ASSOCIATED DEVICE DISCOVERY IN IMS NETWORKS

Application No. 18/780,971

• Filed: Jul 23, 2024
• Priority: Jun 24, 2005 — CIP of 7792528
  • Nov 18, 2005 — continuation of 11/282,924
  • Mar 08, 2006 — continuation of 11/370,594
  • Oct 19, 2011 — continuation of 9468033
  • Jul 14, 2016 — continuation of 10/085,291
  • Sep 25, 2018 — continuation of 10/477,605
  • Nov 12, 2019 — continuation of 10/736,164
  • Jul 31, 2020 — continuation of 11/044,772
  • Jun 22, 2021 — continuation of 17/354,031
  • Jan 05, 2023 — continuation of 12/114,382
• Examiner: HEIBER, SHANTELL LAKETA
• Art Unit: 2645
• Tech Center: 2600 — Communications
• Assignee: Aylus Networks Inc.
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-10, 12-18 and 20-22 of prior U.S. Patent No. 10,085,291. This is a statutory double patenting rejection.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 10,736,164. This is a statutory double patenting rejection.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 11,044,772. This is a statutory double patenting rejection.
Allowable Subject Matter
Upon overcoming the above rejections, Claims 1-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is [phone]. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
June 8, 2026

Prosecution Timeline

• Jul 23, 2024: Application Filed
• Jun 11, 2026: Non-Final Rejection mailed — §101 (current)