DETAILED ACTION
It is hereby acknowledged that the following papers have been received and placed of record in the file: Amendment date 07/23/2026.
Claims 2-21 are presented for examination.
Response to Arguments
Applicant's arguments with respect to claims 2-21 have been considered but are moot in view of the new ground(s) of rejection.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. #8,793,758, #9,481,199, #10,841839, #11,665,592 and #12,120,551, . Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is disclosed in the US. Patent #8,793,758, #9,481,199, #10,841,839, #11,665,592 and #12,120,551. since the U.S Patent sand the instant application are claiming common subject matter, as follows:
Instant Application US Application #: 18/885194 (194’)
U.S. Patent # 11,665,592 (592’)
U.S. Patent #: 10,841,839 (839’)
2. A wireless end-user device comprising:
1. An end-user device comprising:
1. An end-user device, comprising:
one or more modems configured to enable communication over a wireless access network; a memory storing: a first application program configured to execute on the wireless end-user device;
an application credential associated with the first application program; and an application-specific network access policy configured to be applied when the first application program communicates over the wireless access network;
a modem configured to enable the end-user device to communicate over an access network; a memory configured to store: a first application program configured to execute on the end-user device and further configured to assist the end-user device in accessing a data service over the access network using the modem;
a first application credential associated with the first application program;
a first policy comprising one or more first policy instructions; and
one or more modems for enabling the wireless end-user device to communicate over at least a first wireless access network; memory configured to store a first application program configured to execute on the wireless end-user device and access one or more data services over at least the first wireless access network, a known-application credential associated with the first application program,
a first policy comprising one or more first policy instructions to be applied when the first application program initiates or attempts to initiate a communication over the first wireless access network; and
one or more device agents configured to: determine whether software purporting to modify, update, or replace the first application program is associated with a credential consistent with the application credential;
permit modification, update, or replacement of the first application program based on the determination;
verify authenticity of the first application program during execution; permit execution of the first application program based on successful verification; and detect communication activity associated with the first application program and apply the application-specific network access policy to the communication activity.
one or more device agents configured to: detect an attempted installation of an update software on the end-user device,
the update software purporting to be a modification, update, or replacement of the first application program;
obtain an update software credential associated with the update software; obtain, from the memory, the first application credential; allow the update software to be installed on the end-user device when the update software credential matches the first application credential,
wherein the first application credential is stored in the memory prior to receiving the update software by the end-user device over the access network using the modem; and apply the one or more first policy instructions when the update software initiates or attempts to initiate a communication over the access network.
one or more device agents configured to execute from a secure memory partition to detect an attempted installation of update software on the end-user device,
the update software purporting to be a modification, update, or replacement of the first application program, obtain an update-software credential associated with the update software, determine whether the update-software credential passes a verification check, based at least in part on the update-software credential passing the verification check, allow the update software to be installed on the wireless end-user device,
at runtime for the first application program, obtain a runtime credential for the first application credential, and compare the runtime credential to the known-application credential, based at least in part on a match between the runtime credential and the known-application credential, allow execution of the first application program,
determine when the first application program initiates or attempts to initiate a communication over the first wireless access network, and apply the first policy when the first application program initiates or attempts to initiate a communication over the first wireless access network.
Although the conflict claims are not identical, they are not patentably distinct from each other because 194’ discloses the end user device, comprising:
one or more device agents configured to: determine whether software purporting to modify, update, or replace the first application program is associated with a credential consistent with the application credential;
permit modification, update, or replacement of the first application program based on the determination;
194’ does not disclose “from a secure memory partition to detect an attempted installation of update software on the end-user device” and “at runtime for the first application program, obtain a runtime credential for the first application credential, and compare the runtime credential to the known-application credential, based at least in part on a match between the runtime credential and the known-application credential, allow execution of the first application program” and runtime based on application credential corresponding to “permit modification, update, or replacement of the first application program based on the determination” and “verify authenticity of the first application program during execution; permit execution of the first application program based on successful verification” in the instant application. However, it would have been obvious to one or ordinary skill in the art to one or more device agents configured to detect an attempted installation of update software on the end-user device and runtime as the instant application. Therefore, they are not patentably distinct from each other.
Therefore, this is nonstatutory obviousness-type double patenting rejection because the conflicting claims in the U.S. Patents #8,793,758, #9,481,199, #10,841,839. #11,665,592 and #12,120,551.
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 2-21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 line 12 recites the limitation "determine whether software purporting” is insufficient antecedent basis for this limitation in the claim because there is no disclosure of software in the preceding limitations. The software purporting is unclear which refers to “the first application program” or “other software”. Similar issue exists in claim 12 line 7. Since dependent claims 3-11 and 13-21 depend on the corresponding independent claims 1 or 12, they are rejected for the same reason as described hereinabove.
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 GUANG W LI whose telephone number is (571)270-1897. The examiner can normally be reached Monday - Thursday 7AM-5PMET.
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, Joseph Avellino can be reached at (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GUANG W. LI
Primary Examiner
Art Unit 2478
September 26, 2026
/GUANG W LI/Primary Examiner, Art Unit 2478
