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 .
Response to Arguments
Regarding claim 21, the 35 U.S.C. 112 rejections is withdrawn.
The indicated allowability of claim 25 (subject matter included in claim 13) is withdrawn in view of the newly discovered reference(s) to Wimbock (US 11,418,944). Rejections based on the newly cited reference(s) follow.
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)(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.
Claims 13-15, 22-24, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIMBOCK (US 11,418,944).
Regarding claim 13, Wimbock discloses a method, performed by a data generation server (col. 3, lines 34-37), for preparing generating a profile image for download from a profile server to an eUICC hosted in a device, for installing a profile corresponding to the profile image in the eUICC, the method comprising the steps:
a) at a data generation server, generate, for multiple devices, multiple non-personalized profile images, each non-personalized profile image comprising at least one functionality identifier specific for the respective device, and each non-personalized profile image not comprising any individual global identifier specific of an individual eUICC (abstract, lines 1-5; col. 3, lines 34-54; col. 3, lines 63-col. 4, lines 1-12; the data preparation server has a batch of multiple profile descriptions (i.e., multiple non-personalized profile images), a profile description is selected based on considering configuration information which may include EID (i.e., functionality identifier)), and store the generated multiple non-personalized profile images for providing to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
b) at the data generation server, generate at least one profile-data image, said profile-data image comprising at least one individual global identifier of an individual eUICC (col. 3, lines 34-36; col. 1, lines 37-44; the data generation server provides profile data (i.e., profile data image) that may include IMSI, Ki, OTA keys, ICCID (i.e., global identifiers), the data contained in the profile data are not contained in any profile description), and store the generated at least one profile-data image for providing to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server)),
wherein each non-personalized profile image is configured to be combined with a profile- data image such that a profile image is generated based on the at least one functionality identifier and the at least one individual global identifier (col. 3, lines 28-57; col. 3, lines 63-col. 4, lines 1-12; col. 4, lines 43-col. 5, lines 1-11; col. 6, lines 14-36; the profile description (i.e., non-personalized profile image) and profile data (i.e., profile data image) are merged/combined to generate a profile package, the profile description is selected/retrieved considering configuration data/parameter set such as EID, IMEI, ICCID (i.e., at least one functionality identifier/global identifier), further the profile package is encrypted by a key specific for the target eUICC).
Regarding claim 14, Wimbock discloses the method of claim 13, further comprising: a-1) providing the multiple non-personalized profile images to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server)); and b-1) providing the generated at least one profile-data image to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server)).
Regarding claim 15, Wimbock discloses a data generation server (col. 3, lines 34-37) implemented to perform a profile generating method according to claim 13, the data generation server comprising:
a) means to implemented to generate, for multiple devices, multiple non-personalized profile images, each non-personalized profile image comprising at least one functionality identifier specific for the respective device, and each non-personalized profile image not comprising any individual global identifier specific of an individual eUICC (abstract, lines 1-5; col. 3, lines 34-54; col. 3, lines 63-col. 4, lines 1-12; the data preparation server has a batch of multiple profile descriptions (i.e., multiple non-personalized profile images), a profile description is selected based on considering configuration information which may include EID (i.e., functionality identifier)), and store the generated multiple non-personalized profile images for providing to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
b) means implemented to generate at least one profile-data image, said profile-data image comprising at least one individual global identifier of an individual eUICC (col. 3, lines 34-36; col. 1, lines 37-44; the data generation server provides profile data (i.e., profile data image) that may include IMSI, Ki, OTA keys, ICCID (i.e., global identifiers), the data contained in the profile data are not contained in any profile description), and store the generated at least one profile-data image for providing to the profile server (col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server)).
Regarding claim 22, Wimbock discloses the method according to claim 13, wherein the at least one same global identifier is either one or several of, or a part thereof: international mobile subscriber identity IMSI (col. 1, lines 37-44); authentication key Ki (col. 1, lines 37-44); profile number ICCID (col. 1, lines 37-44).
Regarding claim 23, Wimbock discloses the method according to claim 13, wherein the at least one different functionality identifier is either one or several of, or a part thereof: chip hardware identifier EID of the eUICC; international mobile equipment identifier IMEI of the device; type allocation code TAC of the device; identifier of network technology being either one of the group including following net-work technologies: 2G technology, 3G technology, 4G technology, 5G technology, GSM, UMTS, CMDA, LTE; a device capability indicator according to GSMA SGP.22; a UICC capability indicator according to GSMA SGP.22 (col. 4, lines 61-65).
Regarding claim 24, Wimbock discloses the method according to claim 13, discloses wherein the data generation server and the profile server are: either a SGP.02 SM-DP server and SGP.02 SM-SR server or a similar server infrastructure; or a SGP.22 SM-DP+ or a similar server infrastructure (col. 4, lines 36-39).
Regarding claim 26, Wimbock discloses the method according to claim 13, wherein at least two of the functionality identifiers are different (col. 4, lines 61-65; e.g., EID and IMEI).
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 16-18, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over WIMBOCK in view of MERRIEN (EP 2 461 613).
Regarding claim 16, Wimbock discloses a method, performed by a profile server (col. 6, lines 14-26; i.e., transfer server), for generating a profile image for download from the profile server to an eUICC hosted in a device, for installing a profile corresponding to the profile image in the eUICC, the method comprising the steps:
a-2) at the profile server, receive from a data generation server, for multiple devices,
multiple non-personalized profile images, each non-personalized profile image comprising at least one functionality identifier specific for the respective device, and each non-personalized profile image not comprising any individual global identifier specific of an individual eUICC or lacking at least one such individual global identifier, and store the received multiple non-personalized profile images on the profile server (abstract, lines 1-5; col. 3, lines 34-54; col. 3, lines 63-col. 4, lines 1-12; the data preparation server has a batch of multiple profile descriptions (i.e., multiple non-personalized profile images), a profile description is selected based on considering configuration information which may include EID (i.e., functionality identifier); col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
b-2) at the profile server, receive from the data generation server, at least one profile-data
image, said profile-data image comprising at least one individual global identifier of an individual eUICC, and store the received at least one profile-data image on the profile server (col. 3, lines 34-36; col. 1, lines 37-44; the data generation server provides profile data (i.e., profile data image) that may include IMSI, Ki, OTA keys, ICCID (i.e., global identifiers), the data contained in the profile data are not contained in any profile description; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
c) at the profile server, receive - from the device or from the eUICC or from a different
server or from an MNO server or from a different device or from a different eUICC – a request to download a profile to the eUICC (col. 6, lines 14-21; the transfer server (i.e., profile server) receives a request for profile download from target device hosting target eUICC), the request including at least one functionality requirement indicator (col. 6, lines 14-21; col. 4, lines 55-col. 5, lines 1-11; the request is transmitted with a parameter set characteristic of the target device and eUICC, the parameter set may include EID, IMEI (i.e., functionality requirement indicator));
d) at the profile server, select a non-personalized profile image having a functionality
identifier matching with the received functionality requirement indicator (col. 6, lines 24-28; col. 4, lines 55-col. 5, lines 1-11; the transfer server retrieves a suitable profile description (i.e., non-personalized profile image) based on the parameter set received, the parameter set may include EID, IMEI (i.e., functionality requirement indicator));
f) at the profile server, combine the selected non-personalized profile image and the
selected profile-data image to generate the profile image for download to the eUICC (col. 3, lines 28-57; col. 3, lines 63-col. 4, lines 1-12; col. 4, lines 43-col. 5, lines 1-11; col. 6, lines 14-36; the profile description (i.e., non-personalized profile image) and profile data (i.e., profile data image) are merged/combined to generate a profile package).
But, Wimbock does not particularly disclose the request for download including at least one global identifier; and e) at the profile server, select a profile-data image matching with the received global identifier.
However, in an analogous art, Merrien teaches a request for download including at least one global identifier (p. [0128]); and e) at the profile server, select a profile-data image matching with the received global identifier (p. [0128], [0129], [0151]; subscription data (i.e., profile data image) is selected based on ICCID (i.e., global identifier)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Wimbock in view of Merrien, since such a modification would allow the retrieving of profile-data image (i.e., subscription data) associated with an identifier that is specific to the UICC/SIM card, thus allowing the secure retrieval of the profile-data image.
Regarding claim 17, the combination of Wimbock and Merrien disclose the method according to claim 16, Wimbock discloses comprising a further step: f) download the generated profile image to the eUICC, and, from the downloaded profile image, install the profile in the eUICC (abstract; col. 6, lines 34-36).
Regarding claim 18, the combination of Wimbock and Merrien disclose the method according to claim 16, Wimbock discloses further comprising the step: from the profile image, prepare a profile package, and provide for download, and/or download, the profile image to the eUICC in form of the profile package (abstract; col. 6, lines 28-36; a profile packet is generated based on the profile description and profile data).
Regarding claim 20, Wimbock discloses profile server (col. 6, lines 14-26; i.e., transfer server) implementing means for executing a method according to claim 16 (see rejection of claim 16, above), the profile server particularly comprising:
a-2) means implemented to receive from a data generation server, for multiple devices,
multiple non-personalized profile images, each non-personalized profile image comprising at least one functionality identifier specific for the respective device, and each non-personalized profile image not comprising any individual global identifier specific of an individual eUICC or lacking at least one such individual global identifier, and store the received multiple non-personalized profile images on the profile server (abstract, lines 1-5; col. 3, lines 34-54; col. 3, lines 63-col. 4, lines 1-12; the data preparation server has a batch of multiple profile descriptions (i.e., multiple non-personalized profile images), a profile description is selected based on considering configuration information which may include EID (i.e., functionality identifier); col. 4, lines 31-39; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
b-2) means implemented to receive from the data generation server, at least one profile-data image, said profile-data image comprising at least one individual global identifier of an individual eUICC, and store the received at least one profile-data image on the profile server (col. 3, lines 34-36; col. 1, lines 37-44; the data generation server provides profile data (i.e., profile data image) that may include IMSI, Ki, OTA keys, ICCID (i.e., global identifiers), the data contained in the profile data are not contained in any profile description; the data preparation server provides all the information (e.g., profile description and profile data) for generating profile package to transfer server (i.e., profile server));
c) means implemented to receive - from the device or from the eUICC or from a different server or from an MNO server or from a different device or from a different eUICC – a request to download a profile to the eUICC (col. 6, lines 14-21; the transfer server (i.e., profile server) receives a request for profile download from target device hosting target eUICC), the request including at least one functionality requirement indicator (col. 6, lines 14-21; col. 4, lines 55-col. 5, lines 1-11; the request is transmitted with a parameter set characteristic of the target device and eUICC, the parameter set may include EID, IMEI (i.e., functionality requirement indicator));
d) means implemented to select a non-personalized profile image having a functionality
identifier matching with the received functionality requirement indicator (col. 6, lines 24-28; col. 4, lines 55-col. 5, lines 1-11; the transfer server retrieves a suitable profile description (i.e., non-personalized profile image) based on the parameter set received, the parameter set may include EID, IMEI (i.e., functionality requirement indicator));
f) means implemented to combine the selected non-personalized profile image and the
selected profile-data image to generate the profile image for download to the eUICC (col. 3, lines 28-57; col. 3, lines 63-col. 4, lines 1-12; col. 4, lines 43-col. 5, lines 1-11; col. 6, lines 14-36; the profile description (i.e., non-personalized profile image) and profile data (i.e., profile data image) are merged/combined to generate a profile package).
But, Wimbock does not particularly disclose the request for download including at least one global identifier; and e) means to select a profile-data image matching with the received global identifier.
However, in an analogous art, Merrien teaches a request for download including at least one global identifier (p. [0128]); and e) means to select a profile-data image matching with the received global identifier (p. [0128], [0129], [0151]; subscription data (i.e., profile data image) is selected based on ICCID (i.e., global identifier)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Wimbock in view of Merrien, since such a modification would allow the retrieving of profile-data image (i.e., subscription data) associated with an identifier that is specific to the UICC/SIM card, thus allowing the secure retrieval of the profile-data image.
Regarding claim 21, the combination of Wimbock and Merrien disclose a system comprising the profile server according to claim 20 (see rejection of claim 20, above), Wimbock discloses the data generation server (col. 4, lines 36-39), and the eUICC hosted in the device (col. 6, lines 14-20).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over WIMBOCK in views of MERRIEN, and YU (EP 3 592 014).
Regarding claim 19, the combination of Wimbock and Merrien disclose the method according to claim 18, but does not particularly Wimbock discloses wherein the profile package comprises meta data, and wherein the functionality indicator is contained, or also contained, in the meta data.
However, Yu teaches wherein the profile package comprises meta data, and wherein the functionality indicator is contained, or also contained, in the meta data (p. [0215]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Wimbock and Merrien with the teachings of Yu, in order to provide all the information necessary for the installation of the profile.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm.
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/MARISOL FIGUEROA/
Primary Examiner
Art Unit 2643
Prosecution Insights