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 .
Claim Objections
Claims 2, 4, 7-8, and 12-20 are objected to because of the following informalities:
As to claim 2, line 1, after “wherein”, “obtaining” should be inserted for consistency with claim 1;
As to claim 4, line 1, after “wherein”, “receiving” should be inserted to maintain consistency with claim 3;
As to claim 7, line 2, ”transmitted” should be replaced with “sent” to maintain consistency with claim 6, and line 4 prior to “sending” should have “and” inserted;
As to claim 8, “comprising” should be “comprises”;
As to claim 12, line 2, a colon should be placed after “comprising”;
As to claim 13, line 2, “is “ should be changed to “are”;
Claims 14-15 each recite the “system of claim 1” however claim 1 is a method;
As to claim 16, line 2, a colon should be placed after “comprises”;
Claims 17-18 each recite the “system of claim 3” however claim 3 is a method;
Claims 19-20 each recite the “system of claim 6” however claim 6 is a method.
Appropriate correction is required.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the module(s) in claims 9-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the BRI of “A storage medium”. Paragraph [0090] of the instant PGPub provides for non-limiting examples of a storage medium yet fails to limit the term to non-transitory embodiments.
Claim Rejections - 35 USC § 103
Claim(s) 1-3 and 5-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang-Fu et al. (2017/011752) hereinafter “Huang-Fu”, Guo et al. (9247463) hereinafter “Guo”, and Olshinka et al. (2021/0105626) hereinafter “Olshinka”.
As to claim Claim 1, (Original) Huang-Fu discloses a Mobile service access method being applied in a first terminal (102) comprising:
receiving a SIM card [[application protocol data unit (APDU)]] request sent by a second terminal (S201), wherein the second terminal carries a virtual SIM card (see Fig 1, [0006],[0026]);
obtaining a target [[APDU]] corresponding to the SIM card APDU request from a cloud SIM server (S203*) [[through an unstructured supplementary data service (USSD)]]; and
forwarding to the second terminal the target [[APDU]] (S203*), wherein the target APDU is used for the second terminal to access the mobile service. See [0027]-[0028]: “… the provisioning information is sent to mobile 101 directly at step 203. In another embodiment, the provisioning information is relayed to mobile device 101 through UE 102. In the relay configuration, e-SIM platform 103 sends subscription response to UE 102. UE 102 relays the information (to) mobile device 101…”.
Huang-Fu fails to explicitly recite that the target APDU is obtained through a USSD. In an analogous art Guo provide for the use of USSD to maximize access (see col 2 lines 35-47, col 8 lines 8-52) when mobile data is not available. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to obtain a APDU target through an unstructured supplementary data service (USSD) as taught by Guo for the purpose of maximizing access.
Huang-Fu further fails to explicitly recite that the messaging uses APDUs However in an analogous art Olshinka provides for the use of APDUs for SIM card connectivity. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to use APDUs for messaging as taught by Olshinka for the purpose of conforming to accepted standards.
As to Claim 2, (Original) The combination of Huang-Fu, Guo, and Olshinka discloses the method according to claim 1, wherein the target APDU corresponding to the SIM card APDU request from the cloud SIM server through USSD (inherently) comprises:
sending the SIM card APDU request to the cloud SIM server via USSD; and the target APDU receiving feedback from the cloud SIM server through the USSD.
As to Claim 3, (Original) Huang-Fu discloses the Mobile service access method being applied in a cloud SIM server (103) comprising:
receiving a SIM card [[application protocol data unit (APDU)]] request sent by a first terminal (102) [[through the USSD]], (see Fig 2, Step 202 [0026]: “At step 202, UE 102 sends the subscription request to e-SIM platform 103”);
obtaining a target [[APDU]] according to the SIM card APDU request ([0027]-[0028]: “Upon receiving the ID of mobile device 101 and subscription information of UE 102 in the subscription request, e-SIM platform would be able to configure mobile device 101 for the e-SIM based on the subscription request message… the provisioning information is relayed to mobile device 101 through UE 102”); and
transmitting the target [[APDU]] to the first terminal via a physical radio frequency channel, wherein the target APDU is used for the second terminal to access the mobile service, (see Fig 2, Step 203* [0027]-[0028]);
Huang-Fu fails to mention the USSD and APDU as in claim 1 however before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to make the modification as applied to claim 1.
As to Claim 5, (Original) The combination of Huang-Fu, Guo, and Olshinka discloses the method according to claim 3, wherein receiving the SIM card APDU request sent by the first terminal via the USSD (inherently) comprising:
receiving the SIM card APDU request sent by the first terminal through the unstructured supplemental data service (USSD).
As to Claim 6, (Original) Huang-Fu discloses The Mobile service access method being applied in a second terminal (101) carrying a virtual SIM card ([0020]: “mobile device 101, which supports the e-SIM”) comprising:
sending a SIM [[application protocol data unit (APDU)]] request to a first terminal (step 201);
receiving a target [[APDU]] fed by the first terminal based on the SIM card APDU request, wherein the target [[APDU]] is obtained by the first terminal from the cloud SIM server [[through the USSD]] (step 203*); and
accessing the mobile services according to the target [[APDU]] ([0028]: “Upon receiving the subscription response, mobile device 101 is able to connect to the network by applying the provisioned subscription context”. Huang-Fu fails to mention the USSD and APDU as in claim 1 however before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to make the modification as applied to claim 1.
As to Claim 7, (Original) The combination of Huang-Fu, Guo, and Olshinka provides for the method according to claim 6, wherein the SIM card application protocol data unit (APDU) request being sent to the first terminal comprising:
responding to the SIM card APDU request reported [[by a modem of the second terminal after starting the search network]] (Huang-Fu provides for a trigger including notification from one or more sensors [0026]), and
sending the SIM card APDU to the first terminal request (step 201). The examiner takes official notice that a signal from a modem was a known sensor and it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention by responding to the SIM card APDU request reported by a modem of the second terminal after starting the search network for the purpose of enabling use thereof.
As to Claim 8, (Original) The combination of Huang-Fu, Guo, and Olshinka discloses the method according to claim 6, Huang-Fu discloses wherein the target APDU access to the mobile service comprises:
obtaining the integrated circuit card identification code (ICCID) and/or the international mobile user identification code (IMSI) via the target APDU ([0026]: “…eUICC… or IMIE…” );
using the ICCID and/or the IMSI to process the network authentication request of the access network ([0026]: “…Upon receiving the ID of mobile device 101, UE 102 builds subscription request based on the retrieved ID of mobile device 101”); and
accessing the mobile service through the access network after the network authentication is passed network ([0028]: “…Upon receiving the subscription response, mobile device 101 is able to connect to the network by applying the provisioned subscription context.”).
As to claims 9-11, the combination of Huang-Fu, Guo, and Olshinka provides for claims as corresponding to claims 1, 3, 6 (above) wherein the modules read on transceiver and processor / memory as in Fig.1.
As to Claim 12. (currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the Mobile service access system comprising a first terminal (102), a second terminal (101), a cloud SIM server (103) as applied above to claims 9-11.
As to Claim 13. (Original) The combination of Huang-Fu, Guo, and Olshinka provides for the system according to claim 12, wherein the first terminal and the second terminal is connected via end-to-end (D2D) connection ([0020]: “Bluetooth”).
As to Claim 14. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 1 including a storage medium (Huang-Fu, Fig 1), wherein the storage medium is stored with a computer program, wherein the computer program is provided to execute the mobile service access method.
As to Claim 15. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 1 including an electronic device (Huang-Fu, Fig 1), comprising a memory and a processor, wherein the memory is stored with a computer program, the processor is configured to run the computer program to perform the mobile access method.
As to Claim 16. (currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the Mobile service access system comprising a first terminal (102), a second terminal (101), a cloud SIM server (103) as applied above to claims 9-11.
As to Claim 17. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 3 including a storage medium (Huang-Fu, Fig 1), wherein the storage medium is stored with a computer program, wherein the computer program is provided to execute the mobile service access method.
As to Claim 18. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 3 including an electronic device (Huang-Fu, Fig 1), comprising a memory and a processor, wherein the memory is stored with a computer program, the processor is configured to run the computer program to perform the mobile access method.
As to Claim 19. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 6 including a storage medium (Huang-Fu, Fig 1), wherein the storage medium is stored with a computer program, wherein the computer program is provided to execute the mobile service access method.
As to Claim 20. (Currently amended) The combination of Huang-Fu, Guo, and Olshinka provides for the mobile service access system of claim 6 including an electronic device (Huang-Fu, Fig 1), comprising a memory and a processor, wherein the memory is stored with a computer program, the processor is configured to run the computer program to perform the mobile access method.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over The combination of Huang-Fu, Guo, and Olshinka as applied to claim 3 above, and further in view of Chen et al. (2018/0242138) hereinafter “Chen”.
As to Claim 4, (Original) The combination of Huang-Fu, Guo, and Olshinka provides for the method according to claim 3, is silent to yet in an analogous art Chen discloses wherein the SIM card APDU request obtains the target APDU comprising:
selecting a target entity SIM card in the pool of preset SIM cards, wherein the target entity SIM card is used to process the SIM card APDU request and generate the target APDU;
sending the SIM card APDU request to the target entity SIM card; and receiving the target APDU fed by the target entity SIM card. See Fig 1, [0154]-[0155]. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Huang-Fu to perform selecting, sending, and receiving as taught by Chen for the purpose of managing resources.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Srinivasan (2009/0093248) provides for the optional use of USSD for connections to provisioning server. See [0030].
Gong et al. (20200322782) provide for a cloud SIM Card server and management.
Goyal et al. (2021/0076204) provide for eSIM usage. (Figs 2-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at 571-272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LESTER G. KINCAID
Primary Patent Examiner
Art Unit 2649
/LESTER G KINCAID/Primary Examiner, Art Unit 2649
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