DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to communication filed on 11/26/2025.
Status of claims in the instant application:
Claims 1-20 are pending.
Claim 1 has been amended.
No claim has been canceled.
No claim has been added.
Response to Arguments
Applicant’s arguments, see page [1-2] of the remarks filed on 11/26/2025 with respect to rejection of claims under non-statutory double patenting, have been fully considered and are persuasive. Applicant has filed a terminal disclaimer that has been approved. Therefore, the claim rejections have been withdrawn.
Applicant’s arguments, see page [1] of the remarks filed on 11/26/2025 with respect to rejection of claims under 35 USC 101 (software per se), have been fully considered in view of claim amendment, but they are not persuasive. Therefore the claim rejections are maintained.
Applicant has amended claim 1 to recite, “A system for hybrid authentication, the system comprising: a server machine hosting a cloud-based authentication service and operating in a cloud computing environment, the cloud computing environment having a cloud-based application; …”
However, “server”, “machine” or “server machine” can all be considered as software element/entity. Therefore, applicant’s claimed invention is still directed to a patent ineligible subject matter (i.e. software)
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a “software per se”.
The claim 1 is directed to a system claim. However, none of the claim limitations positively recite/claim any hardware element performing the recited functions. Therefore claim 1 is directed to a “software per se”, and hence rejected as the claims do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a “software per se”.
The dependent claims 2-7 also do not positively recite/claim any hardware element, and hence they are also similarly rejected as claim1.
Appropriate corrections required.
*** Note: Claims do need to have at-least one hardware element, that is positively claimed/recited, performing the recited functions.
Allowable Subject Matter
Claims 1-20 are allowable over prior arts of record.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Applicant’s response must address double patenting and the 101 rejections noted above.
Reasons for allowance will be furnished upon allowance.
Pertinent Prior Arts
The following prior arts made of record and not relied upon are considered pertinent to applicant's disclosure.
US 9571455 B2; Johnson et al.: Johnson discloses A system and method of initializing a virtual machine within a secure hybrid cloud. One method includes transmitting service mode credentials to a cloud broker from a cloud-based virtual machine, receiving a service mode community of interest key from a credentialing service based on the service mode credentials, and establishing a secure service mode connection based on the service mode community of interest key. The method also includes receiving role VPN credentials at the cloud-based virtual machine and establishing a secure role connection to the cloud broker using the role VPN credentials, thereby providing, in response to the role VPN credentials, a role VPN community of interest key to a virtual data relay dedicated to the cloud-based virtual machine. The method further includes receiving role cloud credentials at the cloud-based virtual machine and establishing secure communications at the cloud-based virtual machine based on the role cloud credentials, including receiving a role cloud community of interest key at the cloud-based virtual machine used for secure communication among the cloud-based virtual machine and other cloud-based virtual machines within a common community of interest with the cloud-based virtual machine.
US 20180081983 A1; CARRU et al.: CARRU discloses A system that provides cloud based identity management, at a first microservice, saves a current state on a cookie that is stored on a browser, where the current state is saved in a format specific to the first microservice. The system performs an operation on the first microservice that generates a first portion of information and a second portion of information. The system stores the first portion of information related to the operation on the cookie, the first portion including the current state. The system provides a second portion of information related to the operation to a second microservice as a query parameter on a redirect Uniform Resource Locator (“URL”), where the second portion is removed from the cookie.
US 20130254847 A1; Adams et al.: Adams discloses system and method for establishing single identity/single-sign on (SSO) on a cloud computing platform. In an embodiment, a user is validated to the cloud computing platform, and identifies a domain. After establishing that the user has control of the domain, the cloud computing platform configures a directory service for the domain. The user may then use the directory service on the cloud computing platform to log in to his or her computer, as well as software services hosted on the cloud computing platform
US 20130061306 A1; Sinn: Sinn discloses a system and associated method for providing a hybrid cloud computing environment are disclosed. For example, a system may authorize an enterprise user based on an enterprise identity. Once authenticated, embodiments may use mapping data and a cloud role to determine an identity to use when the enterprise user accesses a cloud.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHABUB S AHMED whose telephone number is (571)272-0364. The examiner can normally be reached on 9AM-5PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kambiz Zand can be reached on (571)272-3811. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHABUB S AHMED/Examiner, Art Unit 2434
/NOURA ZOUBAIR/Primary Examiner, Art Unit 2434