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
The claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/4/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,047,240. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant applicant is anticipated by the Patent. Please see the table below using claim 12 for the method version of claim 1 to map to the ‘240 Patent’s method claim 1.
Instant Application 18/778,873
U.S. Patent No. 12,047,240
12. A method for modifying functionality within a wireless network based on a provided passphrase, comprising:
defining a first set of network policies associated with a first passphrase for the wireless network;
defining a second set of network policies associated with a second passphrase for the wireless network, the second passphrase being different from the first passphrase;
determining if the provided passphrase used by a client device while engaging in an authentication process to secure a network connection with the wireless network matches one of the first passphrase and the second passphrase; and
configuring a traffic kernel module to provide the network connection to the client device, the network connection defined at least in part by the first set of network policies if the provided passphrase is the first passphrase and defined at least in part by the second set of network policies if the provided passphrase is the second passphrase;
wherein the first set of network policies and the second set of network policies each comprise at least one network policy;
wherein each network policy describes a network functionality to be applied to the network connection;
wherein the first set of network policies differs from the second set of network policies by at least a unique network policy that is found exclusively in one of the first set of network policies and the second set of network policies.
1. A method for modifying functionality within a wireless network based on a provided passphrase, comprising:
defining a first set of network policies associated with a first passphrase for the wireless network;
defining a second set of network policies associated with a second passphrase for the wireless network, the second passphrase being different from the first passphrase;
determining if the provided passphrase used by a client device while engaging in an authentication process with a mutable network device to secure a network connection with the wireless network matches one of the first passphrase and the second passphrase, the mutable network device being communicatively coupled to the wireless network; and
configuring a traffic kernel module within the mutable network device to provide the network connection to the client device upon successful completion of the authentication process, the network connection defined at least in part by the first set of network policies if the provided passphrase is the first passphrase and defined at least in part by the second set of network policies if the provided passphrase is the second passphrase;
wherein the first set of network policies and the second set of network policies each comprise at least one network policy;
wherein each network policy describes a network functionality and governs the circumstances in which the network functionality is applied to the network connection, the network functionality being at least one of a network access, a network capacity, and a network resource;
wherein the first set of network policies differs from the second set of network policies by at least one unique network policy that is found exclusively in one of the first set of network policies and the second set of network policies.
A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a 35 patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claims 1-20 are also provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/086,040 for the same reasoning as above. This is a provisional nonstatutory double patenting rejection to the ‘040 application as the ‘040 application is still pending examination.
Allowable Subject Matter
The claims 1-20 are allowed.
The following is an examiner’s statement of reasons for allowance: independent Claims 1, 12 and 20 define the distinct features, a mutable network device and method for modifying functionality within a wireless network based on a provided passphrase, defining a first set and a second set of network policies associated with a respective passphrase for the wireless network as claimed, configuring a traffic kernel module based upon an authentication process as claimed, the network policies describes a network functionality and governs the circumstances in which the network functionality is applied to the network connection, the network functionality being at least one of a network access, a network capacity, and a network resource, and wherein the first and second policies differs by at least one unique network policy that is found exclusively in one of the first set of network policies and the second set of network policies as claimed as a whole.
The closest prior art, Dey et al. (US Pub No 2022/0417742), discloses a network management system using private pre-shared keys (PPSKs) with each PPSK being provisioned for a particular client device or group of devices with specific network access policies, which fails to suggest the claimed limitations as mentioned above in combination with other claimed elements as a whole. Therefore, the above features in conjunction with all other limitations of the claim and dependent claims are hereby allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/CHAU LE/Primary Examiner, Art Unit 2408