Prosecution Insights
Last updated: May 29, 2026
Application No. 18/449,667

DYNAMIC MANAGEMENT OF A PROVISIONING eSIM FOR A WIRELESS DEVICE

Non-Final OA §103
Filed
Aug 14, 2023
Priority
Sep 06, 2022 — provisional 63/374,727
Examiner
TRAN, CONGVAN
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1042 granted / 1167 resolved
+27.3% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
1190
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
34.2%
-5.8% vs TC avg
§102
57.8%
+17.8% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1167 resolved cases

Office Action

§103
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 . Election/Restrictions Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 26 January 2026. Claim 20 has been cancelled. Claims 21 has been added. 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, 13-14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (2022/0330007) in view of Takakura (2021/0360723). Regarding claims 1, 13 and 21, Li discloses a wireless device (see abstract, fig.4, fig.12, paragraphs [0050], [0058]), comprising: wireless circuitry comprising one or more antennas and an embedded universal integrated circuit card (eUICC) (see abstract, fig.12, element 1204, 1207, paragraphs [0058], [0200] and its description) and one or more processors communicatively coupled to the wireless circuitry and to a memory storing instructions that, when executed by the one or more processors, configure the wireless device to (see abstract, fig.12, element 1201,1204, 1208, paragraphs [0058], [0200] and its description); determine no user electronic subscriber identity modules (eSIMs) are installed on the eUICC (see paragraph [0020]); reconfigure a provisioning eSIM on the eUICC from a disabled state to an inactive state (see paragraphs [0010-0011]); detect a network connection is required for the wireless device (see paragraph [0011]); reconfigure the provisioning eSIM from the inactive state to an active state (see paragraph [0017-0018]); attach the wireless device to a cellular wireless network using credentials of the provisioning eSIM (see abstract, fig.4, element 150, 197, paragraphs [0050], [0080], [0088] and its description); establish the network connection via the cellular wireless network (see abstract, fig.4, element 150, paragraphs [0050], [0091], [0093] and its description); detect completion of use of the network connection (see paragraph [0011]), except for back-off timer. However, Takakura discloses EU and communication control method including reconfigure the provisioning eSIM from the active state to the inactive state after expiration of a back-off timer, wherein the provisioning eSIM, while in the inactive state, is enabled and restricted from being used to attach the wireless device to the cellular wireless network (see abstract, fig.5, paragraphs [0018], [0029], [0091], [0122], [0185-0188], [0407-0410] and its description). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use Takakura’s the back-off timer in order to add more functions for the use of telecommunication devices. Regarding claim 2, Li further comprising: by the wireless device: determining no non-cellular wireless connection is available prior to reconfiguring the provisioning eSIM from the inactive state to the active state (see fig.4, element 160, paragraphs [0080], [0090-0091], [0095-0096] and its description). Regarding claim 3, Takakura further comprising: by the wireless device: incrementing a usage count for the provisioning eSIM before reconfiguring the provisioning eSIM to the active state (see paragraph [0160]); and decrementing the usage count for the provisioning eSIM after detection completion of the use of the network connection (see paragraph [0160-0162]). Regarding claim 4, Takakura further comprising: by the wireless device: initiating the back-off timer responsive to the usage count equaling a null value (see paragraphs [0160-0163], [0268]). Regarding claim 5, Takakura further comprising: by the wireless device: maintaining attachment to the cellular wireless network via the credentials of the provisioning eSIM after initiation and until expiration of the back-off timer (see paragraphs [0160-0163], [0185-0186]). Regarding claims 6 and 14, Li further discloses wherein determination by the wireless device that no user eSIMs are installed on the eUICC comprises: querying the eUICC for available user eSIMs (see paragraph [0145]); and receiving an indication from the eUICC indicating the provisioning eSIM is the only eSIM installed on the eUICC (see paragraph [0008]). Claims 7-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (2022/0330007) in view of Takakura (2021/0360723) and in further view of Kreishan et al. (2022/0322083). Regarding claims 7 and 15, Li and Takakura disclose all the subject maters above, except for the network connection comprises a transport layer security (TLS). However, Kreishan discloses an authentication management in a wireless network environment including the network connection comprises a transport layer security (TLS) tunneled connection via a secure proxy server (see abstract, fig.7, elements 110, 655 181, paragraph [0142] and its description). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use Kreishan’s transport layer security (TLS) in order to provide secure communication over a computer network. Regarding claim 8, Kreishan further discloses wherein detecting completion of use of the network connection comprises detecting closure of the TLS tunneled connection (see paragraphs [0142], [0160]) Allowable Subject Matter Claims 9-12 and 16-19 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. Regarding claims 9-12 and 16-19, Li, Takakura and Kreishan disclose all subject matters above. However, Li, Takakura and Kreishan fail to teach all the limitations disclose in dependent claims 9-12 and 16-19. Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th. 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, Alison Slater can be reached on (571) 270-0375. 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. PNG media_image1.png 125 125 media_image1.png Greyscale UNITED STATES PATENT AND TRADEMARK OFFICE /CONGVAN TRAN/Primary Examiner, Art Unit 2647
Read full office action

Prosecution Timeline

Aug 14, 2023
Application Filed
May 31, 2024
Response after Non-Final Action
Feb 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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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
89%
Grant Probability
94%
With Interview (+4.8%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1167 resolved cases by this examiner. Grant probability derived from career allowance rate.

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