Prosecution Insights
Last updated: October 23, 2026
Application No. 18/366,798

PHONE LICENSE

Non-Final OA §101§103
Filed
Aug 08, 2023
Examiner
NGUYEN, KHAI MINH
Art Unit
2641
Tech Center
2600 — Communications
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1138 granted / 1305 resolved
+25.2% vs TC avg
Minimal +4% lift
Without
With
+4.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
1350
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1305 resolved cases

Office Action

§101 §103
DETAILED ACTION The present application is being examined under the pre-AIA first to invent provisions. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Claims 8-20 are rejected under 35 U.S.C. 101 because: Claims 8 recites “a computer program product for validating a phone to perform nonprohibited telecommunication activities, the computer program product comprising: one or more computer-readable storage media; and program instructions, stored on at least one of the one or more storage media”, Because it encompasses a computer program per se, which is not within the enumerated statutory categories of invention. Claims 14 recites “a computer system for validating a phone to perform nonprohibited telecommunication activities, the computer system comprising: a phone; one or more processors, one or more computer-readable memories and one or more computer-readable storage media; program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories” “program instructions” which are described terms of functions which can be attributed to a computer program. Because it encompasses a computer program per se, which is not within the enumerated statutory categories of invention. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-6 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Schibuk (US 20090132813 A1) in view of Fitzgerald et al. (US 20120237908 A1). Considering claim 1, Schibuk teaches a method for validating a phone to perform nonprohibited telecommunication activities (Fig.8-9, [0016]), comprising the steps of: determining whether a phone license (a passport, a birth certificate, a Transportation Worker Identification Credential (TWIC), a Common Access Card (CAC), a smartcard, a driver's license, a pilot's certificate, an identification card, an organization membership card, an insurance card, a credit card, a debit card, a store discount card, a public transportation card, or a library card) is configured on a phone Fig.8-9, [0016], [0043] determining validity of the credential, and if the credential is determined to be valid, evaluating the credential for conformity with the set of criteria, [0188]-[0189] data service provider applies revocation policies in process 954 to determine whether the credentials presented are still valid, and whether the individual's digital resume has been revoked); validating that the phone license on the phone is valid (Fig.8-9, [0016] a driver's license, [0043] determining validity of the credential, [0188]-[0189] valid); determining whether there are usage invalid assigned to the phone license (Fig.8-9, [0133] derives from smartcards, other identity documents, or a challenge response, the credentials themselves are tested for validity in accordance with embodiments of the invention, using the process depicted in FIG. 4. If one or more credentials are invalid, [0189]); applying the usage invalid to features of the phone (Fig.8-9, [0189] If the presented credentials are invalid, in process 956 the service provider transmits an INVALID message. If they are valid, the service provider in process 958 transmits a VALID message along with the updated digital resume. It transmits this decision to the phone, and the phone receives this data in process 960. The phone then enables applications and updates the resume in process 970. If the first responder's credentials are not valid, the phone will not enable access to the sensitive applications. If the credentials are valid, the phone then may enable access to at least some of the applications or data based on the resume that it received); and allowing the phone to perform nonprohibited telecommunication activities (Fig.8-9, [0188]-[0189] process 952 the data service provider 950 validates the trust chains for each credential certificate and summary certificate contained in the resume. This validation process serves two purposes: first, to verify the credentials presented to unlock the phone 910). Schibuk does not clearly teach usage prohibitions assigned to the phone. Fitzgerald teaches usage prohibitions assigned to the phone ([0042] if the current user is not the authorized user, providing additional security to prohibit unauthorized users from tampering with security protocols, [0068]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine or modify of Fitzgerald to Schibuk to consequence to the mobile user equipment when the rule is at least one of followed or violated. The at least one consequence includes at least one of a reward or a punishment, and the at least one consequence pertains to use of the mobile user equipment. Considering claim 8, Schibuk teaches a computer program product for validating a phone to perform nonprohibited telecommunication activities, the computer program product comprising: one or more computer-readable storage media; and program instructions, stored on at least one of the one or more storage media, to: determine whether a phone license (a passport, a birth certificate, a Transportation Worker Identification Credential (TWIC), a Common Access Card (CAC), a smartcard, a driver's license, a pilot's certificate, an identification card, an organization membership card, an insurance card, a credit card, a debit card, a store discount card, a public transportation card, or a library card) is configured on a phone Fig.8-9, [0016], [0043] determining validity of the credential, and if the credential is determined to be valid, evaluating the credential for conformity with the set of criteria, [0188]-[0189] data service provider applies revocation policies in process 954 to determine whether the credentials presented are still valid, and whether the individual's digital resume has been revoked); validate that the phone license on the phone is valid (Fig.8-9, [0016] a driver's license, [0043] determining validity of the credential, [0188]-[0189] valid); determine whether there are usage invalid assigned to the phone license (Fig.8-9, [0133] derives from smartcards, other identity documents, or a challenge response, the credentials themselves are tested for validity in accordance with embodiments of the invention, using the process depicted in FIG. 4. If one or more credentials are invalid, [0189]); apply the usage invalid to features of the phone (Fig.8-9, [0189] If the presented credentials are invalid, in process 956 the service provider transmits an INVALID message. If they are valid, the service provider in process 958 transmits a VALID message along with the updated digital resume. It transmits this decision to the phone, and the phone receives this data in process 960. The phone then enables applications and updates the resume in process 970. If the first responder's credentials are not valid, the phone will not enable access to the sensitive applications. If the credentials are valid, the phone then may enable access to at least some of the applications or data based on the resume that it received); and allow the phone to perform nonprohibited telecommunication activities (Fig.8-9, [0188]-[0189] process 952 the data service provider 950 validates the trust chains for each credential certificate and summary certificate contained in the resume. This validation process serves two purposes: first, to verify the credentials presented to unlock the phone 910). Schibuk does not clearly teach usage prohibitions assigned to the phone. Fitzgerald teaches usage prohibitions assigned to the phone ([0042] if the current user is not the authorized user, providing additional security to prohibit unauthorized users from tampering with security protocols, [0068]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine or modify of Fitzgerald to Schibuk to consequence to the mobile user equipment when the rule is at least one of followed or violated. The at least one consequence includes at least one of a reward or a punishment, and the at least one consequence pertains to use of the mobile user equipment. Considering claim 14, Schibuk teaches a computer system for validating a phone to perform nonprohibited telecommunication activities, the computer system comprising: a phone; one or more processors, one or more computer-readable memories and one or more computer-readable storage media; program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories, to determine whether a phone license (a passport, a birth certificate, a Transportation Worker Identification Credential (TWIC), a Common Access Card (CAC), a smartcard, a driver's license, a pilot's certificate, an identification card, an organization membership card, an insurance card, a credit card, a debit card, a store discount card, a public transportation card, or a library card) is configured on a phone Fig.8-9, [0016], [0043] determining validity of the credential, and if the credential is determined to be valid, evaluating the credential for conformity with the set of criteria, [0188]-[0189] data service provider applies revocation policies in process 954 to determine whether the credentials presented are still valid, and whether the individual's digital resume has been revoked); program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories, to validate that the phone license on the phone is valid (Fig.8-9, [0016] a driver's license, [0043] determining validity of the credential, [0188]-[0189] valid); program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories, to determine whether there are usage invalid assigned to the phone license (Fig.8-9, [0133] derives from smartcards, other identity documents, or a challenge response, the credentials themselves are tested for validity in accordance with embodiments of the invention, using the process depicted in FIG. 4. If one or more credentials are invalid, [0189]); program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories, to apply the usage invalid to features of the phone (Fig.8-9, [0189] If the presented credentials are invalid, in process 956 the service provider transmits an INVALID message. If they are valid, the service provider in process 958 transmits a VALID message along with the updated digital resume. It transmits this decision to the phone, and the phone receives this data in process 960. The phone then enables applications and updates the resume in process 970. If the first responder's credentials are not valid, the phone will not enable access to the sensitive applications. If the credentials are valid, the phone then may enable access to at least some of the applications or data based on the resume that it received); and program instructions, stored on at least one of the one or more storage media for execution by at least one of the one or more processors via at least one of the one or more memories, to allow the phone to perform nonprohibited telecommunication activities (Fig.8-9, [0188]-[0189] process 952 the data service provider 950 validates the trust chains for each credential certificate and summary certificate contained in the resume. This validation process serves two purposes: first, to verify the credentials presented to unlock the phone 910). Schibuk does not clearly teach usage prohibitions assigned to the phone. Fitzgerald teaches usage prohibitions assigned to the phone ([0042] if the current user is not the authorized user, providing additional security to prohibit unauthorized users from tampering with security protocols, [0068]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine or modify of Fitzgerald to Schibuk to consequence to the mobile user equipment when the rule is at least one of followed or violated. The at least one consequence includes at least one of a reward or a punishment, and the at least one consequence pertains to use of the mobile user equipment. Considering claims 2, 9, 15, requesting a user of the phone to provide an identifier of the phone license to the phone ([0016] credential data is derived from one or more of: a passport, a birth certificate, a Transportation Worker Identification Credential (TWIC), a Common Access Card (CAC), a smartcard, a driver's license, a pilot's certificate, an identification card…, [0125] biometric identifier). Considering claims 3, 10, 16, authenticating the provided phone license identifier ([0010] a personal identification number [0016] data is derived from a driver's license). Considering claims 4, 11, 17, wherein the identifier of the phone license can include a series of numbers and/or letters ([0010] a personal identification number). Considering claims 5, 12, 18, wherein the identifier of the phone license is a quick response (QR) code ([0125] barcode). Considering claims 6, 13, 19, wherein the identifier of the phone license is on a phone license card ([0016]. data is derived from a driver's license) Allowable Subject Matter Claims 7 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 KHAI MINH NGUYEN whose telephone number is (571)272-7923. The examiner can normally be reached 6-3. 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, Charles Appiah can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KHAI M NGUYEN/ Primary Examiner, Art Unit 2641
Read full office action

Prosecution Timeline

Aug 08, 2023
Application Filed
Nov 20, 2023
Response after Non-Final Action
Sep 29, 2026
Non-Final Rejection mailed — §101, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
92%
With Interview (+4.4%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1305 resolved cases by this examiner. Grant probability derived from career allowance rate.

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