DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 9, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-30 of U.S. Patent No. 10,952,106. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 19-30 of USPN 10,952,106 are obvious variants of claims 1-20 of the current application.
Current application
USPN 10,952,106
Claim 1. A security protection method comprising:
receiving, from a source access network device, a first security policy of a terminal, wherein the first security policy indicates whether to activate a user plane security protection for user plane of the terminal or not;
using the first security policy on the user plane;
sending the first security policy to a core network node;
receiving a second security policy from the core network node; wherein the second security policy, indicating whether to activate a user plane security protection for the user plane or not, is different from the first security policy; and
updating the first security policy with the second security policy for the user plane.
Claim 1. A security protection method, comprising:
receiving, by a target access network device from a source access network device, a first security policy of a session, wherein the first security policy indicates whether to activate a user plane security protection for the session or not;
using, by the target access network device, the first security policy on the session;
sending, by the target access network device, the first security policy of the session to a core network node;
receiving, by the core network node, the first security policy of the session;
determining, by the core network node, whether the first security policy of the session is same as a second security policy stored in the core network node that corresponds to the session;
sending, by the core network node, the second security policy to the target access network device in case that the first security policy is different from the second security policy;
receiving, by the target access network device, the second security policy from the core network node; and
updating, by the target access network device, the first security policy with the second security policy for the session.
Claims 2-9 of the current application correspond to claims 1-9 of USPN 10,952,106. Claims 10-20 of the current application correspond to claims 10-18 of USPN 10,952,106.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the claimed invention of claims 1-18 of USPN 10,952,106 to teach claims 1-20 of the current application. A reason for doing so is to seek a well-rounded protection for a disclosed invention.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 14-27 of U.S. Patent No. 11,589,274. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-9 and 14-27 of USPN 11,589,274 are obvious variants of claims 1-20 of the current application.
Current application
USPN 11,589,274
Claim 1. A security protection method comprising:
receiving, from a source access network device, a first security policy of a terminal, wherein the first security policy indicates whether to activate a user plane security protection for user plane of the terminal or not;
using the first security policy on the user plane;
sending the first security policy to a core network node;
receiving a second security policy from the core network node; wherein the second security policy, indicating whether to activate a user plane security protection for the user plane or not, is different from the first security policy; and
updating the first security policy with the second security policy for the user plane.
Claim 1. A security protection method, comprising:
receiving, by a target access network device from a source access network device, a first security policy of a session, wherein the first security policy indicates whether to activate a user plane security protection for the session or not;
using, by the target access network device, the first security policy on the session;
sending, by the target access network device, the first security policy of the session to a core network node;
receiving, by the target access network device, a second security policy of the session from the core network node, wherein the second security policy, indicating whether to activate a user plane security protection for the session or not, is different from the first security policy; and
updating, by the target access network device, the first security policy with the second security policy for the session.
Claims 2-9 of the current application correspond to claims 1-9 of USPN 11,589,274. Claims 10-20 of the current application correspond to claims 14-27 of USPN 11,589,274.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the claimed invention of claims 1-9 and 14-27 of USPN 11,589,274 to teach claims 1-20 of the current application. A reason for doing so is to seek a well-rounded protection for a disclosed invention.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,127,049. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of USPN 12,127,049 are obvious variants of claims 1-20 of the current application.
Current application
USPN 12,127,049
Claim 1. A security protection method comprising:
receiving, from a source access network device, a first security policy of a terminal, wherein the first security policy indicates whether to activate a user plane security protection for user plane of the terminal or not;
using the first security policy on the user plane;
sending the first security policy to a core network node;
receiving a second security policy from the core network node; wherein the second security policy, indicating whether to activate a user plane security protection for the user plane or not, is different from the first security policy; and
updating the first security policy with the second security policy for the user plane.
Claim 1. A security protection method, comprising:
receiving, by a target access network device from a source access network device, a first security policy of a session, wherein the first security policy indicates whether to activate a user plane security protection for the session or not;
using, by the target access network device, the first security policy on the session;
sending, by the target access network device, the first security policy of the session to a core network node;
receiving, by the target access network device, a second security policy of the session from the core network node, wherein the second security policy, indicating whether to activate a user plane security protection for the session or not, is different from the first security policy; and
updating, by the target access network device, the first security policy with the second security policy for the session.
Claims 2-9 of the current application correspond to claims 1-8 of USPN 12,127,049. Claims 10-20 of the current application correspond to claims 12-20 of USPN 12,127,049. While claims 12-20 of USPN 12,127,049 do not explicitly recite at least one processor and a memory, the target access network device and a core network device of claims 12-20 of USPN 12,127,049 inherently include at least one processor and a memory for performing the functions recited in claims 12-20.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the claimed invention of claims 1-9 and 14-27 of USPN 11,589,274 to teach claims 1-20 of the current application. A reason for doing so is to seek a well-rounded protection for a disclosed invention.
A terminal disclaimer may be effective to overcome a nonstatutory double patenting rejection over a reference patent (37 CFR 1.321(b) and (c)). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/PatentForms. The filing date of the application will determine what form 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/TerminalDisclaimer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mildh et al. (US 2018/0062847) discloses encryption or integrity protection in a wireless network.
Shi (USPN 10,136,325) discloses end-to-end user plane access stratum security between a UE and a gateway node.
Ben Henda et al. (USPN 11,849,319) discloses Non-3GPP access using access network keys.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pawaris Sinkantarakorn whose telephone number is (571)270-1424. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at (571) 270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409 08/07/2026
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