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 is a reply to the application filed on 03/14/2024, in which, claim(s) 1-20 are pending. Claim(s) 1, 9 and 15 are independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/14/2025, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement.
Drawings
The drawings filed on 03/14/2024 are accepted by The Examiner.
Examiner’s Note
Claim 15 recites “A server machine…comprising: … instructions which, when executed by the at least one processor” and has been analyzed for 35 U.S.C. 101. No 35 U.S.C. 101 deemed necessary since the processor is interpreted as hardware processor in order to “execute” instructions. Therefore, the examiner has viewed the machine as meeting 35 U.S.C. 101 eligibility requirements.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention
Claims 1, 9 and 15 recite “if the decrypted IMSI is determined to be valid… if the mobile device is determined to be authorized to access the MVNO network”. It cannot be ascertained from the scope of the claim what the metes and bounds of the terms “if” are. Examiner suggests to amend the claims to say “when the decrypted IMSI is determined to be valid… when the mobile device is determined to be authorized to access the MVNO network”.
Claims 2-8, 10-14, and 16-20 don't cure the deficiency of Claims 1, 9, and 15. Therefore, claims 2-8, 10-14, and 16-20 are rejected under 35 U.S.C. 112(b) for their dependency upon Claims 1, 9, and 15.
Appropriate correction is required.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over:
Claims 1-20 of Patent 12,477,343.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 are anticipated by claims 1-20 of Patent 12,477,343.
Patent No. 12,477,343 (18/067,454)
Instant Application No. (18/605,155)
Claim 1. A method of controlling access to a mobile virtual network operator (MVNO) network comprising:
receiving, at a server machine of the MVNO network, a network access request from a user device to access the MVNO network;
determining, by the server machine of the MVNO network, if the user device is associated with the MVNO network; in response to determining that the user device is associated with the MVNO network, requesting, by the server machine of the MVNO network, an encrypted subscriber identity module (SIM)-based identity from the user device, wherein the SIM-based identity is associated with at least one SIM of the user device;
performing, by the server machine of the MVNO network, a decryption operation on the encrypted SIM-based identity with a private key; providing, by the server machine of the MVNO network, International Mobile Subscriber Identity (IMSI) data when the decryption operation is successful; validating, by the server machine of the MVNO network, the IMSI data, without access to a mobile network operator (MNO);
verifying, by the server machine of the MVNO network, that the user device is authorized to access the MVNO network based on the validated IMSI data and subscriber data; and one of:
enabling access, by the server machine of the MVNO network, to the MVNO network when the IMSI data is valid and the user device is authorized to access the MVNO network; or denying access, by the server machine of the MVNO network, to the MVNO network based on at least one of: an unsuccessful decryption operation, invalid IMSI data, or when the user device is not authorized to access the MVNO network.
Claim 1. A method for securely connecting to a wireless network with control plane only authentication, comprising:
receiving, at an authentication server of a Mobile Virtual Network Operator (MVNO) network, through a WiFi network, a request from a mobile user device to access the MVNO network;
determining, by the MVNO network, whether the mobile device is associated with the MVNO network;
based on the mobile device being determined to be associated with the MVNO network, transmitting from the MVNO authentication server to the mobile device a request to confirm that an extensible authentication protocol transport layer security (EAP-TLS) can be used as an authentication protocol for authenticating the mobile device to the MVNO authentication server;
in response to receiving at the MVNO network a response from the mobile device confirming that EAP-TLS can be used as the authentication protocol between the mobile device and the MVNO network, transmitting from the MVNO authentication server to the mobile device a request for a unique identifier for the mobile device;
receiving at the MVNO authentication server from the mobile device the unique identifier for the mobile device, wherein the received unique identifier comprises an encrypted International Mobile Subscriber Identity (IMSI) of the mobile device and a serial number for a certificate for a public key for the encrypted IMSI of the mobile device,
retrieving at the MVNO authentication server the public key associated with received the serial number; decrypting the received IMSI with the retrieved public key;
determining whether the decrypted IMSI is valid;
if the decrypted IMSI is determined to be valid, determining whether the mobile device associated with the decrypted IMSI is authorized to access the MVNO network; and
if the mobile device is determined to be authorized to access the MVNO network, transmitting to the mobile device from the MVNO authentication server authorization to commence data plane transmission at the mobile device.
Allowable Subject Matter
Claims 1-20 would be allowable if the Applicant overcomes double patenting rejection issued in this office action by filing a valid electronic Terminal Disclaimer.
Independent Claim(s) and their respective dependent claims would be allowable over prior arts since the prior arts taken individually or in combination fails to particular discloses, fairly suggest or render obvious the following italic limitations:
In claims 1, 9 and 15:
“receiving at the MVNO authentication server from the mobile device the unique identifier for the mobile device, wherein the received unique identifier comprises an encrypted International Mobile Subscriber Identity (IMSI) of the mobile device and a serial number for a certificate for a public key for the encrypted IMSI of the mobile device,
retrieving at the MVNO authentication server the public key associated with received the serial number;
decrypting the received IMSI with the retrieved public key;
determining whether the decrypted IMSI is valid;
if the decrypted IMSI is determined to be valid, determining whether the mobile device associated with the decrypted IMSI is authorized to access the MVNO network; and
if the mobile device is determined to be authorized to access the MVNO network, transmitting to the mobile device from the MVNO authentication server authorization to commence data plane transmission at the mobile device” in combination with other limitations recited as specified in the independent claim(s).
The closest prior art made of record are:
Anja Jerichow (US 2019/0149521 A1, cited by the applicant in the 03/14/2025 IDS) teaches a subscriber privacy management techniques by provisioning cryptographic key pairs for utilization by subscribers of the home network to conceal subscriber identifiers provided to one or more access points in the communication system.
Colegate et al. (US 2017/0270509 A1, cited by the applicant in the 03/14/2025 IDS) teaches a MVNO server to exchange the details with the trusted certificate authority and/or registry host to identify that a device is correct.
Wong et al. (US 2023/0097792 A1, cited by the applicant in the 03/14/2025 IDS) teaches wireless communication methods for supporting efficient MUSIM UE operation using a Multi-Path (MP) Proxy in a communications system including a first PLMN which is not MUSIM enhanced and a second PLMN which is MUSIM enhanced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG-FENG HUANG whose telephone number is (571)272-6186. The examiner can normally be reached Monday-Friday: 9 am - 5 pm.
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/CHENG-FENG HUANG/Primary Examiner, Art Unit 2497