DETAILED ACTION
This non-final office action is in response to claims 38-56 filed August 21, 2024 for examination. Claims 1-37 were canceled by the applicant. Claims 38-56 are being examined and are pending.
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 .
Preliminary Amendment
Preliminary amendment filed August 21, 2024 has been acknowledged.
Information Disclosure Statement
The information disclosure statement filed 08/21/2024 and 10/03/2024 has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
The drawings filed on 08/21/2024 have been accepted.
Claim Objections
Claims 38, 40-46 are objected because claim dependency is unclear. Claim 38 recites, “The apparatus of claim 38,” Claim cannot depend on itself. Claims 40 to 46 recites, “The apparatus of claim 37,” but claim 37 is a canceled claim. Dependent claims cannot depend on a canceled claim.
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 38-46 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.
Claim 38: Two different localized service (claim first recites, “…for accessing localized service,” further recites “…access to a localized service”) are recited earlier in the claim, the recitation of “the localized” in the same or subsequent claim would be unclear where it is uncertain which of the two localized services was intended (must be first or second localized service).
Dependent claims 39-46 do not cure the deficiencies.
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 47-56 are rejected under 35 U.S.C. because
Claims 47-56 recite “One or more computer-readable media…”, In specification of the instant application applicant recited, “Accordingly, the memory of processors 1010, the memory/storage devices 1020, the peripheral devices 1004, and the databases 1006 are examples of computer-readable and machine-readable media… Example Z02 may include one or more non-transitory computer-readable media.”, where the computer-readable medium does not have a specific definition and does not limit the claimed medium from being a transitory medium such as signal.
Pending claims are interpreted as broadly as their terms reasonably allow. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (See MPEP 2111.01). When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. §101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; See p. 2. OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE, volume 1351, February 23, 2010, OG 212 (subject matter eligibility of computer readable media). In an effort to assist the patent community in overcoming a rejection or potential rejection under 35 U.S.C. § 101 in this situation, the USPTO suggests the following approach.
A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation “non-transitory” to the claim.
Some other solutions as
-- an amendment the claimed term to: "computer usable memory", or "computer usable storage memory", "computer readable memory", "computer readable device", (i.e. any variations thereof, where "media" or "medium" is replaced by "device" or "memory") or adding "wherein the medium is not a signal".
-- “an amendment to the specification defining the medium is not a signal and deleting the statement in the spec stating that the medium can be a signal”,
-- “an amendment to the specification defining the medium a form of memory devices and deleting the statement in the spec stating that the medium can be a signal”,
-- “a disavowal statement and an amendment to the spec deleting the medium is a signal statement”.
Allowable Subject Matter
Claims 38-56 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, 35 USC § 101, objections set forth in this Office action. Claims 38-56 are allowed over prior arts.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art US 10194320 B1 (Egner et al.) has been found to teach, “(73) At block 510, in an embodiment, the local services broker may associate the generated variables RAND and K.sub.i, as well as the eSIM credentials SRES and K.sub.C with the IMSI chosen from the pool of available IMSIs for assignment to the client information handling system requesting services. In an embodiment, the client information handling system may be capable of accessing wireless networks using this IMSI and associated eSIM credentials as long as the client information handling system is associated with the chosen IMSI. At block 512, in an embodiment, the eSIM credential provisioning and verification system operating at the local service broker may assign a limited number of times, or a limited time period during which the client information handling system may continue to use the chosen IMSI. In an embodiment, the local service broker may only allow the client information handling system to use the assigned IMSI and associated eSIM credentials to access wireless networks a set number of times, or for a set duration until further payment is requested from the client information handling system. For example, the eSIM credential provisioning and verification system may assign a limit (e.g. once, three times, ten times, one hundred times) to the number of times the chosen IMSI and associated eSIM credentials may be used by the client information handling system to access wireless networks. As another example, the eSIM credential provisioning and verification system may assign a time limit (e.g. one hour, one day, one week, one month) for the client information handling system's use of the chosen IMSI and associated eSIM credentials to access wireless networks. As yet another example, the eSIM credential provisioning and verification system may automatically revoke a client information handling system's ability to use the chosen IMSI upon a lapse or missed scheduled payment by the client information handling system for subscription services.”
US 5806043 A (Toader et al.) has been found to teach, “The present invention is a method for providing on-line help services to customers of a sponsor/vendor's consumer products by providing a customer with vendor-paid access to the Internet for a limited time. The method includes the step of distributing to customers, along with the products, a floppy disc with Internet access software thereon. Associated with the floppy disc is a unique personal identification number (PIN) along with instructions on installing and using the Internet access software on a personal computer (PC). The Internet access software accesses and "handshakes" with an "Internet Entry Server", which verifies the PIN number, provides the access and times the user's access time. The Internet Entry Server is programmed to recognize the PIN number as entitling the user to a limited prepaid or "free" Internet access time for on-line help services. Such a time period could be for a total time period such as 1 hour or more, or access to on-line help services can be unlimited for 90 days, 6 months, etc., for example, with the access time paid for by the sponsor/vendor.”
US 20050283444A1 (Ekberg et al.) has been found to teach, “[0015] In one embodiment, the present invention is applicable in a transportation environment enabling users to purchase local train/bus service from a remote transaction provider. Each user carries a portable terminal, typically a GSM mobile phone enabled for Short Message Service (SMS). The user using SMS messaging can electronically interact with the remote transaction provider via a wireless wide area network (WWAN) or through a local connection, if the transaction provider is represented in a local environment. The remote transaction provider or authentication server stores two (2) secret keys (s1) and (s2) and a seed (x) assigned to a specific future date. Each date is divided into time periods and each time period is assigned a seed x.sub.d, P', where (d) is a future date and (p) is a time period. The time is taken into account especially in connection with services that are valid for a limited time period. For each time period, a list of username (u)-password (p) pairs (u.sup.i.sub.d,p,p.sup.i.sub.d,p) are generated. The user will be identified by the user's phone number and tied to a given temporary username and password which form an authentication token. The authentication server upon receiving the user SMS request, returns an authentication token and logs the user's phone number, time and returned authentication token. Previously, the authentication server provided local redemption servers with the seed and the common secrets via a non-continuous communication link, and periodically updates the seed, common secrets and current time. Using the seed, common secrets and current time, the redemption servers calculate a list of authorized authentication token. When the user enters the token into the local redemption server, the local server will check the correctness of the token by comparing it to all possible authentication token for the given time period. If the token is found in the set of possible tokens, the local server will accept the token and tie the media access control (MAC) hardware address of the user device to the authenticated token. Otherwise, the token is rejected and the local server rejects service for the user.”
Independent claim 38 identifies the following combination of features:
encode, for transmission to a home network based on the prompt, a request related to access to a localized service, wherein the request is to cause the home network to obtain time-restricted credentials from a localized service provider (LSP) providing the localized service;
identify, from the home network based on the request, the time-restricted credentials;
establish a connection with a hosting network based on the time-restricted credentials; and
encode, for transmission, information related to access of the localized service of the LSP via the hosting network after authentication of the UE based on the time- restricted credentials.
Independent claim 47 identifies the following combination of features:
issue a localized service advertisement to a user equipment (UE) to prompt the UE for access to a localized service provided by the LSP server;
provide a time-restricted credential to a home network for delivery to the UE based on a request by the UE to the home network for information for access to the localized service;
authenticate the UE based on the time-restricted credential in response to the UE attempting to establish a connection with a hosting network using the time-restricted credential; and
provide access to the localized service via the hosting network after the authentication of the UE based on the time-restricted credential.
None of the prior arts taken alone anticipate the claimed invention. The prior arts also do not provide sufficient motivation to be combined and to be modified in such a way as to render obvious the above combination of claimed features within the context of the claimed invention as a whole without the usage of impermissible hindsight reasoning. Therefore, the examiner found the invention as claimed to be allowable and allowed it to be patented.
Dependent claims 39-46 and 48-56 are also allowed due to their dependency on independent allowable claims 38 and 47.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached Monday - Friday 8:30A-5P ET.
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/Shawnchoy Rahman/Primary Examiner, Art Unit 2438