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 .
Information Disclosure Statement
As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449.
Restriction Remarks
Claims 1-20 are pending.
Claims 15-20 are withdrawn as of November 7, 2025 with traverse.
Claims 1-14 are examined.
This application contains 15-20 are drawn to an invention nonelected without traverse in the reply filed on November 7, 2025. A complete reply to the final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Applicant is reminded that upon the cancellation of claims 15-20 to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
Applicant is reminded that upon the cancellation of claims 15-20 to a non-elected invention with Applicant’s amendment and response to this Non-final office action.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”.
Claims 1-14 are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example, “obtaining … first information… sending … second information … receiving …. fourth information… and determining, by the location management network element, a location of the terminal device based on the fourth information”.
The apparatus and the method claim 1 limitation, “obtaining, by a location management network element, first information from an application entity, the first information comprises a first identifier corresponding to a terminal device, and the terminal device fails to support a network access capability; sending, by the location management network element, second information to an access network device, wherein the second information is useable to establish a context of the terminal device, the second information comprises a second identifier corresponding to the terminal device, and the second identifier is determined based on the first identifier; receiving, by the location management network element, fourth information from the access network device, wherein the fourth information is determined based on third information from the terminal device, and the third information comprises the second identifier; and determining, by the location management network element, a location of the terminal device based on the fourth information”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites, “obtaining…first information… sending … second information … receiving …. fourth information… and determining, by the location management network element, a location of the terminal device based on the fourth information”. The obtaining step recited in the claim is no more than an abstract idea i.e., mental process of obtaining… sending… receiving… determining where claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished, etc., (See specifically MPEP 2106.05 (f) Sec 1. (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
Further, dependent claims do not add any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
Accordingly, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes”/” Mathematical concepts” grouping of abstract ideas. Accordingly, the claim(s) recites an abstract idea. This judicial exception is not integrated into a practical application as recited in Claims 1-14.
Claim Rejections - 35 USC § 102
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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Redlich et al., (US Patent Application No. 2010/0250497 A1 and Redlich hereinafter).
Regarding Claim 1, Redlich teaches a positioning method, comprising: obtaining, by a location management network element, first information from an application entity, the first information comprises a first identifier corresponding to a terminal device (i.e., range from more esoteric system administration lost block and segment tools, defragmentation, to disk repair tools. User-level tools walk the directory hierarchy, finding all files, the path to all files, disk space utilization, quota management, to reporting tools that map usage by location, creation user, user of last date, date of creation, name, type, and so forth.) Para [0461], and the terminal device (i.e., standard communications media, such as telegraphy, radio, or television, and the signals involved in electronic computers, servomechanism systems, and other data-processing devices) Para [0454] fails to support a network access capability (i.e., data granularity and process resiliency and fail over presumes functionality with generic user interfaces, black-box processing, web interfaces, integration with COTS products, and integration with legacy processes. DigitalDoors coexists within an extended network, with mixed platforms, and various architectures, from appliances through mainframes ) Para [0388] and (i.e. Backups, dispersion, and redundancy is a direct factor as well. The granularity is critical to issues of failover, local performance, resiliency, survivability, and fault tolerance) Para [0395] and (i.e., access control) Para [0459]; sending, by the location management network element (i.e., range from more esoteric system administration lost block and segment tools, defragmentation, to disk repair tools. User-level tools walk the directory hierarchy, finding all files, the path to all files, disk space utilization, quota management, to reporting tools that map usage by location, creation user, user of last date, date of creation, name, type, and so forth.) Para [0461], second information to an access network device, wherein the second information is useable to establish a context of the terminal device (i.e. reads on a database) Para [0472-0473] (Examiner asserts that one of ordinary skill in the art knows that databases are used for organized data to analyze and capture data where information is retrieved and collected in an organized manner. Databases are used in cloud storage and computers), the second information comprises a second identifier corresponding to the terminal device (i.e. reads on a database) Para [0472-0473] (Examiner asserts that one of ordinary skill in the art knows that databases are used for organized data to analyze and capture data where information is retrieved and collected in an organized manner. Databases are used in cloud storage and computers. Database retrieval is maintained by retrieval data in a structural way by querying information based on attributes or ID), and the second identifier is determined based on the first identifier (i.e. reads on a database) Para [0472-0473] (Examiner asserts that one of ordinary skill in the art knows that databases are used for organized data to analyze and capture data where information is retrieved and collected in an organized manner. Databases are used in cloud storage and computers. Database retrieval is maintained by retrieval data in a structural way by querying information based on attributes or ID); receiving, by the location management network element, fourth information from the access network device, wherein the fourth information is determined based on third information from the terminal device, and the third information comprises the second identifier (i.e., Data elements must be categorized individually ) Para 0733]; and determining, by the location management network element, a location of the terminal device based on the fourth information (i.e. showing the user, the user's location, other associates, and capturing the screen) Para [0720].
Regarding Claim 2, Redlich teaches wherein the first information further comprises a first location of the terminal device and a first parameter of the terminal device, the first identifier and the first parameter are useable to determine the second identifier, and the method further comprises: selecting, by the location management network element, the access network device, wherein the first location is within a service area of the access network device (i.e., site IDs … resolves site IDs, vets for identification and authorization, and establishes access level for global reconstitution. The server matches the site ID and provides the recovery map and reconstitution files from wherever they are stored. It returns only the reconstitution files as allowed by the lowest condition of local, networked, or global security} status and the designated security clearance for the requesting user. The clearinghouse server can also compare security hashes or digital file signatures to validate the integrity of the request for reconstitution files to preclude attacks using random site IDs) Para [0791].
Regarding Claim 3, Redlich teaches wherein the second information further comprises routing information of the location management network element (i.e. network platform) Para [0764] and (i.e., various locations, the reclassification (reconstitution) process is granular. Granularity is a function of location, user) Para [0795].
Regarding Claim 4, Redlich teaches wherein the terminal device is a device for which at least one of: a non-access stratum (NAS) protocol fails to be configured or a radio resource control (RRC) protocol fails to be configured (i.e., As the migration of the DigitalDoors infrastructure migrates to Sun Microsystems, NAS, SAN, iSCSI, FibreChannel, SNIA, and/or other storage methodologies, other data access methods will be supported in the same way. Currently, DigitalDoors supports at least 30 distinct storage locations for a single organization, with an unlimited parallel number for backup and replication) Para [0761].
Regarding Claim 5, Redlich teaches wherein the fourth information comprises signal strength information of a radio wave signal which includes the third information; or the fourth information comprises a time at which the access network device receives the third information (i.e., the strength of the EMP pulse drops exponentially over a distance. Therefore, even if the EMP pulse ground zero is at data store 4010, 4012 (see distance d0 in the distance chart-line), then, at some unknown distance d1 from ground zero d0, the strength of the EMP pulse is exponentially lower. Therefore, the destructive effect on the EMP pulse is reduced by the distance from ground zero distance d0 ) Para [0084]; Para [0099]-[0100].
Regarding Claim 6, Redlich teaches further comprising: receiving, by a mobility management network element, the first information; and sending, by the mobility management network element, the first information to the location management network element (i.e., management capabilities of the system enable users and administrators to gage and control the level of risk by setting the level of granularity. The design for all process, all inputs, all outputs, and storage is granular. This addresses the core issues of scalability, reliability, resilience, survivability, fault tolerance, speed, mobility, reconfiguration, and flexibility) Para [0379].
Regarding Claim 7, Redlich teaches wherein the first information further comprises a first location of the terminal device, a positioning capability of the terminal device, and a first parameter of the terminal device, and the method further comprises: selecting, by the mobility management network element, the location management network element based on the first location and the positioning capability (i.e., management capabilities of the system enable users and administrators to gage and control the level of risk by setting the level of granularity. The design for all process, all inputs, all outputs, and storage is granular. This addresses the core issues of scalability, reliability, resilience, survivability, fault tolerance, speed, mobility, reconfiguration, and flexibility ) Para [0379].
Regarding Claim 8, Redlich teaches further comprising: obtaining, by a data storage management network element, the first information; and sending, by the data storage management network element, the first information to the first mobility management network element Para [2075].
Regarding Claim 9 , Redlich teaches further comprises a first location of the terminal device, and the method further comprises: selecting, by the data storage management network element, the first mobility management network element, wherein the first location is within a service area of the first mobility management network element (i.e., The system, in step 434, monitors and logs the location of the user making the inquiry, the type of inquiry, the time, day, date, clearance level and access level and logs all modifications to the plain text source document. One example of the log is set forth below in the Security Report Table) Para [3245].
Regarding Claim 10, Redlich teaches wherein the method further comprises: sending, by the data storage management network element, a first request (i.e. data request) Figure A-1B, whole figure)
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message to the application entity (i.e., there is another intended receiver different from the actual receiver for whom this message is actually directed. This disparity opens up sending covert messages in the clear, meaning hidden in plan sight, or information with greater value than obvious) Para [0456], wherein the first request message is useable to request the application entity to send a second location of the terminal device in response to the second location of the terminal device being outside the service area of the first mobility management device; receiving, by the data storage management network element, the information about the second location (i.e., Directory files (the map) details source information, recovery file locations, Secured file locations, and key file locations. The directory is optional and can be rolled up into recovery files. Note that various encryption options can be applied granularly to directory, recovery, secured, and key files, such that some or all are encrypted, encrypted with a one time pad for each file or each separate recovery selection line item, or encrypted through access to a public key infrastructure) Para [0679]; and selecting, by the data storage management network element, a second mobility management network element, wherein the second location is within a service area of the second mobility management network element, (Figure 8-3, whole figure)
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.
Regarding Claim 11, Redlich teaches wherein the method further comprises: obtaining, by the application entity, the first information; and sending, by the application entity, the first information to the data storage management network element (i.e. reads on a database) Para [0472-0473] (Examiner asserts that one of ordinary skill in the art knows that databases are used for organized data to analyze and capture data where information is retrieved and collected in an organized manner. Databases are used in cloud storage and computers. Database retrieval is maintained by retrieval data in a structural way by querying information based on attributes or ID).
Regarding Claim 12, Redlich teaches wherein the method further comprises: receiving, by the application entity, the first request message; determining, by the application entity, that the second location is outside the service area of the first mobility management network element ; and sending, by the application entity, the second location of the terminal device (i.e., reads on retrieving information from the database) Para [0472-0473] and (Figure 8-3, whole figure), supra.
Regarding Claim 13, Redlich teaches further comprising: receiving, by the access network device, the second information from the location management network element; receiving, by the access network device, the third information from the terminal device; and sending, by the access network device, the fourth information to the location management network element (i.e., reads on retrieving information from the database) Para [0472-0473] and (Figure 8-3, whole figure), supra.
Regarding Claim 14, Redlich teaches further comprising: obtaining, by the terminal device, third information; and sending, by the terminal device, the third information to the access network device element (i.e., reads on retrieving information from the database) Para [0472-0473] and (Figure 8-3, whole figure), supra.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Redlich et al., (US Patent Publication No. 20100250497), “Systems and methods for personalizing messages based on a recipient relationship” (September 30, 2010) discloses computing system has proximal select content (SC) data stores and geographically distributed distal data stores, all with respective access controls. The data input or put through the computing system is processed to obtain the SC and other associated content. The process then extracts and stores such content in the proximal SC data stores and geographically distributed distal SC data stores and permits access control.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication.
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/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647
Diane.Mizrahi@USPTO.gov