Obviousness

Obviousness Analysis of US10321320 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US patent 10321320 obvious to a person having ordinary skill in the art (PHOSITA) as of the priority date of January 28, 2009. The motivation for combining these references will also be explained.

Key Elements of Independent Claims

For this analysis, we will consider the key elements of the independent claims:

• Independent Claim 1 (System):

  • A service processor implemented on a device, configured to manage device communications.
  • A service controller configured to manage one or more service policies associated with the device.
  • A control plane communication link to enable the service processor and the service controller to exchange control plane communications using one or more out-of-band communication resources.

• Independent Claim 20 (Device):

  • A device comprising a service processor configured to manage device communications, the service processor comprising:
    • An authorization agent configured to manage authorization for network services.
    • A billing agent configured to manage billing for network services.
    • A usage monitoring agent configured to manage usage monitoring for network services.
  • The service processor is further configured to exchange control communications with a service controller external to the device via a control plane communication link that uses one or more out-of-band communication resources, where the service controller manages service policies.

• Independent Claim 21 (Method):

  • Managing communications of a device using a service processor implemented on the device.
  • Managing one or more service policies associated with the device using a service controller.
  • Enabling control communications between the service processor and the service controller using a control plane communication link that uses one or more out-of-band communication resources.

Combination of Prior Art References and Motivation

A combination of prior art references, including US8271057 to Siegel et al., US20040039803A1 to Krishnaswamy et al., PCT/FI00/00530 to Nokia Corporation, EP2761805B1 to Intel Corporation, and EP2008237A1, would render the claims obvious.

Obviousness Argument for Claims 1 and 21 (System and Method)

1. Service processor implemented on a device, configured to manage device communications:

   • US8271057 (priority before March 16, 2009) discloses systems and methods for "condition-based activation, shut-down and management of applications of mobile devices". It describes controlling a monitored application on a mobile device based on usage patterns and collected information. This demonstrates a device-side component capable of managing device communications by monitoring and controlling application behavior.
   • EP2008237A1 (priority June 15, 2007) describes a "mobile payment platform and service" that allows users to make and receive payments using mobile devices, implying device-side management of financial communications.

2. Service controller configured to manage one or more service policies associated with the device:

   • US20040039803A1 (published in 2004) discloses a "unified policy-based management system" including a "policy server (PS)" that stores policy rules defining Quality of Service (QoS) requirements for network subscribers. This policy server retrieves and pushes these policy rules to "Policy Enforcement Agents (PEAs)" for enforcement at network nodes. This clearly functions as a service controller managing service policies.
   • PCT/FI00/00530 (filed June 13, 2000) describes moving "the control of the services away from the switching centre to a separate intelligent network functional unit which in the following will be called a service control point SCP." This SCP is configured to control services, acting as a service controller managing service policies within a telecommunications network.

3. Control plane communication link to enable the service processor and the service controller to exchange control plane communications using one or more out-of-band communication resources:

   • EP2761805B1 (priority January 25, 2008) explicitly teaches "out-of-band remote authentication" for devices. It describes utilizing "out-of-band (OOB) communication" to query, restore, and protect devices remotely, even when powered off, independent of the operating system or application software. This reference demonstrates the use of out-of-band resources for critical control and management communications with a device.

Motivation for Combination (Claims 1 and 21):
A PHOSITA in mobile network management, around 2009, would have been motivated to combine these known elements to address the challenges of increasing mobile data usage, managing network capacity, and offering flexible service plans. The patent itself notes the problems of "increasing service demand per user" and the need to "better manage overall network capacity" and "better manage end user access costs."

• Enhanced Control and Flexibility: Integrating device-side management of communications (as in US8271057 and EP2008237A1) with a centralized policy controller (like the policy server in US20040039803A1 or the SCP in PCT/FI00/00530) would allow for more granular and dynamic service policy implementation. This enables more refined control over user experience and resource consumption on the device, as noted in the patent's goal of "decomposing overall service usage into finer sub-categories of activities" for optimization.
• Improved Security and Reliability for Control: The growing complexity of mobile devices and services necessitated a robust and secure way for service providers to manage device behavior and enforce policies. EP2761805B1 highlights the benefits of out-of-band communication for remote device management and security. A PHOSITA would recognize that using such an out-of-band link for critical control plane communications between a central service controller and a device-side service processor would enhance the reliability and security of policy enforcement, especially when the primary data channel might be congested or compromised, or for functions requiring interaction independent of the main OS (e.g., policy updates, billing events). The patent explicitly mentions the risk of "Device based billing can be compromised, hacked and/or spoofed" and states a need for "verifiable device assisted and/or network based service policy implementation," further motivating the use of a secure, out-of-band channel for control.

Obviousness Argument for Claim 20 (Device)

1. A device comprising a service processor configured to manage device communications:

   • As established above for Claims 1 and 21, US8271057 describes a mobile device managing and controlling applications and monitoring usage, embodying the "service processor" functionality.
   • EP2008237A1 shows mobile devices facilitating payments, implying a processor managing these financial communications.

2. The service processor comprising an authorization agent configured to manage authorization for network services; a billing agent configured to manage billing for network services; and a usage monitoring agent configured to manage usage monitoring for network services:

   • US8271057 teaches "controlling a monitored application of the mobile device in response to the determination and according to usage patterns," directly disclosing a "usage monitoring agent" within the device's management component.
   • EP2008237A1 describes mobile devices enabling payments, which inherently involves a "billing agent" for managing payment aspects. While not explicitly named, the functionality of processing payments on the device for an account implies the presence of a billing function. Furthermore, the concept of a "Policy Enforcement Agent (PEA)" from US20040039803A1, combined with the recognition of the advantages of localizing such functions, would lead a PHOSITA to implement authorization and billing functionality as agents on the device.

3. wherein the service processor is further configured to exchange control communications with a service controller that is external to the device via a control plane communication link that uses one or more out-of-band communication resources, and wherein the service controller is configured to manage one or more service policies associated with the device:

   • This element is covered by the combination discussed for Claims 1 and 21. Specifically, the "service processor" (from US8271057) exchanges control communications with the external "service controller" (from US20040039803A1 or PCT/FI00/00530) via an "out-of-band communication link" (as taught by EP2761805B1). EP2761805B1 specifically notes that a micro-controller system on a platform can "enforce policies received from a remote agent (e.g., ... SP, etc.) via a coupled network."

Motivation for Combination (Claim 20):
The motivation for integrating authorization, billing, and usage monitoring agents directly into a device's service processor, and linking them to an external service controller via an out-of-band channel, would be to gain significant advantages in managing mobile services:

• Improved User Experience and Efficiency: Localizing these agents on the device (as suggested by US8271057 for usage and EP2008237A1 for payments) allows for more immediate responses to user actions, real-time feedback on usage and costs, and streamlined authorization processes, thereby enhancing the user experience. This also reduces the need for constant network interaction for every minor authorization or usage update, conserving bandwidth.
• Support for Diverse and Scalable Service Plans: The patent states a need for "more sophisticated, more specialized and more scalable billing and service plans." Implementing flexible, on-device agents for authorization and billing would enable service providers to offer a wider variety of dynamic pricing models and personalized service tiers without requiring complex and expensive modifications to core network infrastructure (e.g., Deep Packet Inspection systems).
• Robust and Secure Policy Enforcement: Given the patent's explicit concern about the compromise of "device based billing," there would be a strong motivation to ensure that the device-side agents for authorization, billing, and monitoring could be reliably managed and updated by a central authority. Connecting these agents to an external service controller via an out-of-band channel, as taught by EP2761805B1, provides a secure and verifiable mechanism for policy distribution and enforcement, even if the primary data channel is unreliable or subject to tampering. This ensures the integrity of billing and authorization processes critical for service provider profitability and user trust.

In conclusion, the combination of a device-side component managing communications and applications, a network-side controller managing service policies, and the use of out-of-band communication for control plane interactions between them, including specific agents for authorization, billing, and usage monitoring on the device, would have been obvious to a PHOSITA seeking to improve mobile network management efficiency, flexibility, security, and the user experience in the face of increasing data demands and diverse service offerings before January 28, 2009.