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 Amendment
The amendment filed 03/17/2026 has been entered. Claims 1, 4, 6, 8-9, 12, 14, 16, 17, and 20 are amended. Claims 2-3, 7, 10-11, 15, and 18-19 are canceled. Claims 21-23 are newly added.
Response to Arguments
Applicant’s arguments with respect to claims 1, 9, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-6, 8-9, 13-14, 16-17, 20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Cuadrat et al. (US 9,531,831), hereinafter Cuadrat, in further view of Rajwar et al. (US 2022/0369094), hereinafter Rajwar, and Kushwaha et al. (US 11,265,220), hereinafter Kushwaha.
Regarding Claim 1, Cuadrat teaches: A non-transient computer-readable storage medium configured to be affixed to a communication device for wireless communication, the storage medium comprising: a memory storing a plurality of profiles: “According to yet another example, secure element 162 may be implemented as a part of the modem of end device 160 or another entity of end device 160. Depending on the implementation, secure element 162 may be embedded or fixed on (e.g., relative to other hardware of end device 160 (e.g., a circuit board, etc.)) or may be removable from end device 160. Secure element 162 may include various components, such as a processor, a memory, and instructions that provide the multi-active profiles-based network services. According to an exemplary embodiment, secure element 162 includes a memory that stores a file or an applet (e.g., a container) that includes a list of available subscription profiles” (Cuadrat Col 6 Lines 28-40), each of the plurality of profiles comprising data that allows access by the communication device to a respective wireless network: “Native protocol stack 525 includes software, such as, for example, a set of libraries, executables, and/or a program that manages the access and enablement of a network service based on a subscription profile stored on secure element 162” (Cuadrat Col 12 Lines 30-34); and instructions that implement a universal integrated circuit card (UICC): “Secure element 162 includes a platform that hosts an application and stores subscription profiles. According to one example, secure element 162 may be implemented as an eUICC. According to another example, secure element 162 may be implemented as a UICC or other type of form factor.” (Cuadrat Col 6 Lines 23-27), the instructions being executable by one or more processors to cause the one or more processors to: provide to the communication device a list indicating i) available profiles of the plurality of profiles: “According to an exemplary embodiment, secure element 162 includes a memory that stores a file or an applet (e.g., a container) that includes a list of available subscription profiles.” (Cuadrat Col 6 Lines 37-40) and “Each subscription profile includes data that can be used to allow the user and the single radio device access and use of the network service. For example, the subscription profile may include a user identifier, a device identifier, a key, a network address, a network identifier, and/or other types of data (e.g., a credential, a password, a certificate, etc.) that may be configured by a network service provider or mobile network operator to enable the user and the single radio device to access and use the network service” (Cuadrat Col 2 Lines 47-55), and ii) a public network profile of the plurality of profiles that is currently enabled: “According to other embodiments, environment 100 may include an additional network and/or arrangement of networks that is/are different from that illustrated in FIG. 1. For example, a network that is different from IMS network (e.g., IMS network 115) and/or Internet 120 may be implemented as an external network relative to core network 110. For example, the external network may be packet-switched network, a public network, a private network, an IPv4 network, an IPv6 network, a data network, or some other type of network” (Cuadrat Col 3 Lines 47-56) and “File 420 stores a list of subscription profiles 430-1 through 430-X, in which X>1 (referred to as subscription profiles 430 and, individually and generically as subscription profile 430). Multiple numbers of subscription profiles 430 may be concurrently active or enabled” (Cuadrat Col 10 Lines 44-49); thus an embodiment of Cuadrat is one where the network profile is one that is enabled for a public network; wherein the instructions further cause the one or more processors to: receive a request for the available profiles while the communication device is connected to a public wireless network corresponding to the public network profile: “For example, access control layer 530 may include a profile handler that requests and obtains access information of a subscription profile. By way of further example, profile handler 550 and the profile handler may be implemented based on the discovery service described in the Open Mobile API Specification in which an application can look up or discover a secure element and an applet/module. The application (e.g., additional protocol stack 515) may communicate with profile handler 550 via access control layer 530 using application protocol data units (APDUs). For example, APDUs of the ISO/IEC 7816 standard may be used. According to an exemplary embodiment, profile handler 550 can provide access information for multiple subscription profiles to allow the multiple subscription profiles to be enabled or active at the same time” (Cuadrat Col 13 Lines 4-19) wherein the active profile would be a public wireless network as in claim 1.
Cuadrat does not teach: the available profiles include at least a private network profile designated with a fallback attribute; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute; in response to the fallback trigger: identify the private network profile as the fallback profile corresponding to the fallback attribute; disable the public network profile; enable the private network profile; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a private wireless network corresponding to the private network profile; receive, from the communication device, a switchback trigger to re-enable the public network profile; in response to the switchback trigger: identify the public network profile as a switchback network profile; disable the private network profile; enable the public network profile; and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the public wireless network corresponding to the public network profile; and wherein the instructions further cause the one or more processors to: perform a download and enable procedure with a subscription manager secure routing (SM-SR) device, including: receive a second public network profile from the SM-SR device; store the second public network profile in the memory as one of the plurality of profiles; disable the first public network profile; enable the second public network profile; and send the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second public network profile.
Regarding Claim 1, Rajwar teaches: the available profiles include at least a private network profile designated with a fallback attribute: “The primary network operator may correspond with a first or primary profile to allow the eSIM to connect to a primary operator's network and a second profile will allow the eSIM to connect to a second operator's network at times when the eSIM device experiences connectivity issues with the network of the primary operator” (Rajwar ¶ 0015), “In some embodiments, a MNO IT system may interact, communicate, or connect with eSIM management platform 110 using a public network Wi-Fi®, a private network Wi-Fi®, direct physical connections such as USB® or ethernet, Bluetooth®, near field communication (NFC), or a variety of other means” (Rajwar ¶ 0032), meaning Rajwar is concerned with at least one scenario where an available network profile is a private network profile and that private network profile is enabled for fallback; that is the private network profile is a secondary profile or a profile for Carrier B; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute: “Upon shifting connectivity to the fallback profile, eSIM device 150 may connect to the network associated with the carrier of the fallback profile. For example, if eSIM device 150 shifted connectivity to the fallback profile, the change may occur locally in the field. In some embodiments, carrier profile 152 is the active profile currently enabled on eSIM device 150” (Rajwar ¶ 0046) and “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database” (Rajwar ¶ 0060); in response to the fallback trigger: identify the private network profile as the fallback profile corresponding to the fallback attribute; disable the public network profile; enable the private network profile: “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database . . . When a fallback process is initiated by the EUICC, profile detection module 222 may receive the two notifications, including a “DisableNotification” for the enabled profile before fallback, as well as an “EnableNotification” for the enabled profile after fallback” (Rajwar ¶ 0060) in other words the eSIM receives a trigger and switches to a fallback profile by disabling the currently enabled profile and enabling the fallback profile when it receives the trigger; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a private wireless network corresponding to the private network profile: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083); wherein the instructions further cause the one or more processors to: receive, from the communication device, a switchback trigger to re-enable the public network profile: “In another example, a second rule may initiate a profile switch back” (Rajwar ¶ 0063); in response to the switchback trigger: identify the public network profile as a switchback network profile; disable the private network profile; enable the public network profile: “For example, a first carrier (e.g., Carrier A 132, etc.) can decide to collect each trigger in a day and switch back the profile for the eSIM to the profile associated with Carrier A (e.g., as a campaign during the off peak hours, etc.). In such case, the probing signal configuration module 212 may provide a campaign configuration for auto switch function” (Rajwar ¶ 0063); and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the public wireless network corresponding to the public network profile: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Rajwar does not teach: the instructions further cause the one or more processors to: perform a download and enable procedure with a subscription manager secure routing (SM-SR) device, including: receive a second public network profile from the SM-SR device; store the second public network profile in the memory as one of the plurality of profiles; disable the first public network profile; enable the second public network profile; and send the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second public network profile.
Regarding Claim 1, Kushwaha teaches: the instructions further cause the one or more processors to: perform a download and enable procedure with a subscription manager secure routing (SM-SR) device: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice” (Kushwaha Col 11 Lines 37-40), including: receive a second public network profile from the SM-SR device; store the second public network profile in the memory as one of the plurality of profiles; disable the first public network profile; enable the second public network profile: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice such that the subscription manager secure routing service provisions the device to disable a first profile for connecting to the core network and to enable a second profile for connecting with the another core network” (Kushwaha Col 11 Lines 37-44) where the profiles are public and Kushwaha is concerned with both public and private networks: “The core networks 120a-n may include any mobile communication network such as 4G/LTE networks and/or 5G cellular public and/or private networks” (Kushwaha Col 3 Lines 28-30); and send the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second public network profile: “The causing operation 508 may further include providing, to a network execution function of the another core network, a first identifier of the federated network slice and a second identifier of the device such that the network execution function updates a unified data management of the respective core network and triggers switching of the device from a default network slice of the another core network to the federated network slice” (Kushwaha Col 11 Lines 44-51).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosures of Cuadrat and Rajwar with Kushwaha to achieve the predictable result of optimizing adaptive uses of network slices. According to Kushwaha: “Example embodiments provide for an adaptive and optimized usage of network slices. Enterprises bundle up network slices of various network operators and switch among them based on various rules. The enterprises build federated network slices of various types that are accessible across various network operators at different locations” (Kushwaha Col 2 Lines 6-11).
Regarding Claim 5, Cuadrat teaches: The computer-readable storage medium of claim 1, wherein the UICC is one of (i) an embedded UICC (eUICC) and (ii) an integrated UICC (iUICC): “Secure element 162 includes a platform that hosts an application and stores subscription profiles. According to one example, secure element 162 may be implemented as an eUICC. According to another example, secure element 162 may be implemented as a UICC or other type of form factor.” (Cuadrat Col 6 Lines 23-27).
Regarding Claim 6, Cuadrat teaches: The computer-readable storage medium of claim 3.
Cuadrat does not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network.
Regarding Claim 6, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Regarding Claim 8, Cuadrat teaches: The computer-readable storage medium of claim 1.
Cuadrat does not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network.
Regarding Claim 8, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083), where Rajwar’s disclosure applies both to the private and public network configurations within Rajwar’s disclosure (“In some embodiments, a MNO IT system may interact, communicate, or connect with eSIM management platform 110 using a public network Wi-Fi®, a private network Wi-Fi®, direct physical connections such as USB® or ethernet, Bluetooth®, near field communication (NFC), or a variety of other means” (Rajwar ¶ 0032)).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Regarding Claim 9, Cuadrat teaches: A non-transient computer-readable storage medium configured to be affixed to a communication device for wireless communication, the storage medium comprising: a memory storing a plurality of profiles: “According to yet another example, secure element 162 may be implemented as a part of the modem of end device 160 or another entity of end device 160. Depending on the implementation, secure element 162 may be embedded or fixed on (e.g., relative to other hardware of end device 160 (e.g., a circuit board, etc.)) or may be removable from end device 160. Secure element 162 may include various components, such as a processor, a memory, and instructions that provide the multi-active profiles-based network services. According to an exemplary embodiment, secure element 162 includes a memory that stores a file or an applet (e.g., a container) that includes a list of available subscription profiles” (Cuadrat Col 6 Lines 28-40), each of the plurality of profiles comprising data that allows access by the communication device to a respective wireless network: “Native protocol stack 525 includes software, such as, for example, a set of libraries, executables, and/or a program that manages the access and enablement of a network service based on a subscription profile stored on secure element 162” (Cuadrat Col 12 Lines 30-34); and instructions that implement a universal integrated circuit card (UICC): “Secure element 162 includes a platform that hosts an application and stores subscription profiles. According to one example, secure element 162 may be implemented as an eUICC. According to another example, secure element 162 may be implemented as a UICC or other type of form factor.” (Cuadrat Col 6 Lines 23-27), the instructions being executable by one or more processors to cause the one or more processors to: provide to the communication device a list indicating i) available profiles of the plurality of profiles: “According to an exemplary embodiment, secure element 162 includes a memory that stores a file or an applet (e.g., a container) that includes a list of available subscription profiles.” (Cuadrat Col 6 Lines 37-40) and “Each subscription profile includes data that can be used to allow the user and the single radio device access and use of the network service. For example, the subscription profile may include a user identifier, a device identifier, a key, a network address, a network identifier, and/or other types of data (e.g., a credential, a password, a certificate, etc.) that may be configured by a network service provider or mobile network operator to enable the user and the single radio device to access and use the network service” (Cuadrat Col 2 Lines 47-55), and ii) a private network profile of the plurality of profiles that is currently enabled: “According to other embodiments, environment 100 may include an additional network and/or arrangement of networks that is/are different from that illustrated in FIG. 1. For example, a network that is different from IMS network (e.g., IMS network 115) and/or Internet 120 may be implemented as an external network relative to core network 110. For example, the external network may be packet-switched network, a public network, a private network, an IPv4 network, an IPv6 network, a data network, or some other type of network” (Cuadrat Col 3 Lines 47-56) and “File 420 stores a list of subscription profiles 430-1 through 430-X, in which X>1 (referred to as subscription profiles 430 and, individually and generically as subscription profile 430). Multiple numbers of subscription profiles 430 may be concurrently active or enabled” (Cuadrat Col 10 Lines 44-49); thus an embodiment of Cuadrat is one where the network profile is one that is enabled for a private network; wherein the instructions further cause the one or more processors to: receive a request for the available profiles while the communication device is connected to a public wireless network corresponding to the public network profile: “For example, access control layer 530 may include a profile handler that requests and obtains access information of a subscription profile. By way of further example, profile handler 550 and the profile handler may be implemented based on the discovery service described in the Open Mobile API Specification in which an application can look up or discover a secure element and an applet/module. The application (e.g., additional protocol stack 515) may communicate with profile handler 550 via access control layer 530 using application protocol data units (APDUs). For example, APDUs of the ISO/IEC 7816 standard may be used. According to an exemplary embodiment, profile handler 550 can provide access information for multiple subscription profiles to allow the multiple subscription profiles to be enabled or active at the same time” (Cuadrat Col 13 Lines 4-19) wherein the active profile would be a private wireless network as in claim 9.
Cuadrat does not teach: the available profiles include at least a public network profile designated with a fallback attribute; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute; in response to the fallback trigger: identify the public network profile as the fallback profile corresponding to the fallback attribute; disable the private network profile; enable the public network profile; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a public wireless network corresponding to the public network profile; receive, from the communication device, a switchback trigger to re-enable the private network profile; in response to the switchback trigger: identify the private network profile as a switchback network profile; disable the public network profile; enable the private network profile; and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the private wireless network corresponding to the private network profile.
Regarding Claim 9, Rajwar teaches: the available profiles include at least a public network profile designated with a fallback attribute: “The primary network operator may correspond with a first or primary profile to allow the eSIM to connect to a primary operator's network and a second profile will allow the eSIM to connect to a second operator's network at times when the eSIM device experiences connectivity issues with the network of the primary operator” (Rajwar ¶ 0015), “In some embodiments, a MNO IT system may interact, communicate, or connect with eSIM management platform 110 using a public network Wi-Fi®, a private network Wi-Fi®, direct physical connections such as USB® or ethernet, Bluetooth®, near field communication (NFC), or a variety of other means” (Rajwar ¶ 0032), meaning Rajwar is concerned with at least one scenario where an available network profile is a private network profile and that public network profile is enabled for fallback; that is the public network profile is a secondary profile or a profile for Carrier B; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute: “Upon shifting connectivity to the fallback profile, eSIM device 150 may connect to the network associated with the carrier of the fallback profile. For example, if eSIM device 150 shifted connectivity to the fallback profile, the change may occur locally in the field. In some embodiments, carrier profile 152 is the active profile currently enabled on eSIM device 150” (Rajwar ¶ 0046) and “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database” (Rajwar ¶ 0060); in response to the fallback trigger: identify the public network profile as the fallback profile corresponding to the fallback attribute; disable the private network profile; enable the public network profile: “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database . . . When a fallback process is initiated by the EUICC, profile detection module 222 may receive the two notifications, including a “DisableNotification” for the enabled profile before fallback, as well as an “EnableNotification” for the enabled profile after fallback” (Rajwar ¶ 0060) in other words the eSIM receives a trigger and switches to a fallback profile by disabling the currently enabled profile and enabling the fallback profile when it receives the trigger; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a public wireless network corresponding to the public network profile: “In various embodiments, the eSIM platform may proactively update its database with the latest profile active on the eSIM device. The latest profile active on the eSIM device may be determined automatically or manually. When the eSIM changes the profile (e.g., locally at the device), it will attempt to notify the platform triggered based on the programing of the eSIM/EUICC itself” (Rajwar ¶ 0018) where it is known that part of the connection process would be authentication “The IMSI number and key are used to identify and authenticate subscribers on mobile devices (such as mobile phones and computers) to each communication network” (Rajwar ¶ 0001); and wherein the instructions further cause the one or more processors to: receive, from the communication device, a switchback trigger to re-enable the private network profile: “In another example, a second rule may initiate a profile switch back” (Rajwar ¶ 0063); in response to the switchback trigger: identify the private network profile as a switchback network profile; disable the public network profile; enable the private network profile: “For example, a first carrier (e.g., Carrier A 132, etc.) can decide to collect each trigger in a day and switch back the profile for the eSIM to the profile associated with Carrier A (e.g., as a campaign during the off peak hours, etc.). In such case, the probing signal configuration module 212 may provide a campaign configuration for auto switch function” (Rajwar ¶ 0063); and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the public wireless network corresponding to the public network profile: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Rajwar does not teach: the instructions further cause the one or more processors to: perform a download and enable procedure with a subscription manager secure routing (SM-SR) device, including: receive a second private network profile from the SM-SR device; store the second private network profile in the memory as one of the plurality of profiles; disable the first private network profile; enable the second private network profile; and send the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second private network profile.
Regarding Claim 9, Kushwaha teaches: the instructions further cause the one or more processors to: perform a download and enable procedure with a subscription manager secure routing (SM-SR) device: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice” (Kushwaha Col 11 Lines 37-40), including: receive a second private network profile from the SM-SR device; store the second private network profile in the memory as one of the plurality of profiles; disable the first private network profile; enable the second private network profile: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice such that the subscription manager secure routing service provisions the device to disable a first profile for connecting to the core network and to enable a second profile for connecting with the another core network” (Kushwaha Col 11 Lines 37-44) where the profiles are public and Kushwaha is concerned with both public and private networks: “The core networks 120a-n may include any mobile communication network such as 4G/LTE networks and/or 5G cellular public and/or private networks” (Kushwaha Col 3 Lines 28-30); and send the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second private network profile: “The causing operation 508 may further include providing, to a network execution function of the another core network, a first identifier of the federated network slice and a second identifier of the device such that the network execution function updates a unified data management of the respective core network and triggers switching of the device from a default network slice of the another core network to the federated network slice” (Kushwaha Col 11 Lines 44-51).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosures of Cuadrat and Rajwar with Kushwaha to achieve the predictable result of optimizing adaptive uses of network slices. According to Kushwaha: “Example embodiments provide for an adaptive and optimized usage of network slices. Enterprises bundle up network slices of various network operators and switch among them based on various rules. The enterprises build federated network slices of various types that are accessible across various network operators at different locations” (Kushwaha Col 2 Lines 6-11).
Regarding Claim 13, Cuadrat teaches: The computer-readable storage medium of claim 9, wherein the UICC is one of (i) an embedded UICC (eUICC) and (ii) an integrated UICC (iUICC): “Secure element 162 includes a platform that hosts an application and stores subscription profiles. According to one example, secure element 162 may be implemented as an eUICC. According to another example, secure element 162 may be implemented as a UICC or other type of form factor.” (Cuadrat Col 6 Lines 23-27).
Regarding Claim 14, Cuadrat teaches: The computer-readable storage medium of claim 11.
Cuadrat does not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network.
Regarding Claim 14, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Regarding Claim 16, Cuadrat teaches: The computer-readable storage medium of claim 9.
Cuadrat does not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network.
Regarding Claim 16, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Regarding Claim 17, Cuadrat teaches: A method implemented by a universal integrated circuit card (UICC) installed in a communication device, the method comprising: providing, to the communication device, a list indicating i) available profiles of a plurality of profiles that allow access by the communication device to respective wireless networks: “According to an exemplary embodiment, secure element 162 includes a memory that stores a file or an applet (e.g., a container) that includes a list of available subscription profiles.” (Cuadrat Col 6 Lines 37-40) and “Each subscription profile includes data that can be used to allow the user and the single radio device access and use of the network service. For example, the subscription profile may include a user identifier, a device identifier, a key, a network address, a network identifier, and/or other types of data (e.g., a credential, a password, a certificate, etc.) that may be configured by a network service provider or mobile network operator to enable the user and the single radio device to access and use the network service” (Cuadrat Col 2 Lines 47-55), and ii) a public network profile of the plurality of profiles that is currently enabled: “According to other embodiments, environment 100 may include an additional network and/or arrangement of networks that is/are different from that illustrated in FIG. 1. For example, a network that is different from IMS network (e.g., IMS network 115) and/or Internet 120 may be implemented as an external network relative to core network 110. For example, the external network may be packet-switched network, a public network, a private network, an IPv4 network, an IPv6 network, a data network, or some other type of network” (Cuadrat Col 3 Lines 47-56) and “File 420 stores a list of subscription profiles 430-1 through 430-X, in which X>1 (referred to as subscription profiles 430 and, individually and generically as subscription profile 430). Multiple numbers of subscription profiles 430 may be concurrently active or enabled” (Cuadrat Col 10 Lines 44-49); thus an embodiment of Cuadrat is one where the network profile is one that is enabled for a public network; wherein the instructions further cause the one or more processors to: receive a request for the available profiles while the communication device is connected to a public wireless network corresponding to the public network profile: “For example, access control layer 530 may include a profile handler that requests and obtains access information of a subscription profile. By way of further example, profile handler 550 and the profile handler may be implemented based on the discovery service described in the Open Mobile API Specification in which an application can look up or discover a secure element and an applet/module. The application (e.g., additional protocol stack 515) may communicate with profile handler 550 via access control layer 530 using application protocol data units (APDUs). For example, APDUs of the ISO/IEC 7816 standard may be used. According to an exemplary embodiment, profile handler 550 can provide access information for multiple subscription profiles to allow the multiple subscription profiles to be enabled or active at the same time” (Cuadrat Col 13 Lines 4-19) wherein the active profile would be a public wireless network as in claim 17.
Cuadrat does not teach: the available profiles include at least a public network profile designated with a fallback attribute; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute; in response to the fallback trigger: identify the public network profile as the fallback profile corresponding to the fallback attribute; disable the private network profile; enable the public network profile; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a public wireless network corresponding to the public network profile; receive, from the communication device, a switchback trigger to re-enable the private network profile; in response to the switchback trigger: identify the private network profile as a switchback network profile; disable the public network profile; enable the private network profile; and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the private wireless network corresponding to the private network profile.
Regarding Claim 17, Rajwar teaches: the available profiles include at least a public network profile designated with a fallback attribute: “The primary network operator may correspond with a first or primary profile to allow the eSIM to connect to a primary operator's network and a second profile will allow the eSIM to connect to a second operator's network at times when the eSIM device experiences connectivity issues with the network of the primary operator” (Rajwar ¶ 0015), “In some embodiments, a MNO IT system may interact, communicate, or connect with eSIM management platform 110 using a public network Wi-Fi®, a private network Wi-Fi®, direct physical connections such as USB® or ethernet, Bluetooth®, near field communication (NFC), or a variety of other means” (Rajwar ¶ 0032), meaning Rajwar is concerned with at least one scenario where an available network profile is a private network profile and that public network profile is enabled for fallback; that is the public network profile is a secondary profile or a profile for Carrier B; receive, from the communication device, a fallback trigger to enable a fallback profile corresponding to the fallback attribute: “Upon shifting connectivity to the fallback profile, eSIM device 150 may connect to the network associated with the carrier of the fallback profile. For example, if eSIM device 150 shifted connectivity to the fallback profile, the change may occur locally in the field. In some embodiments, carrier profile 152 is the active profile currently enabled on eSIM device 150” (Rajwar ¶ 0046) and “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database” (Rajwar ¶ 0060); in response to the fallback trigger: identify the public network profile as the fallback profile corresponding to the fallback attribute; disable the private network profile; enable the public network profile: “In some embodiments, eSIM profile switch module 220 comprises profile detection module 222. Profile detection module 222 may receive triggers or notifications indicating a status of a profile. Upon receipt of a trigger, profile detection module 222 may initiate a read operation on its database . . . When a fallback process is initiated by the EUICC, profile detection module 222 may receive the two notifications, including a “DisableNotification” for the enabled profile before fallback, as well as an “EnableNotification” for the enabled profile after fallback” (Rajwar ¶ 0060) in other words the eSIM receives a trigger and switches to a fallback profile by disabling the currently enabled profile and enabling the fallback profile when it receives the trigger; and send a refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a public wireless network corresponding to the public network profile: “In various embodiments, the eSIM platform may proactively update its database with the latest profile active on the eSIM device. The latest profile active on the eSIM device may be determined automatically or manually. When the eSIM changes the profile (e.g., locally at the device), it will attempt to notify the platform triggered based on the programing of the eSIM/EUICC itself” (Rajwar ¶ 0018) where it is known that part of the connection process would be authentication “The IMSI number and key are used to identify and authenticate subscribers on mobile devices (such as mobile phones and computers) to each communication network” (Rajwar ¶ 0001); and wherein the instructions further cause the one or more processors to: receive, from the communication device, a switchback trigger to re-enable the private network profile: “In another example, a second rule may initiate a profile switch back” (Rajwar ¶ 0063); in response to the switchback trigger: identify the private network profile as a switchback network profile; disable the public network profile; enable the private network profile: “For example, a first carrier (e.g., Carrier A 132, etc.) can decide to collect each trigger in a day and switch back the profile for the eSIM to the profile associated with Carrier A (e.g., as a campaign during the off peak hours, etc.). In such case, the probing signal configuration module 212 may provide a campaign configuration for auto switch function” (Rajwar ¶ 0063); and send another refresh command to the communication device, wherein the another refresh command is for causing the communication device to authenticate with the public wireless network corresponding to the public network profile: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Rajwar does not teach: the method further comprising a download and enable procedure with a subscription manager secure routing (SM-SR) device, including: receiving a second public network profile from the SM-SR device; storing the second public network profile in the memory as one of the plurality of profiles; disabling the first public network profile; enabling the second public network profile; and sending the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second public network profile.
Regarding Claim 17, Kushwaha teaches: the method further comprising performing: a download and enable procedure with a subscription manager secure routing (SM-SR) device: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice” (Kushwaha Col 11 Lines 37-40), including: receiving a second public network profile from the SM-SR device; storing the second public network profile in the memory as one of the plurality of profiles; disabling the first public network profile; enabling the second public network profile: “the causing operation 508 may include providing, to a subscription manager secure routing service, a request to switch the device to another core network that provides the federated network slice such that the subscription manager secure routing service provisions the device to disable a first profile for connecting to the core network and to enable a second profile for connecting with the another core network” (Kushwaha Col 11 Lines 37-44) where the profiles are public and Kushwaha is concerned with both public and private networks: “The core networks 120a-n may include any mobile communication network such as 4G/LTE networks and/or 5G cellular public and/or private networks” (Kushwaha Col 3 Lines 28-30); and sending the refresh command to the communication device, wherein the refresh command is for causing the communication device to authenticate with a second wireless network corresponding to the second public network profile: “The causing operation 508 may further include providing, to a network execution function of the another core network, a first identifier of the federated network slice and a second identifier of the device such that the network execution function updates a unified data management of the respective core network and triggers switching of the device from a default network slice of the another core network to the federated network slice” (Kushwaha Col 11 Lines 44-51).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosures of Cuadrat and Rajwar with Kushwaha to achieve the predictable result of optimizing adaptive uses of network slices. According to Kushwaha: “Example embodiments provide for an adaptive and optimized usage of network slices. Enterprises bundle up network slices of various network operators and switch among them based on various rules. The enterprises build federated network slices of various types that are accessible across various network operators at different locations” (Kushwaha Col 2 Lines 6-11).
Regarding Claim 20, Cuadrat teaches: The method of claim 17, wherein the UICC is one of (i) an embedded UICC (eUICC) and (ii) an integrated UICC (iUICC): “Secure element 162 includes a platform that hosts an application and stores subscription profiles. According to one example, secure element 162 may be implemented as an eUICC. According to another example, secure element 162 may be implemented as a UICC or other type of form factor.” (Cuadrat Col 6 Lines 23-27).
Regarding Claim 22, Cuadrat and Kushwaha teach: The method of claim 17.
Cuadrat and Kushwaha do not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network.
Regarding Claim 22, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the public wireless network: “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosures of Cuadrat and Kushwaha with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Regarding Claim 23, Cuadrat and Kushwaha teach: The method of claim 17.
Cuadrat and Kushwaha do not teach: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network.
Regarding Claim 23, Rajwar teaches: the notification procedure with the SM-SR device is performed after authentication by the communication device with the private wireless network : “the hardware processor(s) 502 may execute machine-readable/machine-executable instructions stored in the machine-readable storage media 504 to update the current operator information in the data store. In some embodiments, HPE® dynamic SIM provisioning (DSP) platform may send a request to SM-SR (Custom interface) to update the SM-SR database with the correct active profile in the eSIM device” (Rajwar ¶ 0083), where Rajwar’s disclosure applies both to the private and public network configurations within Rajwar’s disclosure (“In some embodiments, a MNO IT system may interact, communicate, or connect with eSIM management platform 110 using a public network Wi-Fi®, a private network Wi-Fi®, direct physical connections such as USB® or ethernet, Bluetooth®, near field communication (NFC), or a variety of other means” (Rajwar ¶ 0032)).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosures of Cuadrat and Kushwaha with Rajwar to achieve the predictable result of granting further control of eSIM devices to avoid complications associated with eSIM management. According to Rajwar: “rules may be defined to allow further control of an eSIM device. By these means operators may avoid many of the present complications associated with eSIM management identified above and improve their command over an array of eSIM devices deployed in the field” (Rajwar ¶ 0019).
Claims 4, 12, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Cuadrat and Rajwar as applied to claims 1, 9, and 17 above, and further in view of Cunliffe (US 2023/0121282), hereinafter Cunliffe.
Regarding Claim 4, Cuadrat and Rajwar teach: The computer-readable storage medium of claim 3.
Cuadrat does not teach: the switchback trigger corresponds to a connection loss with the private wireless network by the communication device.
Regarding Claim 4, Cunliffe teaches: the switchback trigger corresponds to a connection loss with the private wireless network by the communication device: “In the event of an outage in the MNO X network 320 whilst using the Bootstrap Profile 313, a process called a Fallback Cancellation process can be used. Fallback Cancellation allows the eUICC 310 to cancel the Fallback mechanism, thereby switching the eUICC 310 from the Bootstrap Profile 313 back to the Operational Profile 311. This was implemented initially for the car industry where the car may need to make an emergency call in the event of an accident. If there was an outage on the Bootstrap Profile, then the car would be unable to make a call, hence the Fallback Cancellation process was designed to switch from the Bootstrap Profile to the Operational Profile. As with the Fallback process, in order to initiate the Fallback Cancellation process, the alarm device 302 or network 320 is required to command the eUICC 310 to perform Fallback Cancellation to switch back to the Operational Profile” (Cunliffe ¶ 0031).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat and Rajwar with Cunliffe to achieve the predictable result of improving connection reliability. According to Cunliffe: “Dual path connectivity solutions can, therefore, be integrated into security devices to provide resilience against physical attack and from issues arising from connectivity providers such as mobile network operators (MNOs)” (Cunliffe ¶ 0003).
Regarding Claim 12, Cuadrat and Rajwar teach: The computer-readable storage medium of claim 11.
Cuadrat and Rajwar do not teach: the switchback trigger corresponds to a connection loss with the public wireless network by the communication device.
Regarding Claim 12, Cunliffe teaches: the switchback trigger corresponds to a connection loss with the public wireless network by the communication device: “In the event of an outage in the MNO X network 320 whilst using the Bootstrap Profile 313, a process called a Fallback Cancellation process can be used. Fallback Cancellation allows the eUICC 310 to cancel the Fallback mechanism, thereby switching the eUICC 310 from the Bootstrap Profile 313 back to the Operational Profile 311. This was implemented initially for the car industry where the car may need to make an emergency call in the event of an accident. If there was an outage on the Bootstrap Profile, then the car would be unable to make a call, hence the Fallback Cancellation process was designed to switch from the Bootstrap Profile to the Operational Profile. As with the Fallback process, in order to initiate the Fallback Cancellation process, the alarm device 302 or network 320 is required to command the eUICC 310 to perform Fallback Cancellation to switch back to the Operational Profile” (Cunliffe ¶ 0031).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat and Rajwar with Cunliffe to achieve the predictable result of improving connection reliability. According to Cunliffe: “Dual path connectivity solutions can, therefore, be integrated into security devices to provide resilience against physical attack and from issues arising from connectivity providers such as mobile network operators (MNOs)” (Cunliffe ¶ 0003).
Regarding Claim 21, Cuadrat, Rajwar, and Kushwaha teach: The method of claim 17.
Cudarat, Rajwar, and Kushwaha do not teach: the switchback trigger corresponds to a connection loss with the private wireless network by the communication device.
Regarding Claim 21, Cunliffe teaches: the switchback trigger corresponds to a connection loss with the private wireless network by the communication device: “In the event of an outage in the MNO X network 320 whilst using the Bootstrap Profile 313, a process called a Fallback Cancellation process can be used. Fallback Cancellation allows the eUICC 310 to cancel the Fallback mechanism, thereby switching the eUICC 310 from the Bootstrap Profile 313 back to the Operational Profile 311. This was implemented initially for the car industry where the car may need to make an emergency call in the event of an accident. If there was an outage on the Bootstrap Profile, then the car would be unable to make a call, hence the Fallback Cancellation process was designed to switch from the Bootstrap Profile to the Operational Profile. As with the Fallback process, in order to initiate the Fallback Cancellation process, the alarm device 302 or network 320 is required to command the eUICC 310 to perform Fallback Cancellation to switch back to the Operational Profile” (Cunliffe ¶ 0031).
It would have been obvious before the effective filing date of the claimed invention to combine the disclosure of Cuadrat, Rajwar, and Kushwaha with Cunliffe to achieve the predictable result of improving connection reliability. According to Cunliffe: “Dual path connectivity solutions can, therefore, be integrated into security devices to provide resilience against physical attack and from issues arising from connectivity providers such as mobile network operators (MNOs)” (Cunliffe ¶ 0003).
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 BRADLEY DAVIS LYTLE whose telephone number is (703)756-4593. The examiner can normally be reached M-F 8:00 AM - 4:00 PM EST.
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/B.D.L./Examiner, Art Unit 2473
/BRADLEY D LYTLE JR./Examiner, Art Unit 2473
/KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473