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 .
DETAILED ACTION
This office action is in response to the application filed on or reply to the remarks of 2/26/2024. The instant application has claims 1-20 pending. The system, method and medium for porting an phone number using an mobile virtual network operator. There a total of 20 claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawing filed on 2/26/2024 has been accepted and in compliance of 37 CFR 1.83 & 37 CFR 1.84.
Specification
The disclosure filed on 2/26/2024 is accepted.
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.
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Claims 1-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18/587440 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are obvious over the claims of ‘440 application. The steps involved are similar, uses the similar elements and has the similar goal.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
US App # 18587513
US App # 18/587440
Comments
1. A method comprising: receiving, by a graphical user interface at a mobile virtual network operator, a client identifier as a request; and outputting automatically, by the graphical user interface at the mobile virtual network operator in response to the request, a plurality of values that are specific to a client assigned to the client identifier; wherein the plurality of values that are specific to the client assigned to the client identifier comprises a designation of which mobile network operator is currently serving the client for the mobile virtual network operator from among a plurality of mobile network operators that are serving clients for the mobile virtual network operator.
1. A method comprising: receiving, at a mobile virtual network operator, a request for the mobile virtual network operator to perform a network switch by porting a phone number of a client of the mobile virtual network operator from a source network infrastructure of a source mobile network operator that is serving the client for the mobile virtual network operator to a target network infrastructure of a target mobile network operator that is serving clients for the mobile virtual network operator; porting out, by the mobile virtual network operator in response to the request, the phone number from the source network infrastructure of the source mobile network operator; and porting in, by the mobile virtual network operator in response to the same request, the phone number into the target network infrastructure of the target mobile network operator such that the mobile virtual network operator provides telecommunication service to the client through the target network infrastructure.
The instant claim 1 and claim 1 of ‘440 application recites the port-out and port-in of mobile numbers using an mobile virtual network operator. Thus, it would have been obvious at the time of filing to include specific details about target mobile network operator and phone number from an source mobile network operator in order to provide details about the service being provided as mentioned in US Patent Pub 2007/0155382 to Jiang see Fig. 2.
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.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claims 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub 2007/0155382 to Jiang in view of US Patent Pub 2007/0191011 to Jiang 2.
Regarding claim 1, 11, 20, Jiang discloses A method comprising: receiving, by a graphical user interface at a mobile virtual network operator, a client identifier as a request; and outputting automatically, a plurality of values that are specific to a client assigned to the client identifier (Fig. 2 item 202-204, the ported-out numbers & Par. 0026-0027 & Par. 0065, the IMSI message or Called Party Address(CdPA) are the values associated with client); wherein the plurality of values that are specific to the client assigned to the client identifier comprises a designation of which mobile network operator is currently serving the client for the mobile virtual network operator from among a plurality of mobile network operators that are serving clients for the mobile virtual network operator(Par. 0065, the IMSI message or Called Party Address(CdPA) are the values associated with client & Par. 0031, subscriber unique identifiers).
Jiang does not disclose by the graphical user interface at the mobile virtual network operator in response to the request.
In the same field of endeavor as the claimed invention, Jiang 2 discloses by the graphical user interface at the mobile virtual network operator in response to the request(Par. 009 & Par. 0021 & Par. 0023 & Par. 0035-0036, the program and the post message for routing procedures for maintains the profiles of the subscriber)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify Jiang invention to incorporate by the graphical user interface at the mobile virtual network operator in response to the request for the advantage of providing an operator easy access to make changes as taught in Jiang 2 see Par. 0024.
Regarding claim 2, 12, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 1, wherein the plurality of values further comprises at least one from a set comprising a client account identifier, an international mobile equipment identity of a device of the client, an integrated circuit card identification number for a subscription identity module of a device of the client, or a zip code of the client(Par. 0065, the IMSI message or Called Party Address(CdPA) are the values associated with client & Par. 0031, subscriber unique identifiers).
Regarding claim 3, 13, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 2, wherein the plurality of values further comprises at least two from the set comprising the client account identifier, the international mobile equipment identity of the device of the client, the integrated circuit card identification number for the subscription identity module of a device of the client, or the zip code of the client(Par. 0065, the IMSI message or Called Party Address(CdPA) are the values associated with client & Par. 0031, subscriber unique identifiers).
Regarding claim 4, 14, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 3, wherein the plurality of values further comprises each one from the set comprising the client account identifier, the international mobile equipment identity of the device of the client, the integrated circuit card identification number for the subscription identity module of a device of the client, or the zip code of the client (Par. 0065, the IMSI message or Called Party Address(CdPA) are the values associated with client & Par. 0031, subscriber unique identifiers) .
Regarding claim 5, 15, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang 2 discloses the method of claim 1, wherein the request is received from an agent of the mobile virtual network operator through a frontend graphical user interface(Par. 009 & Par. 0021 & Par. 0023 & Par. 0035-0036, the program and the post message for routing procedures for maintains the profiles of the subscriber).
Regarding claim 6, 16, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 5, wherein outputting automatically, by the graphical user interface at the mobile virtual network operator in response to the request, the plurality of values that are specific to the client assigned to the client identifier facilitates the agent administering a network switch of the client from a source mobile network operator that is serving the client to a target mobile network operator that is serving clients for the mobile virtual network operator(Par. 0033 & Fig. 1 & Par. 009-011, the ported-out to ported-in on different network based on identifiers).
Regarding claim 7, 17, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 6, further comprising the mobile virtual network operator performing the network switch in response to outputting automatically the plurality of values(par. 0031, the subscriber identifiers are shown by the HLR-S).
Regarding claim 8, 18, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 7, wherein the network switch is performed at least in part by the mobile virtual network operator invoking a port in application programming interface at a mobile virtual network enabler to port in a phone number of the client to a target network infrastructure of the target mobile network operator(Par. 0033 & Fig. 1 & Par. 009-011 & abstract, the ported-out to ported-in on different network based on identifiers). .
Regarding claim 9, 19, The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 1, wherein the request is issued in response to the mobile virtual network operator detecting a deficiency in service provided by the mobile virtual network operator to the client(Par. 0037, the location update results in weak connection & Par. 0034, Roaming Number).
Regarding claim 10. The combined method/system of Jiang and Jiang 2, mutatis mutandis, Jiang discloses the method of claim 9, wherein the mobile virtual network operator detects the deficiency in service by receiving a report from the client(Par. 0037, the location update results in weak connection & Par. 0034, Roaming Number).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Venkat Perungavoor whose telephone number is (571)272-7213. The examiner can normally be reached 9-5.
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/VENKAT PERUNGAVOOR/Primary Examiner, Art Unit 2492 Email: venkatanarayan.perungavoor@uspto.gov