DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 6/26/25 have been fully considered but they are not persuasive.
The applicant argues “…Li discloses that when a network connectivity failure
occurs, the user device resorts to a fall back subscription profile, reattaches to the network, sends a request to the network to change the subscription profile, and change the subscription profile only if the device is one of a pair of devices listed in a list of paired devices. See Li, ¶ [0042]-[0048]. Thus, in Li, the connectivity failure occurs first, followed by the request to change the subscription profile. Further, in Li, change of subscription profile occurs after the device has reconnected to the network. Thus, even if Li’s disclosure of network connectivity failure is equated to Applicant’s device not being connected to the network, Li does not disclose that the requested modification of the subscription profile is contingent upon the device being unconnected to the network. In particular, Li’s fallback subscription profile is not a modification in response to a request, but is rather, a default subscription profile in response to a network connectivity failure. Further, Li only shows switching to another subscription profile upon receipt of a request when the device is connected.” See pages 12-13 of applicant’s remarks. The examiner respectfully disagrees.
Li discloses device 5/eUICC 6 executes its fall-back policy 37, whereby in the case of network connectivity failure (in other words, an autonomous device (see paragraph [0029]) that is not connected to the network), the eUICC Subscription Fall-back Component (SFC) 35 determines to fall-back 62 to the second subscription e.g. its provisioning subscription (IMSI). The eUICC 6 enables the provisioning subscription, and disables the current (first) subscription of MNO 7. See paragraph [0045]. This step is done on the “device side” upon detecting network connectivity failure.
Li further discloses the eUICC 6 re-attaches to the network/platform 2 by using the provisioning IMSI of the second subscription. The registration request message 9 (incl. authentication request, location update request, etc.) of the provisioning IMSI is received 51 by HLR 28 registration signaling handler 22 of the platform 2. See paragraph [0047]. The device sends a registration request message to the HLR 28 of network 2.
Paragraphs [0048]-[0052] of Li disclose the HLR 28 and BSS 3 determining whether the IMSI of the second subscription will be enabled and activated. Steps H and I states “The BSS 3 notifies the HLR registration signaling handler 22 that it has provisioned and activated the provisioning (second) subscription in the BSS and HLR (in other words, the user subscription profile is allowed to be modified as requested). Then, it is time to accept the registration request 9 of the provisioning IMSI. A reason that the HLR registration accept message is not sent until now is that HLR 28 shall guarantee to acquire the correct and updated subscriber data provisioned from BSS 3 before accepting the registration request 9… The registration request 9 of the provisioning (second) subscription IMSI is accepted by the HLR 28. The provisioning subscription IMSI is now active on both network/platform 2 side and eUICC 6 side, therefore the eUICC can recover the connectivity successfully with the provisioning IMSI. The fall-back is thus successful. (in other words, the autonomous device (see paragraph [0029]) is successfully connected to the network)”.
As such, the modification of the subscription is in response to the request sent by the device and the HLR/BSS accepting the request. The fall-back policy (or default subscription profile change in response to network connectivity failure) is done on the device side and not on the network side therefore, Li cannot teach “switching to another subscription profile upon receipt of a request when the device is connected” as suggested by the applicant.
As described above, Li does disclose the requested modification of the subscription profile is contingent upon the device being unconnected to the network. Network connectivity failure was first determined as described in paragraph [0045]. This prompted the device to send the registration request to change the subscription profile in paragraph [0047].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-11 and 16-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (Li), U.S. Publication No. 2017/0150344 in view of Vardharajan, U.S. Publication No. 2020/0062269.
Regarding Claims 1, 9, 16 and 24, Li discloses a method of a network node of
determining whether a user subscription profile hosted on an embedded Universal Integrated Circuit Card (eUICC) of a user device is allowed to be modified, the method comprising:
receiving a request to modify the user subscription profile of the user device (i.e., the registration request message 9 (incl. authentication request, location update request, etc) of the provisioning IMSI is received 51 by HLR 28 registration signaling handler 22 of the platform 2.; see paragraph [0047]); and
acquiring, from a network node configured to store user subscription information (for example, the registration signaling handler 22 of the HLR 28 observes 52 that the IMSI is in deactivated state or even not any more provisioned in the HLR as described in paragraph [0048]):
determining whether the user device is connected to a network (in other words, device 5 side (eUICC 6) detects a network connectivity failure.; see paragraph [0044]…Also, the BSS 3 will enable and activate 55 the provisioning subscription in both the BSS and HLR, and disable and deactivate the current (first) subscription of MNO 7.; see paragraph [0050]); and
allowing the user subscription profile to be modified as requested (see examiner’s response above) only when the user device is an autonomous device (in other words, each of the radio devices 5 may be any device or user equipment (UE), mobile or stationary, enabled to communicate over a radio cannel in a communications network, for instance but not limited to e.g. … vehicles such as cars as described in paragraph [0029]) that is not connected to the network (in other words, the eUICC 6 enables the provisioning subscription, and disables the current (first) subscription of MNO 7…The eUICC 6 changes its subscription to the provisioning subscription (IMSI), and re-attaches to the network using the provisioning subscription (IMSI); see paragraphs [0045] and [0046]).
Li fails to disclose information indicating whether the user device is an autonomous device, and when the user device is an autonomous device.
Vardharajan discloses information indicating whether the user device is an autonomous device, and when the user device is an autonomous device (Vardharajan disclose that the VCU acquires information (i.e., data describing available vehicle functionality profiles) from a network node (i.e., server 125; see figure 7) that indicates whether the device is autonomous (in other words, the user may set a vehicle functionality profile and/or ride preferences to be provided automatically to any vehicle that the user device can authenticate itself to. For example, the user may set the manner by which the user device and the vehicle communicate automatically, such that minimal manual interaction from the user is needed; see paragraph [0045]) and when the user device is an autonomous device (in other words, vehicle ride preferences may include a speed and/or driving style (e.g., drive in faster or slower lanes of highways) of the unmanned vehicle...operate based on the determined vehicle ride preference (e.g., autonomously drive in a lane(s) appropriate for the lower speed preference or an average of the different speed preferences); see paragraphs [0032] and [0043]) ).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 2 and 17, Li and Vardharajan disclose the method and
network node as described above. Li fails to disclose further comprising: acquiring, from a network node configured to store information related to scheduled user device assignments, information indicating whether the user device is scheduled for operation, wherein the allowing of the user subscription profile to be modified further comprises: allowing the user subscription profile to be modified if the acquired scheduling information indicates that the user device is not scheduled for operation within a predetermined time period. Vardharajan discloses further comprising: acquiring, from a network node configured to store information related to scheduled user device assignments, information indicating whether the user device is scheduled for operation, wherein the allowing of the user subscription profile to be modified further comprises: allowing the user subscription profile to be modified if the acquired scheduling information indicates that the user device is not scheduled for operation within a predetermined time period (i.e., the vehicle management system 150 may provide a vehicle timeshare scheduler service, such that the user of the user device 145 may provide a request to use a vehicle during a certain timeframe. The user may specify a vehicle functionality profile to apply to a vehicle….in other words, when the user is not scheduled and another user is scheduled; see paragraph [0084]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 3 and 18, Li and Vardharajan disclose the method and
network node as described above. Li fails to disclose wherein the predetermined time period varies depending on an extent of the user subscription profile modification to be performed. Vardharajan discloses wherein the predetermined time period varies depending on an extent of the user subscription profile modification to be performed (i.e., the user of the user device 145 may provide a request to use a vehicle during a certain timeframe…The user may be allowed to specify the specific vehicle to use during the timeframe; see paragraph [0084]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 4, 10, 19 and 25, Li and Vardharajan disclose the
method, network node and subscription manager entity as described above. Li further discloses wherein the request comprises at least one of: an International Mobile Subscriber Identity (IMSI) associated with the user subscription profile (see paragraph [0047]); an identifier of the eUICC on which the user subscription profile is hosted; and an identifier of the user device.
Regarding Claims 5 and 20, Li and Vardharajan disclose the method and
network node as described above. Li further discloses further comprising: acquiring a current location of the user device, wherein the allowing of the user subscription profile to be modified further comprises: allowing the user subscription profile to be modified if the acquired location information indicates that the user device is in a location where user subscription profile modification is allowed regardless of user device operational status (see paragraph [0047]).
Regarding Claims 6 and 21, Li and Vardharajan disclose the method and
network node as described above. Li fails to disclose further comprising: acquiring, from a network node configured to manage mobility of the user device, information indicating operational status of the user device. Vardharajan discloses further comprising: acquiring, from a network node configured to manage mobility of the user device, information indicating operational status of the user device (in other words, The infotainment unit 220 may also function as a human machine interface that provides options to a rider (e.g., driver, passenger) of the vehicle 200 and communicates the rider's selected options to the corresponding ECU 205 and/or the VCU 210.; see paragraph [0095]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 7 and 22, Li and Vardharajan disclose the method and
network node as described above. Li fails to disclose further comprising: acquiring, from the user device, information indicating operational status of the user device. Vardharajan discloses further comprising: acquiring, from the user device, information indicating operational status of the user device (in other words, The VCU 210 applies changes to operating parameters of corresponding ECUs 205 based on the vehicle functionality profiles, such as when transitioning from applying one vehicle functionality profile to the vehicle 200 to applying another vehicle functionality profile to the vehicle 200.; see paragraph [0100]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 8 and 23, Li and Vardharajan disclose the method and
network node as described above. Li fails to disclose further comprising:
acquiring, from a network node configured to manage mobility of the user device, address information of the user device. Vardharajan discloses further comprising:
acquiring, from a network node configured to manage mobility of the user device, address information of the user device (in other words, network information (e.g., a network address…; see paragraph [0096]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Regarding Claims 11 and 26, Li and Vardharajan disclose the method
and subscription manager entity as described above. Li fails to disclose wherein acquiring the information configured to indicate whether the user device is an autonomous device comprises: subscribing to a change in the information indicating one of: that the user subscription profile of the user device has changed to currently not be allowed to be modified; and that the user subscription profile of the user device has changed to currently being allowed to be modified. Vardharajan discloses wherein acquiring the information configured to indicate whether the user device is an autonomous device comprises: subscribing to a change in the information indicating one of: that the user subscription profile of the user device has changed to currently not be allowed to be modified (in other words, lack of compatibility; see paragraph [0098]); and that the user subscription profile of the user device has changed to currently being allowed to be modified. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Vardharajan’s invention with Li’s invention for controlling operations and applying adjustments to vehicles as described throughout Vardharajan.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number (571)272-0886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
September 4, 2025