DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. It is noted that the IDS filed on April 17, 2026 contains an extremely large number of references for consideration by the Examiner. Examiner has given the references a limited review. If the applicant and/or applicant’s representative are aware of any particular reference or portion of a reference in the list which the examiner should pay particular attention to, it is requested that it be specifically pointed out in response to this office action.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4. Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18, 22 of U.S. Patent No. 10,749,893. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claims 1 and 18, claim 1 or 18 and 5 and 7 of U.S. Patent No. 10,749,893 B1 teaches a method/system for inferring a relationship between two entities, the method comprising the steps of: receiving at a server a network observation dataset, each data point in the dataset comprising (a) a device identifier, and (b)(i) a network address or (b)(ii) a device location; selecting from the dataset a first-type data point comprising: (A) a first device identifier, and (B)(i) a first network address or (B)(ii) a first device location; identifying a first entity associated with the first network address or the first device location; selecting from the dataset a second-type data point comprising: (A) the first device identifier, and (C)(i) a second network address different from the first network address or (C)(11) a second device location different from the first device location; identifying a second entity that is different from the first entity and that is associated with the second network address or the second device location; and inferring, at a baseline confidence level, a relationship between the first entity and the second entity based on the first device identifier being associated with both the first entity identified from the first-type data point and the second entity identified from the second-type data point.
Claims 1 and 18, merely broaden the scope of claim 1 or 18 of U.S. Patent No. 10,749,893 B1 by removing limitations “determining that: a total number or frequency of the first-type data points in the dataset is at least equal to a specified home-count or home-frequency threshold; and determining that: a total number or frequency of the second-type data points in the dataset is at least equal to a specified visitor-count or visitor-frequency threshold.”
Regarding claim 2, claim 2 of U.S. Patent No. 10,749,893 B1 teaches the first network address comprises: a first Internet Protocol (IP) address, a first service set identifier (SSID), or a first basic SSID (BSSID); and the second network address comprises a second IP address, a second SSID, or a second BSSID.
Regarding claims 3 and 19, claim 3 ad 4 of U.S. Patent No. 10,749,893 B1 teaches further comprising: selecting from the dataset a third-type data point comprising: (D) a second device identifier, and (C)(i) the second network address or (C)(ii) the second device location; selecting from the dataset a fourth-type data point comprising: (D) the second device identifier, and (B)(i) the first network address or (B)(ii) the first device location; and increasing the baseline confidence level.
Regarding claims 4 and 20, claim 1 of U.S. Patent No. 10,749,893 B1 teaches further comprising: determining that: (i) a total number or frequency of the first-type data points in the dataset is at least equal to a specified home-count or home-frequency threshold; determining that: (i) a total number or frequency of the second-type data points in the dataset is at least equal to a specified visitor-count or visitor-frequency threshold; and increasing the baseline confidence level.
Regarding claims 5 and 21, claim 5 of U.S. Patent No. 10,749,893 B1 teaches further comprising: receiving an enrichment attribute; testing whether the enrichment attribute is associated with the first entity or the second entity; and increasing the baseline confidence level, when the enrichment attribute is determined to be associated with the first entity or the second entity; and otherwise, decreasing the baseline confidence level or invalidating the inferred relationship.
Regarding claim 6, claim 6 of U.S. Patent No. 10,749,893 B1 teaches wherein: the enrichment attribute comprises an entity identifier; and the testing step comprises determining whether the entity identifier identifies the first entity, the second entity, or a different third entity.
Regarding claim 7, claim 7 of U.S. Patent No. 10,749,893 B1 teaches wherein:
the enrichment attribute comprises a service set identifier (SSID); and the testing step comprises determining whether the SSID is associated with the first network address or the second network address or neither the first nor the second network address.
Regarding claim 8, claim 8 of U.S. Patent No. 10,749,893 B1 teaches wherein the enrichment attribute comprises a physical location associated with the first or the second network address.
Regarding claim 9, claim 9 of U.S. Patent No. 10,749,893 B1 teaches wherein:
the enrichment attribute comprises a classification of the first or the second network address; and the testing step comprises determining whether the classification indicates a business entity.
Regarding claim 10, claim 10 of U.S. Patent No. 10,749,893 B1 teaches
wherein: the enrichment attribute comprises a list of Access Points (APs) associated with the first network address; and the testing step comprises determining whether one or more APs in the list are designated as non-guest APs.
Regarding claim 11, claim 11 of U.S. Patent No. 10,749,893 B1 teaches wherein: the enrichment attribute comprises a list of Access Points (APs) associated with the second network address; and the testing step comprises determining whether one or more APs in the list are designated as guest APs.
Regarding claim 12, claim 12 of U.S. Patent No. 10,749,893 B1 teaches wherein:
the enrichment attribute comprises a list of devices associated with the first or the second network address and a respective type of each device; and the testing step comprises determining whether one or more devices in the list are endpoint devices.
Regarding claim 13, claim 13 of U.S. Patent No. 10,749,893 B1 teaches wherein the first-type data point or the second-type data point comprises the enrichment attribute.
Regarding claim 14, claim 14 or 22 and 15 and 16 of U.S. Patent No. 10,749,893 B1 teaches a system for inferring a relationship between two entities, comprising: a processor; a network port in communication with the processor; and a memory coupled to the processor and comprising instructions, which when executed by the processor, program the processor to: and receive, from a data source via the network port, a network observation dataset, each data point in the dataset comprising one or more of: (i) a device identifier, (11) a user identifier, (iii) a network address, or (ili) a device location; select from the dataset a first-type data point comprising: (A)(i) a first device identifier or (A)(ii) a first user identifier, and (B)(1) a first network address or (B)(ii) a first device location; identify a first entity associated with the first network address or the first device location; select from the dataset a second-type data point comprising: (A)(1) the first device identifier or (A)(ii) the first user identifier, and (C)(i) a second network address or (C)(ii) a second device location; identify a second entity associated with the second network address or the second device location; and based on the first device identifier or the first user identifier being associated with both the first entity identified from the first-type data point and the second entity identified from the second-type data point, infer a relationship between the first entity and the second entity and designate to the inferred relationship a baseline confidence level.
Claim 14 merely broadens the scope of claim 14 of U.S. Patent No. 10,749,893 B1 by removing limitations “determining that: a total number or frequency of the first-type data points in the dataset is at least equal to a specified home-count or home-frequency threshold; and determining that: a total number or frequency of the second-type data points in the dataset is at least equal to a specified visitor-count or visitor-frequency threshold.”
Regarding claim 15, claim 15 of U.S. Patent No. 10,749,893 B1 teaches wherein: the instructions further program the processor to: receive an enrichment attribute; test whether the enrichment attribute is associated with the first entity or the second entity; and increase the baseline confidence level, when the enrichment attribute is determined to be associated with the first entity or the second entity; and otherwise, decrease the baseline confidence level or invalidate the inferred relationship.
Regarding claim 16, claim 16 of U.S. Patent No. 10,749,893 B1 teaches wherein the enrichment attribute comprises: (i) an entity identifier, (ii) a service set identifier (SSID), (iii) a physical location associated with the first or the second network address, (iv) a classification of the first or the second network address, (v) a list of Access Points (APs) associated with the first or the second network address and a respective type of each AP, or (vi) a list of devices associated with the first or the second network address and a respective type of each device.
Regarding claim 17, claim 17 of U.S. Patent No. 10,749,893 B1 teaches wherein the first-type data point or the second-type data point comprises the enrichment attribute.
Response to Arguments
5. Applicant’s arguments with respect to rejection under 35 U.S.C §103 have been fully considered and are persuasive. The rejection has been withdrawn.
Conclusion
6. THIS ACTION IS MADE FINAL. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached at 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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