CTNF 18/308,699 CTNF 86967 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 24 recite “…handle the encrypted data connection between the client and the device…” There is insufficient antecedent basis for “the client” and “the device” limitations in the claim. Examiner believes this recitation should read “…handle the encrypted data connection between the client device and the device server …” Claim 4 recites “…between the client and the server based on…”. There is insufficient antecedent basis for “the client” limitation in the claim. Examiner believes this recitation should read “…between the client device and the server based on…” Claim 6 recites “forward the first response to the client device based on the application categorization.”. However, claim 1 from which claim 6 depends recites that the application categorization is determined based on the second response which is received after the first response. Examiner believes this recitation should read ‘forward the second first response to the client device based on the application categorization. Claim 5 recites the limitation "the subsequent communication". There is insufficient antecedent basis for this limitation in the claim. Claim 14 recites “the encrypted data connection”. There is insufficient antecedent basis for this limitation in the claim. Examiner believes Claim 14 should depend from claim 10 rather than claim 1. Claim 19 recites the limitation “the delivery of messages of the server”. There is insufficient antecedent basis for this limitation in the claim. Claims 20 and 21 have several recitations of “the client”. There is insufficient antecedent basis for this limitation in the claims. Examiner believes these recitations should read “the client device ”. Any claim not specifically addressed above is being rejected as incorporating the deficiencies of a claim upon which it depends. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 3-18, 22-25 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ihlar et al. (US Pub. 20220086691 A1) . Ihlar discloses the following limitations: 1. An apparatus for a network element, the apparatus comprising interface circuitry, machine-readable instructions, and processing circuitry to execute the machine-readable instructions to: obtain a first request to establish an encrypted data connection between a client device and a server from the client device; forward the first request to the server (Fig. 3) ; obtain a first response from the server, with the first response being based on the first request (Fig. 3, PDU session establishment) ; provide a second request to establish an encrypted data connection to the server (para. 79) ; obtain a second response from the server, with the second response being based on the second request (para. 84) ; determine an application categorization for the encrypted data connection between the client device and the server based on the second response (para. 87) ; and handle the encrypted data connection between the client and the device based on the application categorization. (para. 96) 3. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to handle the encrypted data connection without decrypting the encrypted data connection. (para. 54) 4. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to apply one or more data connection parameters to the encrypted data connection between the client and the server based on the application categorization. (para. 94-96) 5. The apparatus according to claim 4, wherein the processing circuitry is to execute the machine-readable instructions to select at least one of a connection bearer, a Quality of Service, QoS, setting, and a charging function for the subsequent communication based on the application categorization. (para. 94-96) 6. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to forward the first response to the client device based on the application categorization. (Fig. 3) 7. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to determine the application categorization for the encrypted data connection between the client device and the server based on a server certificate included in the second response. (para. 89) 8. The apparatus according to claim 7, wherein the processing circuitry is to execute the machine-readable instructions to determine the application categorization for the encrypted data connection between the client device and the server based on a subject common name and/or subject alternative name of the server certificate included in the second response. (para. 54, 89) 9. The apparatus according to claim 1, wherein the first response is at least partially encrypted. (Fig. 3, PDU session establishment) 10. The apparatus according to claim 1, wherein the encrypted data connection between the client device and the server is a Transport Layer Security, TLS, encrypted data connection. (Fig. 3) 11. The apparatus according to claim 10, wherein the first request and the second request are TLS Client Hello handshake messages. (Fig. 3) 12. The apparatus according to claim 10, wherein the processing circuitry is to execute the machine-readable instructions to intercept a handshake message of the TLS encrypted data connection to obtain the first request. (Fig. 3) 13. The apparatus according to claim 12, wherein the handshake message is a layer five Secure Sockets Layer, SSL, and/or Transport Layer Security, TLS, handshake message, and wherein the handshake message is intercepted at layer 4 of a communication between the client device and the server. (Fig. 3) 14. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to determine a TLS version of the encrypted data connection, and to provide the second request if the TLS version matches a criterion. (para. 55) 15. The apparatus according to claim 14, wherein the processing circuitry is to execute the machine-readable instructions to provide the second request if the TLS version is at least TLS 1.3. (para. 73, 77) 16. The apparatus according to claim 15, wherein the processing circuitry is to execute the machine-readable instructions to forego providing the second request and obtaining the second response if the TLS version is at most TLS 1.2, and to determine the application categorization based on at least one of the first request and the first response. (para. 73, 77) 17. The apparatus according to claim 10, wherein at least the second request is based on TLS having a version of at least 1.3. (para. 73, 77) 18. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to buffer the first response, and to forward the first response after determining the application categorization. (para. 80) 22. The apparatus according to claim 1, wherein the processing circuitry is to execute the machine-readable instructions to generate the second request based on at least one of a destination internet protocol address, a destination port and a destination server name indicator included in the first request. (para. 54-56) 23. The apparatus according to claim 22, wherein the processing circuitry is to execute the machine-readable instructions to cache the application categorization for a given combination of two or more of the destination internet protocol address, the destination port and the destination server name indicator included in the first request using memory circuitry of the apparatus, and to determine the application categorization of subsequently established encrypted data connection further based on the cached application categorization. (para. 75-80) Regarding claim 24, the subject matter claimed pertain to method steps that correspond to the system elements of claim 1 and thus rejected for the same analysis. Implementing the system would have necessitated carrying through the method steps as recited. Regarding claim 25, it merely recites a computer program that when executed, performs the functional steps of method claim 24, and thus, rejected for the same rationale . Claim Objections 07-43-02 AIA Claim s 2 and 19-21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached at (571)272-6798. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433 Application/Control Number: 18/308,699 Page 2 Art Unit: 2433 Application/Control Number: 18/308,699 Page 3 Art Unit: 2433 Application/Control Number: 18/308,699 Page 4 Art Unit: 2433 Application/Control Number: 18/308,699 Page 5 Art Unit: 2433 Application/Control Number: 18/308,699 Page 6 Art Unit: 2433 Application/Control Number: 18/308,699 Page 7 Art Unit: 2433 Application/Control Number: 18/308,699 Page 8 Art Unit: 2433 Application/Control Number: 18/308,699 Page 9 Art Unit: 2433
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