device connection.
• Continuous monitoring: Receiving updated performance data from the connected network.

US10785319B2, with its earlier priority date, and the general concepts in US8559369B2 (assuming the underlying concepts were public before Jan 28, 2009), along with the explicitly incorporated IEEE 802.11 standards (especially 802.11k), are the most promising avenues for prior art challenges against US10237757.

The following analysis addresses the obviousness of US patent 10237757 under 35 U.S.C. § 103, considering prior art available as of its priority date of January 28, 2009. The analysis will identify combinations of prior art references that would render the patent's claims obvious and explain the motivation for a person having ordinary skill in the art (PHOSITA) to combine them. Given that specific claims are not provided in the prompt, this analysis will proceed by considering the overall inventive concept as described in the patent's title and detailed description, focusing on the core elements of a system and method for wireless network offloading.

A PHOSITA in this field by January 28, 2009, would possess expertise in wireless communication standards (e.g., IEEE 802.11, cellular technologies), network management, mobile device capabilities, and data analytics for network optimization. They would be familiar with concepts such as hand-off/reselection, Quality of Service (QoS), network performance metrics, and the economic and technical challenges of managing data traffic in converged wireless environments.

Obviousness Analysis of US10237757

Core Inventive Concept of US10237757:
US10237757 describes a "System and method for wireless network offloading," which primarily involves using device-assisted services (DAS) to gather network performance data, generate prioritized network lists, and direct or incentivize wireless devices to offload from a first network (e.g., cellular) to a second network (e.g., Wi-Fi). Key features include:

• A wireless network offloading engine (106) on a server that receives data from wireless devices (102).
• Wireless devices performing Available Network Characterization Scans (ANCS) to report performance characteristics (e.g., data rate, latency, QoS).
• The engine generating a multi-dimensional network map or prioritized network list based on ANCS reports, device-specific information (location, motion trace, performance history, applications, cost function), and other network data.
• The device using this list to intelligently select and connect to a network for offloading.
• Mechanisms for differential network access control, monitoring network busy states, and offering incentives for network selection.
• A Service Design Center (SDC) (1208) for service providers to configure offloading parameters, charging rates, and incentives.

Prior Art References and Concepts (as identified within US10237757):

1. IEEE 802.11 Standards (e.g., 802.11TM-2007, 802.11k-2008, 802.11r-2008): These standards, explicitly incorporated by reference, define fundamental aspects of Wi-Fi (WLAN) operation.

   • IEEE 802.11k-2008 (Radio Resource Measurement): This standard enables Wi-Fi client devices (stations) to perform measurements of their radio environment and report this information to access points (APs) or a central network entity. The reports can include data on neighboring APs, channel utilization, and signal strength. This directly relates to the ANCS reports and the device's role in collecting network data as described in US10237757.
   • IEEE 802.11r-2008 (Fast Basic Service Set Transition): Addresses improving hand-off efficiency and reducing latency as devices move between APs within the same Extended Service Set (ESS), highlighting the known challenge of seamless wireless transitions.

2. General Knowledge of Cellular Networks and Wi-Fi Offloading: By 2009, cellular networks (2G, 3G) were prevalent, and the issue of network congestion was well-understood. The concept of offloading data traffic from congested cellular networks to less expensive or more available Wi-Fi networks was a recognized engineering and economic challenge and an active area of research and development. The patent itself mentions "offloading data traffic onto femto cells or WiFi hotspots" as a means for operators to manage congestion.

3. Device Assisted Services (DAS) Concepts: US10237757 explicitly describes DAS as "network assisted/based techniques to provide for network service usage monitoring of devices." It further elaborates that DAS enables "network carriers/operators [to be] provided greater insight into what devices, which users and what applications, and when and where network congestion problems occur, enabling operators to intelligently add additional resources to certain areas when necessary (e.g., offloading data traffic onto femto cells or WiFi hotspots and adding more network resources), to differentially control network service usage, and/or to differentially charge for network service usage based on, for example, a network busy state, for protecting network capacity." This demonstrates that the core idea of using device-reported data for intelligent network management and offloading decisions was already known or contemplated by the priority date.

4. Related U.S. Publications (e.g., US2010/0188975, US2010/0192170, US2010/0191612): While filed slightly after the priority date of US10237757, these applications are incorporated by reference and describe the SDC (1208), which is presented as an integral component for configuring the offloading service in US10237757. This indicates that the underlying concepts discussed in these related applications, such as device-assisted service policy implementation, service profile management with user preference, and usage monitoring with reporting, were within the sphere of knowledge of the inventors and a PHOSITA around the priority date.

Motivation for Combination and Obviousness Argument

A PHOSITA, aiming to solve the problem of cellular network congestion and to efficiently utilize available wireless resources (e.g., Wi-Fi), would have been motivated to combine the existing capabilities of wireless standards with the recognized benefits of device-assisted network management.

Combination of IEEE 802.11k-2008 + General Knowledge of Cellular/Wi-Fi Offloading + DAS Concepts:

• Motivation: The primary motivation would be to alleviate congestion on primary networks (e.g., cellular) and enhance user experience by directing traffic to more suitable alternative networks (e.g., Wi-Fi). The economic advantages of offloading to less costly Wi-Fi networks would also be a strong driver for service providers.
• Combination:
  1. Device-Side Data Collection (IEEE 802.11k): A PHOSITA would recognize that IEEE 802.11k provides a standardized mechanism for client devices to actively measure and report characteristics of available Wi-Fi networks (e.g., signal strength, channel quality). This directly enables the "obtaining wireless network data from a plurality of wireless devices" feature of US10237757.
  2. Centralized Processing and Decision Making (DAS Concepts): The established principles of DAS, as described in US10237757, explicitly advocate for devices to perform "network service usage monitoring" and report this to "network elements" (e.g., a "wireless network offloading engine 106") to enable "intelligent offloading data traffic." This provides the framework for a server to process the collected 802.11k-like data.
  3. Prioritized Network List Generation and Connection: Once a central entity (server) receives comprehensive network performance data from multiple devices, it would be an obvious engineering task for a PHOSITA to process this data to "generate a prioritized network list" or "multi-dimensional network map." This list would rank available networks based on various criteria (e.g., reported performance, predicted congestion, service provider policies, device-specific needs like application QoS requirements). Instructing the device to then "connect to a network from the prioritized network list" would be the logical outcome of such a prioritization process to achieve the offloading objective.

Specific Features and their Obviousness:

• Customizing lists based on device-specific information (location, motion trace, performance history, applications, cost function):

  • Location: Integrating location data into network selection was a known practice by 2009 for handover optimization and location-based services.
  • Motion Trace: A PHOSITA would understand that a rapidly moving device (detectable via location changes over time, i.e., a "motion trace") might not benefit from offloading to short-range, transient Wi-Fi networks. Incorporating velocity into network selection logic would be an obvious refinement to avoid frequent, disruptive hand-offs.
  • Performance History: Using historical data to predict future network performance or reliability is a common data analytics technique and would be an obvious enhancement for a system aiming for intelligent network selection.
  • Applications/QoS: Matching network capabilities to application-specific QoS requirements (e.g., low latency for VoIP) was well-known in network management.
  • Cost Function: Employing a "cost function" to weigh various parameters (network performance, economic cost, reliability, user preferences) in an optimization problem is a standard engineering approach to decision-making.

• Incentivized Network Selection: The SDC (1208) in US10237757 explicitly enables service providers to "set charging rates... to motivate users to switch between wireless connections." This demonstrates that offering incentives (e.g., discounts, improved services) to influence user behavior and achieve network management goals (like offloading) was a known business and operational strategy. Applying this to network selection would be obvious for a PHOSITA within the business context.

Conclusion:

The combination of known elements and concepts, including the network measurement and reporting capabilities of IEEE 802.11k-2008, the pervasive problem of cellular congestion and the recognized benefits of Wi-Fi offloading, and the principles of Device Assisted Services (DAS) for intelligent network management, would have made the claims of US10237757 obvious to a person having ordinary skill in the art by January 28, 2009. The motivation for combining these elements stems from the clear need to optimize wireless network utilization, manage congestion, and enhance user experience and economic efficiency. The specific refinements such as incorporating location, motion traces, performance history, application requirements, and incentives into the prioritization scheme are all logical extensions and applications of existing knowledge within the field.