Prior art — US Patent 9179359

Analysis of Prior Art for U.S. Patent 9,179,359

This analysis examines the prior art cited during the prosecution of U.S. Patent 9,179,359 ("the '359 patent"). The '359 patent, titled "Wireless end-user device with differentiated network access status for different device applications," was filed on March 30, 2015, and claims a priority date of January 28, 2009. The core of the invention is a system on a wireless device that assesses network congestion and, based on this assessment, assigns different network access permissions to various applications running on the device.

Under 35 U.S.C. § 102, an invention is not patentable if it was already known or described in a printed publication before the effective filing date of the patent application. The following is an analysis of the most relevant prior art cited against the '359 patent.

1. U.S. Patent No. 7,792,102: "Method and apparatus for dynamic network traffic shaping"

Full Citation: US Patent 7,792,102 B2. Inventors: Cheriton, David R. Assignee: Cisco Technology, Inc.
Publication/Filing Dates: Filed: September 15, 2005. Issued: September 7, 2010.
Brief Description: This patent details a method for dynamically managing network traffic by classifying data packets into different "traffic classes." Each class is then subject to different shaping policies, which can adjust the rate at which packets are transmitted based on network conditions and the type of application. The system aims to optimize network performance and ensure that high-priority applications receive adequate bandwidth.
Potential Anticipation of Claims: This patent appears to be relevant to the core concepts of the '359 patent. It teaches the classification of traffic and the application of different policies based on network conditions.
- Claim 1: The '102 patent describes classifying traffic and applying policies, which aligns with the '359 patent's method of determining a network busy state and assigning a network access status.
- Claim 14: The '102 patent discloses an "apparatus" for performing its method, which could be interpreted as anticipating the "wireless end-user device" with a "service processor" as described in claim 14 of the '359 patent.
- Claim 23: The system described in the '102 patent would necessarily be implemented via software instructions on a computer-readable medium, thereby potentially anticipating the subject matter of claim 23.

2. U.S. Patent No. 8,385,207: "Method and apparatus for providing differentiated services in a wireless communication system"

Full Citation: US Patent 8,385,207 B2. Inventors: Laroia, Rajiv, et al. Assignee: QUALCOMM Incorporated.
Publication/Filing Dates: Filed: April 14, 2008. Issued: February 26, 2013.
Brief Description: This invention focuses on providing differentiated services in a wireless network by allocating network resources based on the type of service. It describes a system where different data flows are assigned different priorities, and the network schedules transmissions to meet the quality of service (QoS) requirements for each flow. This allows for preferential treatment of delay-sensitive applications like voice and video over less critical data transfers.
Potential Anticipation of Claims: The '207 patent's emphasis on differentiated services based on application type in a wireless environment is highly relevant to the '359 patent.
- Claim 1: The '207 patent's method of prioritizing data flows based on service type is analogous to the '359 patent's method of assigning a "network access status" to applications based on a policy.
- Claim 14: The "apparatus" in the '207 patent, which is a wireless device that implements this differentiated service, is structurally and functionally similar to the device claimed in claim 14 of the '359 patent.
- Claim 23: The functionality of the '207 patent would be carried out by software, making its teachings relevant to the computer-readable medium claim of the '359 patent.

3. U.S. Patent Application Publication No. 2008/0049619: "Congestion control in a wireless network"

Full Citation: US 2008/0049619 A1. Inventors: Julian, David J., et al.
Publication/Filing Dates: Filed: August 25, 2006. Published: February 28, 2008.
Brief Description: This application describes a method for controlling network congestion by having a mobile device monitor network conditions and adjust its data transmission rate accordingly. The device can also receive congestion information from the network's base station. This allows for a more dynamic and responsive approach to managing network load, particularly in a wireless environment.
Potential Anticipation of Claims: This publication directly addresses the concept of a device-centric approach to congestion management.
- Claim 1: The method of monitoring network conditions and adjusting transmissions is a core element of claim 1 of the '359 patent. The '619 publication's disclosure of a mobile device performing these actions is particularly relevant.
- Claim 14: The "mobile station" described in the '619 application performs a similar function to the "wireless end-user device" in claim 14 of the '359 patent.
- Claim 23: The described method would be implemented through software on the mobile device, thus potentially anticipating the non-transitory medium of claim 23.

4. U.S. Patent Application Publication No. 2008/0207198: "Application-aware traffic shaping"

Full Citation: US 2008/0207198 A1. Inventors: Sutaria, Jay, et al.
Publication/Filing Dates: Filed: February 27, 2007. Published: August 28, 2008.
Brief Description: This patent application discloses a system for managing network traffic based on the specific application generating the traffic. It allows a network operator to define policies that can prioritize, block, or rate-limit traffic from different applications. This "application-aware" approach enables more granular control over network resources.
Potential Anticipation of Claims: The '198 publication's focus on application-specific traffic management is a key element of the '359 patent's claims.
- Claim 1: The concept of defining policies for different applications and managing their traffic accordingly directly mirrors the method described in claim 1 of the '359 patent.
- Claim 14: The '198 publication describes a system that could be implemented on a wireless device to perform these functions, aligning with the device claimed in claim 14.
- Claim 23: The application-aware traffic shaping would be implemented as software instructions, making it relevant prior art for claim 23.

5. U.S. Patent Application Publication No. 2009/0004996: "Method and apparatus for providing differentiated quality of service (QoS) for a plurality of applications in a wireless device"

Full Citation: US 2009/0004996 A1. Inventors: Montemurro, Michael, et al.
Publication/Filing Dates: Filed: June 27, 2007. Published: January 1, 2009.
Brief Description: This publication details a method for a wireless device to manage Quality of Service (QoS) for multiple applications simultaneously. The device can prioritize traffic from different applications based on their QoS requirements, ensuring that high-priority applications receive preferential treatment for network resources.
Potential Anticipation of Claims: The '996 application, published just before the '359 patent's priority date, is highly pertinent.
- Claim 1: The method of providing differentiated QoS for a plurality of applications on a wireless device based on prioritization is a central concept in claim 1 of the '359 patent.
- Claim 14: The "wireless device" in the '996 application that performs this QoS management is directly comparable to the device in claim 14 of the '359 patent.
- Claim 23: The instructions for implementing this QoS management system would reside on a computer-readable medium as claimed in claim 23.

6. U.S. Patent Application Publication No. 2009/0196203: "System and Method for Providing Differentiated Network Services"

Full Citation: US 2009/0196203 A1. Inventors: Boni, Angelo, et al.
Publication/Filing Dates: Filed: January 31, 2008. Published: August 6, 2009.
Brief Description: This document describes a system for providing different levels of network service based on user profiles, device capabilities, and network conditions. It allows for the dynamic allocation of network resources to ensure that service level agreements are met and that network performance is optimized.
Potential Anticipation of Claims: The '203 publication discloses a system with many parallels to the '359 patent.
- Claim 1: The method of providing differentiated network services based on network conditions and predefined policies aligns closely with the method outlined in claim 1 of the '359 patent.
- Claim 14: The system described in the '203 publication could be embodied in a wireless device as claimed in claim 14.
- Claim 23: The implementation of this system would require software on a computer-readable medium, making it relevant to claim 23.

7. U.S. Patent Application Publication No. 2009/0252069: "Dynamic Bandwidth Management for Multiple Applications in a Wireless Device"

Full Citation: US 2009/0252069 A1. Inventors: Balasubramanian, Srinivasan, et al.
Publication/Filing Dates: Filed: April 3, 2008. Published: October 8, 2009.
Brief Description: This application presents a method for a wireless device to dynamically manage its available bandwidth among multiple running applications. The device monitors the bandwidth needs of each application and the overall network conditions to allocate bandwidth in a way that optimizes the user experience.
Potential Anticipation of Claims: This publication's focus on dynamic, on-device management of network resources for multiple applications is very similar to the '359 patent's invention.
- Claim 1: The method of dynamically managing bandwidth based on application needs and network conditions is a core component of the method claimed in claim 1.
- Claim 14: The wireless device that performs this dynamic bandwidth management is functionally equivalent to the device described in claim 14.
- Claim 23: The software that would execute this method on a device makes this publication relevant prior art for claim 23.