Appeal No. 2005-2584
Application No. 09/897,331
Claim 1 thus inherently imposes a specific order of execution on its recited
method steps: a message is first transmitted from a location server to a BSS
[Base Station Subsystem]. It is then forwarded from the BSS to a serving GPRS
[General Packet Radio Service] support node. Finally, the message is forwarded
from the serving GPRS support node to the mobile station. No other ordering of
the method steps is logically possible, as one of ordinary skill in the art would
readily recognize.
The combination of Aarnio and Haeggstrom does not disclose this order of
message transmission and forwarding – that is, it does not disclose the network
routing of a message from a location server to a mobile station recited in claim 1.
Aarnio discloses transmitting messages between a location server and a mobile
station precisely in the dotted-line route of Figure A above [figure A of appellants’
arguments omitted] –from the location server directly to/through the GPRS
network, which then forwards them to a BSS for transmission to the mobile
station. Aarnio, Figure 1 . In one embodiment, Aarnio interposes the Internet
between the GPRS and the location server. Id. However, this does not alter the
message routing within the wireless network. Nowhere does Aarnio teach or
suggest sending location service messages from a location server to a BSS, from
the BSS to a serving GPRS support node, and from the serving GPRS support
node to the mobile station, as recited in claim 1.
Haeggstrom does not cure the failure of Aarnio to teach the method (and
hence the network message routing) of claim 1. Haeggstrom discloses routing
speech data packets along the same path as Aarnio: from a mobile station
through a base transceiver station and base station controller (i.e. a BSS), to a
serving GPRS support node (SGSN) and across the Internet to terminal
equipment (TE).
In response to appellants’ arguments, the examiner states that the combination
of Aarnio and Haeggstrom teach the claimed method steps in order. The examiner
reasons, on page 14 of the answer that Aarnio teaches transmitting a location service
message from a location server to a GPRS network, which inherently includes a base
station and GPRS support node, and then to the mobile station. Further, the examiner
asserts, on pages 14 and 15 of the answer, that Haeggstrom teaches a serving GPRS
node coupled to a location server “where in the location message must first be
forwarded to the base station subsystem from the location server (e.g. via the only
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