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
The information disclosure statements submitted on 2/21/2024 has been considered by the examiner and made of record in the application file.
Double Patenting
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.
Claim 46-64 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,963,007. Although the claims at issue are not identical, they are not patentably distinct from each other. More specifically, the present application is a broader version of 11,963,007. Please see the following table for the claim 46 analysis (and similarly applied to claims 55 and 64 (claim 1 of 11,963,007.)):
18/583,339
11,963,007
Claim Interpretation
46. A method comprising:
receiving, at a user device from a home access point via a wireless local area network corresponding to the home access point, a first digital certificate for a residential wireless roaming mode, wherein the residential wireless roaming mode provides the user device remote access to the wireless local area network corresponding to the home access point from at least one public access point, and wherein the first digital certificate is issued by a certificate authority of a service provider associated with the home access point, wherein the certificate authority is managed by the service provider or a federated third party;
transmitting, while the user device is outside the wireless local area network corresponding to the home access point, at least one probe request message to the at least one public access point, wherein the at least one probe request message comprises at least: the first digital certificate; one or more fields indicating the first digital certificate; and one or more fields indicating that the user device supports the residential wireless roaming mode;
and receiving from the at least one public access point a probe response message comprising information for remotely accessing the wireless local area network corresponding to the home access point, with the user device, via a virtual private network connection established between the at least one public access point and the home access point.
A method comprising:
receiving, at a user device from a home access point via a wireless local area network corresponding to the home access point, a first digital certificate for a residential wireless roaming mode, wherein the residential wireless roaming mode provides the user device remote access to the wireless local area network corresponding to the home access point from at least one public access point, wherein the wireless local area network is a residential in-home network, and wherein the first digital certificate is issued by a certificate authority of a service provider associated with the home access point, wherein the certificate authority is managed by the service provider or a federated third party;
transmitting, while the user device is outside the wireless local area network corresponding to the home access point, at least one probe request message to the at least one public access point, wherein the at least one probe request message comprises at least the first digital certificate, wherein the at least one probe request message comprises: a first vendor specific field indicating the first digital certificate; and a second vendor specific field indicating that the user device supports the residential wireless roaming mode
and receiving from the at least one public access point a probe response message comprising information for remotely accessing the wireless local area network corresponding to the home access point, with the user device, via a virtual private network connection established between the at least one public access point and the home access point.
As can be seen with the side-by-side comparison, the present application is a broader version of 11,963,007. More specifically, there a minor difference is the sentence added as wherein the wireless local area network is a residential in-home network.
As a result, claim 46 of the present application is anticipated by claim 1 of US 11963007.
Here, the present application shortens the word usage, but the point remains the same.
This analysis is similarly applied to claims 55 and 64.
Please see the following table for the dependent claims:
18/583,339
11,963,007
Claim Interpretation
47. The method as in claim 46, wherein the at least one probe request message further comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null, and wherein a service set identifier of the wireless local area network is identified in the first digital certificate.
3. The method as in claim 1, wherein the at least one probe request message comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null, and wherein a service set identifier of the wireless local area network is identified in the first digital certificate.
No difference. Minor word differences.
As a result, claim 47 of the present application is anticipated by claim 3 of US 11963007.
This analysis is similarly applied to claim 56.
48. The method as in claim 46, wherein the probe response message further comprises a second digital certificate issued by the certificate authority and a service set identifier identifying the wireless local area network corresponding to the home access point.
4. The method as in claim 1, wherein the probe response message comprises a second digital certificate issued by the certificate authority and a service set identifier identifying the wireless local area network corresponding to the home access point.
No difference. Minor word differences.
As a result, claim 48 of the present application is anticipated by claim 4 of US 11963007.
This analysis is similarly applied to claim 57.
49. The method as in claim 48, further comprising, in response to receiving the probe response message:
validating the at least one public access point based on the second digital certificate; and performing authentication and association procedures with the home access point via the virtual private network connection.
5. The method as in claim 4, further comprising, in response to receiving the probe response message:
validating the at least one public access point based on the second digital certificate; and performing authentication and association procedures with the home access point via the virtual private network connection.
No difference.
As a result, claim 49 of the present application is anticipated by claim 5 of US 11963007.
This analysis is similarly applied to claim 58.
50. The method as in claim 46, wherein the probe response message further comprises an indication of a bandwidth limit and/or time limit for the virtual private network connection established between the at least one public access point and the home access point.
6. The method as in claim 1, wherein the probe response message further comprises an indication of a bandwidth limit and/or time limit for the virtual private network connection established between the at least one public access point and the home access point.
No difference.
As a result, claim 50 of the present application is anticipated by claim 6 of US 11963007.
This analysis is similarly applied to claim 59.
51. The method as in claim 46, wherein:
the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message.
7. The method as in The method as in wherein:
the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message.
No difference.
As a result, claim 51 of the present application is anticipated by claim 7 of US 11963007.
This analysis is similarly applied to claim 60.
52. The method as in claim 46, wherein the first digital certificate is a X.509 digital certificate.
8. The method as in claim 1, wherein the first digital certificate is a X.509 digital certificate.
No difference.
As a result, claim 52 of the present application is anticipated by claim 8 of US 11963007.
This analysis is similarly applied to claim 61.
53. The method as in claim 46, further comprising:
connecting to at least one other device connected to the wireless local area network through the virtual private network connection in response to the receiving of the probe response message.
9. The method as in any one of the preceding claims claim 1, further comprising:
connecting to at least one other device connected to the wireless local area network through the virtual private network connection in response to the receiving of the probe response message.
Only difference is in the introduction.
As a result, claim 53 of the present application is anticipated by claim 9 of US 11963007.
This analysis is similarly applied to claim 62.
54. The method as in claim 46, wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection.
10. The method as in The method as in wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection.
No difference.
As a result, claim 54 of the present application is anticipated by claim 10 of US 11963007.
This analysis is similarly applied to claim 63.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 46, 52, 53, 55, 61, 64 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan WO 2012172533 A1 (hereinafter Coghlan), in view of Chen EP 2824973 A1 (hereinafter Chen X), further in view of Bender US 20090222902 A1 (hereinafter Bender).
Regarding claim 46, Coghlan teaches a method comprising:
receiving at a user device from a home access point, a first digital certificate for a residential wireless roaming mode
(Coghlan; see abstract & page 2, lines 23-24, page 7 lines 8-11 - - Coghlan teaches a device (user device) receiving network access credentials from the authentication system generating and signing a unique subscriber certificate, and the device downloading it. Coghlan further teaches that in the 3GPP/3GPP2 roaming experience, the subscriber is automatically authenticated and attached to the roaming-partner's (visited) network, and their usage is cleared and settled between their operator and their roaming partner).
wherein the residential wireless roaming mode provides the user device remote access to the wireless local area network corresponding to the home access point from at least one public access point (Coghlan; Page 9 & 10, lines 33-34 & 1-3 - - Coghlan teaches when device 1 (user device in this case) roams into a WIFI network, the network access server (home access point) requests the device 1 to logon. The client's response includes encrypted credentials which are passed to the authentication system. If authentic the network access server grants access to the device and service begins).
and wherein the first digital certificate is issued by a certificate authority of a service provider associated with the home access point, wherein the certificate authority is managed by the service provider or a federated third party (Coghlan; page 11, lines 7-11 - - Coghlan teaches that most smartphone, tablet and mobile computer devices support the creation of RSA public/private key-pairs on the device, and that the server has its own certificate which is signed by a trusted third party (CA) and downloaded to the device.
transmitting, at least one probe request message to the at least one public access point (Coghlan; page 9 line 32, - - The device roams into a Wifi network, then page9 lines 21-25, the probe request is transmitted in the form of a SMS mobile, user device, originated, see also page 9, lines 11-20, the certificate is used for authentication), wherein the at least one probe request message comprises at least:
the first digital certificate; (Coghlan; Page 8, lines 31-34 - - The digital certificate in this case is interpreted as a method to gain access to the network. Coghlan teaches a unique subscriber certificate.
one or more fields indicating the first digital certificate; (Coghlan; pages 2-3, lines 32-33 & 1 - - Coghlan teaches that the token is a nonce with a globally unique identifier (GUID) unique reference number. In one embodiment, the device stores the certificate securely in the device).
and one or more fields indicating that the user device supports the residential wireless roaming mode; (Coghlan; page 10, lines 1-6 - - Coghlan teaches the authentication system decrypts the credentials and checks its authenticity. If authentic, the network access server grants access to the device and service begins. Upon successful authentication, the invention achieves Wi-Fi hotspot roaming location management).
receiving, from the at least one public access point a probe response message comprising information for remotely accessing the wireless local area network corresponding to the home access point, with the user device via a virtual private network connection established between the at least one public access point and the home access point (Coghlan; page 8, lines 12-13 & fig.1 - - The user device in Coghlan is the client user device 1. The 802.11 Wireless Local Area Network is being interpreted as the public access point. Figure 1 shows public access point connecting to the 3GPP home access point via the Radius or Diameter protocols, which has been established as the VPN connection (see page 8, lines 12-13 as stated above).
Coghlan fails to clearly specify “transmit, while the user device is outside the wireless local area network corresponding to the home access point.”
However, Chen X teaches transmitting while the user device is outside the wireless local area network corresponding to the home access point (Chen X; figures 4 & 5, col. 11, lines 20-25 & col. 12, lines 29-39 - - Chen X teaches a user terminal 11 first communicates with the home AP 12 (see fig. 4) and subsequently communicates with a base station 16 (second AP) which is “outside the local area network home access point” (see fig. 5)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Chen X into the invention of Coghlan in order to provide seamless network connectivity when a user device transitions outside the coverage of the home access point, thereby enabling continued discovery and communication with available access points, as suggested by Chen X (see col. 1, lines 32-40).
The combination of Coghlan and Chen X fails to teach receiving a digital certificate via a wireless local area network corresponding to a home access point.
However, Bender teaches receiving a digital certificate via a wireless local area network corresponding to a home access point (a mobile device receiving a digital certificate from a WLAN network access point (figure 2, #210) that access a Certificate Authority #250 via an Access Point #206)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Bender into the invention of Coghlan and Chen X in order to provide improved support for mobile devices to operate in a plurality of networks, as suggested by Bender (see paragraph 0042).
Regarding claim 52, the combination of Coghlan, Chen X, and Bender teach the method of claim 46.
Coghlan further teaches wherein the first digital certificate is a X.509 digital certificate (Coghlan; page 11, lines 4-5 - - Coghlan teaches the subject matters included in the X.509 certificate of the mobile subscriber, when the authentication system receives a Certificate Signing Request from the client).
Regarding claim 53, the combination of Coghlan, Chen X, and Bender teach the method as in claim 46. Coghlan further teaches the method as in claim 53, comprising:
connecting to at least one other device connected to the wireless local area network through the virtual private network connection (Coghlan; page 1, lines 16-26 - - Coghlan teaches multiple users being authenticated and then connecting to WLAN’s, which allows them to connect to each other or other networks/users across other networks)
in response to the receiving of the probe response message (Coghlan; page 12, lines 1-11, fig. 2-3 - - Coghlan teaches in figures 2-3 the Authentication process between the client and the AccuRoam device, where digital certificates are exchanged. These messages are interpreted as the “probe messages”, and the client can access the visited/home networks when authenticated.
Regarding claim 55, Coghlan teaches an apparatus comprising: at least one processor; and at least one non-transitory memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to (Coghlan; page 3, lines 28-30 & page 9, lines 25-27- - Coghlan teaches a processor adapted to perform device registration and network access steps as well as the ability to store certificates securely in the device).
receive at a user device from a home access point, a first digital certificate for a residential wireless roaming mode
(Coghlan; see abstract & page 2, lines 23-24, page 7 lines 8-11 - - Coghlan teaches a device (user device) receiving network access credentials from the authentication system generating and signing a unique subscriber certificate, and the device downloading it. Coghlan further teaches that in the 3GPP/3GPP2 roaming experience, the subscriber is automatically authenticated and attached to the roaming-partner's (visited) network, and their usage is cleared and settled between their operator and their roaming partner).
wherein the residential wireless roaming mode provides the user device remote access to the wireless local area network corresponding to the home access point from at least one public access point (Coghlan; Page 9 & 10, lines 33-34 & 1-3 - - Coghlan teaches when device 1 (user device in this case) roams into a WIFI network, the network access server (home access point) requests the device 1 to logon. The client's response includes encrypted credentials which are passed to the authentication system. If authentic the network access server grants access to the device and service begins).
and wherein the first digital certificate is issued by a certificate authority of a service provider associated with the home access point, wherein the certificate authority is managed by the service provider or a federated third party (Coghlan; page 11, lines 7-11 - - Coghlan teaches that most smartphone, tablet and mobile computer devices support the creation of RSA public/private key-pairs on the device, and that the server has its own certificate which is signed by a trusted third party (CA) and downloaded to the device.
transmit at least one probe request message to the at least one public access point (Coghlan; page 9 line 32, - - The device roams into a Wifi network, then page9 lines 21-25, the probe request is transmitted in the form of a SMS mobile, user device, originated, see also page 9, lines 11-20, the certificate is used for authentication), wherein the at least one probe request message comprises at least:
the first digital certificate; (Coghlan; Page 8, lines 31-34 - - The digital certificate in this case is interpreted as a method to gain access to the network. Coghlan teaches a unique subscriber certificate.
one or more fields indicating the first digital certificate; (Coghlan; pages 2-3, lines 32-33 & 1 - - Coghlan teaches that the token is a nonce with a globally unique identifier (GUID) unique reference number. In one embodiment, the device stores the certificate securely in the device).
and one or more fields indicating that the user device supports the residential wireless roaming mode; (Coghlan; page 7, lines 19-21, 26-28, 32-33 – Coghlan teaches that the credentials are derived from information elements, where the stored certificate includes network access information to authenticate itself to a server in the same trusted domain and automatically roam onto Wi-Fi networks).
and receive from the at least one public access point a probe response message comprising information for remotely accessing the wireless local area network corresponding to the home access point, with the user device via a virtual private network connection established between the at least one public access point and the home access point (Coghlan; page 8, lines 12-13 & fig.1 - - The user device in Coghlan is the client user device 1. The 802.11 Wireless Local Area Network is being interpreted as the public access point. Figure 1 shows public access point connecting to the 3GPP home access point via the Radius or Diameter protocols, which has been established as the VPN connection (see page 8, lines 12-13 as stated above).
Coghlan fails to clearly specify “transmit, while the user device is outside the wireless local area network corresponding to the home access point.”
However, Chen X teaches while the user device is outside the wireless local area network corresponding to the home access point (Chen X; figures 4 & 5, col. 11, lines 20-25 & col. 12, lines 29-39 - - Chen X teaches a user terminal 11 first communicates with the home AP 12 (see fig. 4) and subsequently communicates with a base station 16 (second AP) which is “outside the local area network home access point” (see fig. 5)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Chen X into the invention of Coghlan in order to provide seamless network connectivity when a user device transitions outside the coverage of the home access point, thereby enabling continued discovery and communication with available access points, as suggested by Chen X (see col. 1, lines 32-40).
The combination of Coghlan and Chen X fails to teach receiving a digital certificate via a wireless local area network corresponding to a home access point.
However, Bender teaches receiving a digital certificate via a wireless local area network corresponding to a home access point (a mobile device receiving a digital certificate from a WLAN network access point (figure 2, #210) that access a Certificate Authority #250 via an Access Point #206)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Bender into the invention of Coghlan and Chen X in order to provide improved support for mobile devices to operate in a plurality of networks, as suggested by Bender (see paragraph 0042).
Regarding claim 61, the combination of Coghlan, Chen X, and Bender teach the method of claim 55.
Coghlan further teaches wherein the first digital certificate is a X.509 digital certificate (Coghlan; page 11, lines 4-5 - - Coghlan teaches the subject matters included in the X.509 certificate of the mobile subscriber, when the authentication system receives a Certificate Signing Request from the client).
Regarding claim 64, Coghlan teaches a non-transitory computer readable medium comprising program instructions for causing an apparatus to perform at least the following (Coghlan; page 4, lines 4-6 - - Coghlan teaches the invention provides a computer readable medium comprising software code (program instructions) adapted to be read by a digital processor to perform).
receiving at a user device from a home access point, a first digital certificate for a residential wireless roaming mode
(Coghlan; see abstract & page 2, lines 23-24, page 7 lines 8-11 - - Coghlan teaches a device (user device) receiving network access credentials from the authentication system generating and signing a unique subscriber certificate, and the device downloading it. Coghlan further teaches that in the 3GPP/3GPP2 roaming experience, the subscriber is automatically authenticated and attached to the roaming-partner's (visited) network, and their usage is cleared and settled between their operator and their roaming partner).
wherein the residential wireless roaming mode provides the user device remote access to the wireless local area network corresponding to the home access point from at least one public access point (Coghlan; Page 9 & 10, lines 33-34 & 1-3 - - Coghlan teaches when device 1 (user device in this case) roams into a WIFI network, the network access server (home access point) requests the device 1 to logon. The client's response includes encrypted credentials which are passed to the authentication system. If authentic the network access server grants access to the device and service begins).
and wherein the first digital certificate is issued by a certificate authority of a service provider associated with the home access point, wherein the certificate authority is managed by the service provider or a federated third party (Coghlan; page 11, lines 7-11 - - Coghlan teaches that most smartphone, tablet and mobile computer devices support the creation of RSA public/private key-pairs on the device, and that the server has its own certificate which is signed by a trusted third party (CA) and downloaded to the device.
transmitting at least one probe request message to the at least one public access point (Coghlan; page 9 line 32, - - The device roams into a Wifi network, then page9 lines 21-25, the probe request is transmitted in the form of a SMS mobile, user device, originated, see also page 9, lines 11-20, the certificate is used for authentication), wherein the at least one probe request message comprises at least:
the first digital certificate; (Coghlan; Page 8, lines 31-34 - - The digital certificate in this case is interpreted as a method to gain access to the network. Coghlan teaches a unique subscriber certificate.
one or more fields indicating the first digital certificate; (Coghlan; pages 2-3, lines 32-33 & 1 - - Coghlan teaches that the token is a nonce with a globally unique identifier (GUID) unique reference number. In one embodiment, the device stores the certificate securely in the device).
and one or more fields indicating that the user device supports the residential wireless roaming mode; (Coghlan; page 10, lines 1-6 - - Chen X teaches the authentication system decrypts the credentials and checks its authenticity. If authentic, the network access server grants access to the device and service begins. Upon successful authentication, the invention achieves Wi-Fi hotspot roaming location management).
receiving, from the at least one public access point a probe response message comprising information for remotely accessing the wireless local area network corresponding to the home access point, with the user device via a virtual private network connection established between the at least one public access point and the home access point (Coghlan; page 8, lines 12-13 & fig.1 - - The user device in Coghlan is the client user device 1. The 802.11 Wireless Local Area Network is being interpreted as the public access point. Figure 1 shows public access point connecting to the 3GPP home access point via the Radius or Diameter protocols, which has been established as the VPN connection (see page 8, lines 12-13 as stated above).
Coghlan fails to clearly specify “transmit, while the user device is outside the wireless local area network corresponding to the home access point.”
However, Chen X teaches while the user device is outside the wireless local area network corresponding to the home access point (Chen X; figures 4 & 5, col. 11, lines 20-25 & col. 12, lines 29-39 - - Chen X teaches a user terminal 11 first communicates with the home AP 12 (see fig. 4) and subsequently communicates with a base station 16 (second AP) which is “outside the local area network home access point” (see fig. 5)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Chen X into the invention of Coghlan in order to provide seamless network connectivity when a user device transitions outside the coverage of the home access point, thereby enabling continued discovery and communication with available access points, as suggested by Chen X (see col. 1, lines 32-40).
The combination of Coghlan and Chen X fails to teach receiving a digital certificate via a wireless local area network corresponding to a home access point.
However, Bender teaches receiving a digital certificate via a wireless local area network corresponding to a home access point (a mobile device receiving a digital certificate from a WLAN network access point (figure 2, #210) that access a Certificate Authority #250 via an Access Point #206)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Bender into the invention of Coghlan and Chen X in order to provide improved support for mobile devices to operate in a plurality of networks, as suggested by Bender (see paragraph 0042).
Claims 47, 48, 56, 57 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan, in view of Chen X, and in view of Bender as applied to claim 46 and 55 respectively above , and further in view of Shpak WO 2012150526 A2, (hereinafter Shpak).
Regarding claim 47, the combination of Coghlan, Chen X, and Bender teach all the limitations of claim 46. Coghlan further teaches the method of claim 47, wherein a service set identifier of the wireless local area network is identified in the first digital certificate (Coghlan; page 8 line 31 - page 9 line 7, read as the network access information is included with the certificate, where the SSID is included in the network access information).
The combination (or the combination of Coghlan, Chen X, and Bender ) fails to teach wherein the at least one probe request message further comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null.
However, Shpak teaches wherein the at least one probe request message further comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null (Shpak; page 5, lines 5-7; Shpak teaches that probe request frames contain an SSID, where in the case of broadcast probes, the probe request frame in this case contain a null SSID).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Shpak into the invention of Coghlan, Chen X and Bender in order to set the value of the service set identifier field of the probe request message to zero or null, therby enabling the client device to perform a broadcast probe that allows all access to points within range to respond with their respective SSIDs, facilitating discovery of available WLAN, as suggested by Shpak (see page 5, lines 5-7).
Regarding claim 48, the combination of Coghlan, Chen X, and Bender teach all the limitations of claim 46. Coghlan further discloses the method of claim 48, wherein the probe response message further comprises a second digital certificate issued by the certificate authority (Coghlan; page 2, lines 23-24 & page 9, lines 26-27- - the authentication system (CA) generates and signs a unique subscriber certificate, and the server returns the signed certificate to the device 1 in a response message. Further, Coghlan teaches that the server returns the signed certificate for the authentication requests, and this certificate is stored by the device 1 in its keychain vault).
and a service set identifier identifying the wireless local area network corresponding to the home access point. (Coghlan; page 9, lines 4-7 - - Coghlan teaches that the device 1 discovers a preferred WLAN service during roaming, and that the network selection data includes service set identifiers (SSIDs) which the device uses to identify and connect to the home wireless local area network).
The combination of Coghlan, Chen X, and Bender fail to disclose that the service set identifier is delivered within the probe response message.
However, Shpak teaches that the service set identifier is delivered within the probe response message (Shpak; see abstract & page 2, lines 15-17 & fig 3, step 42 - - Shpak teaches that in reply to the directed probe request, the AP transmits a probe response to the client using the specified SSID).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Shpak into the invention of Coghlan, Chen X and Bender in order to deliver the service set identifier identifying h home wireless local area network within the probe response message, therby enabling the client device to identify and connect to the home WLAN using the SSID received in the probe response message, as suggested by Shpak (see Shpak, page 2, lines 15-17).
Regarding claim 56, the combination of Coghlan, Chen X, and Bender teach all the limitations of claim 55. Coghlan further teaches the method of claim 56, wherein a service set identifier of the wireless local area network is identified in the first digital certificate (Coghlan; page 8 line 31 - page 9 line 7, read as the network access information is included with the certificate, where the SSID is included in the network access information).
The combination of Coghlan, Chen X, and Bender fails to teach wherein the at least one probe request message further comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null.
However, Shpak teaches wherein the at least one probe request message further comprises a service set identifier field, and wherein a value of the service set identifier field of the at least one probe request message is set to zero or null (Shpak; page 5, lines 5-7; Shpak teaches that probe request frames contain an SSID, where in the case of broadcast probes, the probe request frame in this case contain a null SSID).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Shpak into the invention of Coghlan, Chen X and Bender in order to set the value of the service set identifier field of the probe request message to zero or null, therby enabling the client device to perform a broadcast probe that allows all access to points within range to respond with their respective SSIDs, facilitating discovery of available WLAN, as suggested by Shpak (see page 5, lines 5-7).
Regarding claim 57, the combination of Coghlan, Chen X, and Bender teach all the limitations of claim 55. Coghlan further discloses the method of claim 57, wherein the probe response message further comprises a second digital certificate issued by the certificate authority (Coghlan; page 2, lines 23-24 & page 9, lines 26-27- - the authentication system (CA) generates and signs a unique subscriber certificate, and the server returns the signed certificate to the device 1 in a response message. Further, Coghlan teaches that the server returns the signed certificate for the authentication requests, and this certificate is stored by the device 1 in its keychain vault).
and a service set identifier identifying the wireless local area network corresponding to the home access point. (Coghlan; page 9, lines 4-7 - - Coghlan teaches that the device 1 discovers a preferred WLAN service during roaming, and that the network selection data includes service set identifiers (SSIDs) which the device uses to identify and connect to the home wireless local area network).
The combination of Coghlan, Chen X, and Bender fails to clearly specify that the service set identifier is delivered within the probe response message.
However, Shpak teaches that the service set identifier is delivered within the probe response message (Shpak; see abstract & page 2, lines 15-17 & fig 3, step 42 - - Shpak teaches that in reply to the directed probe request, the AP transmits a probe response to the client using the specified SSID).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Shpak into the invention of Coghlan, Chen X and Bender in order to deliver the service set identifier identifying h home wireless local area network within the probe response message, therby enabling the client device to identify and connect to the home WLAN using the SSID received in the probe response message, as suggested by Shpak (see Shpak, page 2, lines 15-17).
Claims 49, 58 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan in view of Chen X, and in view of Bender as applied to claim 48 and 57 above respectively, further in view of Shpak, further in view of Sarawat US 8887256 B2 (hereinafter Sarawat).
Regarding claim 49, the combination of Coghlan, Chen X, Bender, and Shpak teaches the limitations of claim 48. Coghlan further teaches in response to receiving the probe response message: validate the at least one public access point based on the second digital certificate (Coghlan; page 9 lines 25-27, page 10 lines 2-3, read as part of the response to the HTTPs POST, the server returns the signed certificate for the authentication requests. This is stored by the device 1 in its keychain vault, which is secure. The device then fetches its Wi-Fi profile from the server 4...if authentic, the network access server grants access to the device and service begins).
The combination of Coghlan, Chen X, Bender, and Shpak fail to teach performing authentication and association procedures with the home access point via the virtual private network connection.
However, Sarawat teaches performing authentication procedures with the home access point via the virtual private network connection. (Sarawat; col. 4, lines 42-45 , col. 6, lines 35-38 - - Sarawat teaches as part of the home network authentication process, a mutual authentication takes place between the client 14 and the AAA agent 22, such as through a secure tunnel supported by the access point. Sarawat further teaches the VPN session may be established to simulate the client 14 being connected to the home network 12 in a manner that would approximate their normal access to the secured information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Sarawat into the invention of Coghlan, Chen X, Bender, and Shpak in order to perform authentication and association procedures with the home access point via the virtual private network connection in response to receiving the probe response message, thereby enabling the client device to securely access home network resources over a VPN tunnel without requiring resubmission of credentials after roaming to a partner network (see sarawat, col. 4, lines 60-65).
Regarding claim 58, the combination of Coghlan and Shpak teaches all the limitation of claim 57. Coghlan further discloses the method of claim 58, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
validate, in response to receiving the probe response message, the at least one public access point based on the second digital certificate (Coghlan; page 9 lines 25-27, page 10 lines 2-3, read as part of the response to the HTTPs POST, the server returns the signed certificate for the authentication requests. This is stored by the device 1 in its keychain vault, which is secure. The device then fetches its Wi-Fi profile from the server 4...if authentic, the network access server grants access to the device and service begins)
The combination of Coghlan, Chen X, Bender, and Shpak fail to teach performing, in response to receiving the probe response message, authentication and association procedures with the home access point via the virtual private network connection.
However, Sarawat teaches performing, in response to receiving the probe response message, authentication and association procedures with the home access point via the virtual private network connection. . (Sarawat; col. 4, lines 42-45 , col. 6, lines 35-38 - - Sarawat teaches as part of the home network authentication process, a mutual authentication takes place between the client 14 and the AAA agent 22, such as through a secure tunnel supported by the access point. Sarawat further teaches the VPN session may be established to simulate the client 14 being connected to the home network 12 in a manner that would approximate their normal access to the secured information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Sarawat into the invention of Coghlan, Chen X, Bender, and Shpak in order to perform authentication and association procedures with the home access point via the virtual private network connection in response to receiving the probe response message, thereby enabling the client device to securely access home network resources over a VPN tunnel without requiring resubmission of credentials after roaming to a partner network (see sarawat; col. 4, lines 60-65).
Claims 50, 59 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan, in view of Chen X, further in view of Bender, further in view of NG et al US 20160234039 A1 (hereinafter NG).
Regarding claim 50, the combination of Coghlan, Chen X, and Bender teach the limitations of claim 46. Coghlan further discloses the method of claim 50, wherein the probe response message further comprises a virtual private network connection established between the at least one public access point and the home access point (Coghlan; page 8, lines 12-13 & fig. 1 - - The user device in Coghlan is the client user device 1. The 802.11 Wireless Local Area Network is being interpreted as the public access point. Figure 1 shows this public access point connecting to the home 3GPP access point via the Radius or Diameter protocols, which has been established as the VPN connection (see page 8, lines 12-13 as stated above).
The combination of Coghlan, Chen X, and Bender fails to clearly specify an indication of a bandwidth limit and/or time limit for the virtual private network connection.
However, NG teaches an indication of a bandwidth limit and/or time limit for the virtual private network connection (NG; page 6, paragraph 59 - - NG teaches both uplink and downlink bandwidth of a VPN tunnel is limited).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of NG into the invention of Coghlan, Chen X , and Bender in order to provide an indication of bandwidth limit for the virtual private network connection within the probe response message, thereby enabling the network to manage and allocate VPN connection resources efficiently by preventing any single connection from consuming excessive bandwidth, as suggested by NG (see paragraph 0006).
Regarding claim 59, the combination of Coghlan, Chen X, and Bender teach the limitations of claim 55. Coghlan further discloses the method of claim 59, wherein the probe response message further comprises a virtual private network connection established between the at least one public access point and the home access point (Coghlan; page 8, lines 12-13 & fig. 1 - - The user device in Coghlan is the client user device 1. The 802.11 Wireless Local Area Network is being interpreted as the public access point. Figure 1 shows this public access point connecting to the home 3GPP access point via the Radius or Diameter protocols, which has been established as the VPN connection (see page 8, lines 12-13 as stated above).
The combination of Coghlan, Chen X, and Bender fails to clearly specify an indication of a bandwidth limit and/or time limit for the virtual private network connection.
However, NG teaches an indication of a bandwidth limit and/or time limit for the virtual private network connection (NG; page 6, paragraph 59 - - NG teaches both uplink and downlink bandwidth of a VPN tunnel is limited).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of NG into the invention of Coghlan, Chen X , and Bender in order to provide an indication of bandwidth limit for the virtual private network connection within the probe response message, thereby enabling the network to manage and allocate VPN connection resources efficiently by preventing any single connection from consuming excessive bandwidth, as suggested by NG (see paragraph 0006).
Claims 51, 60 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan, in view of Chen X, and in view of Bender as applied to claim 46 and 55 above respectively, further in view Haverinen US 8045530 B2 (hereinafter Haverinen).
Regarding claim 51, the combination of Coghlan, Chen X, and Bender teach the method as in claim 46. The combination of Coghlan, Chen X and Bender fails to teach the method wherein: the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message.
However, Haverinen teaches the method wherein: the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message. (Haverinen; col. 11 & 12, lines 65-67 & 1-5 - - Haverinen teaches probe requests to search for AP’s and probe responses sent back according to IEEE 802.11i or IEEE 802.11 standard).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Havernen into the invention of Coghlan, Chen X, and Bender in order implement the probe request and probe response messages as 802.11 probe request and probe response messages, thereby ensuring that certain network elements of the wireless LAN solution can support both the new IEEE 802.1x layer 2 authentication standard and the current layer 3 authentication in a backward compatible way, enabling devices of different standards to operate within the same network, as suggested by Haverinen (see col. 4, lines 5-10).
Regarding claim 60, the combination of Coghlan, Chen X, and Bender teach the method as in claim 55. The combination of Coghlan, Chen X, and Bender fail to teach the apparatus wherein: the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message
However, Haverinen teaches the method wherein: the at least one probe request message is an 802.11 probe request message; and the probe response message is an 802.11 probe response message. (Haverinen; col. 11 & 12, lines 65-67 & 1-5 - - Haverinen teaches probe requests to search for AP’s and probe responses sent back according to IEEE 802.11i or IEEE 802.11 standard).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Havernen into the invention of Coghlan, Chen X, and Bender in order implement the probe request and probe response messages as 802.11 probe request and probe response messages, thereby ensuring that certain network elements of the wireless LAN solution can support both the new IEEE 802.1x layer 2 authentication standard and the current layer 3 authentication in a backward compatible way, enabling devices of different standards to operate within the same network, as suggested by Haverinen (see col. 4, lines 5-10).
Claim 62 is rejected under 35 U.S.C. 103 as being unpatentable over Coghlan, in view of Chen X, and in view of Bender as applied to claim 55, further in view of Barkan US 8559369 B2 (hereinafter Barkan).
Regarding claim 62, the combination of Coghlan, Chen X, and Bender teach the method as in claim 55. Coghlan further teaches the method as in claim 55, wherein the at least one memory stores instructions that, when executed by the at least one processor (Coghlan; page 3, lines 28-30 & page 9, lines 25-27- - Coghlan teaches a processor adapted to perform device registration and network access steps as well as the ability to store certificates securely in the device).
The combination of Coghlan, Chen X, and Bender fails to teach causing the apparatus to connect to at least one other device connected to the wireless local area network through the virtual private network connection
However, Barkan teaches causing the apparatus to connect to at least one other device connected to the wireless local area network through the virtual private network connection (Barkan; col. 15, lines 21-25 - - Barkan teaches that the remote node is a trusted computer installed by the user, and that such a configuration has the added benefit that the user can access internal nodes in his own private network.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Barkan into the invention of Coghlan, Chen X, and Bender in order to provide secure remote access to devices within a private local area network through a trusted connection, therby enabling a user to reliably access internal network resources from an external device as if locally connected, as suggested by Barkan (see col. 15, lines 22-25).
Claims 54, 63 are rejected under 35 U.S.C. 103 as being unpatentable over Coghlan, in view of Chen X, and in view of Bender as applied to claim 46, further in view of Chen US 8553662 B2 (hereinafter Chen).
Regarding claim 54, the combination of Coghlan, Chen X, and Bender teach the method as in claim 46, The combination of Coghlan, Chen X, and Bender fails to teach the method wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection.
However, Chen teaches wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection (Chen; paragraph 45, col. 7, lines 11-14 - - Chen teaches the roaming subscriber may communicate with his or her home gateway via a virtual private network (VPN), Layer 2 Transport Protocol (L2TP), or any other network encapsulation protocol.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Chen into the invention of Coghlan, Chen X, and Bender in order allow the VPN connection to operate at different network layers, thereby providing flexibility to support different network configurations and protocols (see col. 7, lines 11-14).
Regarding claim 63, the combination of Coghlan, Chen X, and Bender teach the method as in claim 55, The combination of Coghlan, Chen X, Bender fails to teach the method wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection.
However, Chen teaches wherein the virtual private network connection comprises either a layer 2 virtual private network connection or a layer 3 virtual private network connection (Chen; paragraph 45, col. 7, lines 11-14 - - Chen teaches the roaming subscriber may communicate with his or her home gateway via a virtual private network (VPN), Layer 2 Transport Protocol (L2TP), or any other network encapsulation protocol.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Chen into the invention of Coghlan, Chen X, and Bender in order allow the VPN connection to operate at different network layers, thereby providing flexibility to support different network configurations and protocols (see col. 7, lines 11-14).
Conclusion
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/ANDRES RAFAEL SANCHEZ/Examiner, Art Unit 2645
/ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645