Prior art

To identify the most relevant prior art for US patent 8738040, I will focus on the references explicitly cited within the patent text itself, as these are the ones the applicant and examiner considered most pertinent. I will then perform a more detailed analysis of those cited references.

US Patent 8738040: Method and system for monitoring a mobile station presence in a special area

Publication Number: US8738040B2
Filing Date: 2007-03-27
Publication Date: 2014-05-27
Applicant: AFIRMA CONSULTING & TECHNOLOGIES SL
Inventor: Carlos Alberto Pérez Lafuente

The patent describes a method for monitoring the presence of a mobile station in a special area. The core innovation lies in associating the special area with the mobile station by transmitting "checking data" to the mobile station. This checking data is then used by the mobile station to determine if a received defining signal is distinctive of the special area, eliminating the need to modify radio transmitting devices or for those devices to store mobile station identities.

Most Relevant Prior Art

The patent explicitly discusses two prior art documents in detail, highlighting their limitations which the present invention aims to overcome. These are:

1. US20020094801
2. WO 00/27152

Detailed Analysis of Cited Prior Art:

1. US20020094801 (Published Patent Application no US20020094801)

   • Full Citation: US20020094801A1, although the patent refers to it as "published patent application no US20020094801".
   • Publication/Filing Date: The US patent 8738040 document mentions this as a "published patent application", implying a publication date prior to the priority date of US8738040 (2006-03-28). However, without further searching, the exact publication or filing date from the provided text is not available.
   • Brief Description: This document describes a technical solution where a fixed station sends an encoded first signal, and its coverage defines a special area. The fixed station and a mobile station in the special area are linked via the signal code. To prevent abuse, an embodiment proposes equipping the fixed station with receiving and comparison means for an access code, which is applied to the fixed station via the mobile station to activate it.
   • Anticipated Claim(s) (under 35 U.S.C. § 102): US20020094801 describes the concept of a fixed station defining a special area by transmitting an encoded signal, and a mobile station using this area being linked by a signal code. This could potentially anticipate aspects of Claim 1 of US8738040, particularly regarding the transmission of a distinctive defining signal by a radio communication defining device to define a special area and the mobile station processing a received signal to determine if it is a defining signal. However, US8738040 distinguishes itself by the "checking data" being transmitted to and stored in the mobile station, and the fixed station not needing to store all mobile station identity codes or activation codes. The lack of flexibility and the need for the fixed station to have comparison means for an access code in US20020094801 are specifically highlighted as limitations overcome by US8738040.

2. WO 00/27152 (International Application WO 00/27152)

   • Full Citation: WO 00/27152 A1, although the patent refers to it as "international application WO 00/27152".
   • Publication/Filing Date: The patent identifies this as an "international application WO 00/27152", implying a publication year of 2000. Without further searching, the exact publication or filing date from the provided text is not available.
   • Brief Description: This document offers a solution for locating a mobile station using a "guide unit" that broadcasts a short-range radio signal defining a "home area." The short-range radio signal contains the identity code of the mobile station, which identifies its own identity code to notify a mobile switching center that it is in its home area. The mobile station then transmits a home message, which can be used to define the price/service for calls.
   • Anticipated Claim(s) (under 35 U.S.C. § 102): WO 00/27152 presents a method for a mobile station to detect its presence in a defined area ("home area") and transmit this information to a mobile network for service adjustments. This directly relates to several steps in Claim 1 of US8738040, such as a radio communication defining device transmitting a signal that defines a special area, the mobile station processing the signal to determine its presence, and sending an updating signal to the mobile telephone network to adapt operating parameters.

   However, US8738040 strongly differentiates itself by pointing out the inflexibility of WO 00/27152. Specifically, it notes that WO 00/27152 requires the "guide unit" (radio communication defining device) to know the identity of the mobile station, and that adding new special areas for a mobile station would necessitate modifying the guide units. US8738040 states that its invention "brings the flexibility needed to activate a special way of operating a mobile station in a special area by transmitting a checking data that will be stored in a mobile station database without having to modify, by way of introducing any new data (notably the identity code of said mobile station), at least one radio communication defining device like in the aforementioned international patent application WO 00/27152." Therefore, the novelty of US8738040 lies in shifting the burden of identity management and configuration from the radio defining device to the mobile station and the network's special operating means, using generic checking data rather than mobile-station-specific identity codes in the defining signal. This distinction is crucial for arguing non-anticipation under 35 U.S.C. § 102.

Note on 35 U.S.C. § 102:
35 U.S.C. § 102 (pre-AIA) concerns novelty and states that a person shall be entitled to a patent unless "the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent" or "the invention was described in a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent or on an international application by another who has afforded a filing date in the United States of America before the invention by the applicant for patent." In essence, if all elements of a claim are present in a single prior art reference, that claim is anticipated under § 102.