DETAILED ACTION
Claims 1-20 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/11/2024 and 06/09/2025 was filed. The submission 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 §§ 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).
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-12 and 14-20 of U.S. Patent No. 12120024. Although the claims at issue are not identical, they are not patentably distinct from each other because of followings.
Pending Application
U.S. Patent Number 12120024
Claim 1. A method comprising: selecting, by data processing hardware of a mobile device executing a user application, one of a plurality of wireless networks associated with a same mobile virtual network operator (MVNO);
selecting, by the data processing hardware, a first remote server from a plurality of remote servers based on the one of the plurality of wireless networks associated with the same MVNO;
establishing, by the data processing hardware, a first virtual network between the mobile device and the first remote server; and
transmitting, by the data processing hardware, data from the user application to the first remote server over the first virtual network, the data when received by the first remote server causing the first remote server to route the data to a destination server.
Claim 1. A method comprising: selecting, by data processing hardware of a mobile device executing a user application, one of a first wireless network associated with a mobile virtual network operator (MVNO) and a second wireless network associated with the same MVNO; selecting, by the data processing hardware, a remote server from a plurality of remote servers based on the one of the first wireless network and the second wireless network, both of which are associated with the same MVNO, each remote server of the plurality of remote servers associated with a geographical location;
establishing, by the data processing hardware, a virtual network between the mobile device and the selected remote server, the virtual network comprising at least one tunnel between the mobile device and the selected remote server over the one of the first wireless network and the second wireless network; and
transmitting, by the data processing hardware, data from the user application to the selected remote server over the virtual network via one of the at least one tunnel between the mobile device and the selected remote server over the one of the first wireless network and the second wireless network, the data when received by the selected remote server causing the selected remote server to route the data to a destination server.
Claim 2. The method of claim 1, wherein: the first virtual network comprising at least one tunnel between the mobile device and the first remote server over the one of the plurality of wireless networks associated with the same MVNO; and transmitting data from the user application to the first remote server over the first virtual network comprises selecting one of the at least one tunnel based on the user application.
Claim 2. The method of claim 1, wherein: the at least one tunnel between the mobile device and the selected remote server over the first wireless network comprises a first tunnel supporting data of a first service and a second tunnel supporting data of a second service; the at least one tunnel between the mobile device and the selected remote server over the second wireless network comprises a third tunnel supporting data of the first service and a fourth tunnel supporting data of the second service; and transmitting data from the user application to the selected remote server over the virtual network comprises selecting the first tunnel or the second tunnel between the mobile device and the selected remote server via the first wireless network or the third tunnel or the fourth tunnel between the mobile device and the selected remote server via the second wireless network based on the user application.
Claim 3. The method of claim 2, wherein the at least one tunnel between the mobile device and the first remote server includes a first tunnel supporting data of a first service and a second tunnel supporting data of a second service.
Claim 2. The method of claim 1, wherein: the at least one tunnel between the mobile device and the selected remote server over the first wireless network comprises a first tunnel supporting data of a first service and a second tunnel supporting data of a second service; the at least one tunnel between the mobile device and the selected remote server over the second wireless network comprises a third tunnel supporting data of the first service and a fourth tunnel supporting data of the second service; and transmitting data from the user application to the selected remote server over the virtual network comprises selecting the first tunnel or the second tunnel between the mobile device and the selected remote server via the first wireless network or the third tunnel or the fourth tunnel between the mobile device and the selected remote server via the second wireless network based on the user application.
Claim 4. The method of claim 1, wherein the plurality of wireless networks includes a cellular network and a carrier Wireless Fidelity (Wi-Fi) network.
Claim 10. The method of claim 1, wherein the first wireless network comprises a cellular network and the second wireless network comprises a Wireless Fidelity (Wi-Fi) network.
Claim 5. The method of claim 1, further comprising, after transmitting the data from the user application to the first remote server: connecting, by the data processing hardware, the mobile device to a user-mediated wireless network; and transmitting, by the data processing hardware, data from the user application to the destination server over the user-mediated wireless network.
Claim 4. The method of claim 1, further comprising, after transmitting the data from the user application to the selected remote server: connecting, by the data processing hardware, the mobile device to a third wireless network, the third wireless network comprising a user Wireless Fidelity (Wi-Fi) network; and transmitting, by the data processing hardware, data from the user application to the destination server over the third wireless network.
Claim 6. The method of claim 1, wherein selecting the first remote server from the plurality of remote servers is based on a geographical location of each remote server of the plurality of remote servers.
Claim 5. The method of claim 1, wherein selecting the remote server from the plurality of remote servers is based on the geographical location of each remote server of the plurality of remote servers.
Claim 7. The method of claim 6, further comprising, prior to selecting the first remote server from the plurality of remote servers: selecting, by the data processing hardware, a preferred wireless network from the plurality of wireless networks based on a network preference, wherein selecting the first remote server from the plurality of remote servers is based on the selected preferred wireless network.
Claim 6. The method of claim 5, further comprising, prior to selecting the remote server from the plurality of remote servers: selecting, by the data processing hardware, a preferred wireless network from the first wireless network or the second wireless network based on a network preference, wherein selecting the remote server from the plurality of remote servers is based on the selected preferred wireless network.
Claim 8. The method of claim 7, further comprising, after selecting the preferred wireless network: selecting, by the data processing hardware, a second remote server from the plurality of remote servers based on a geographical location of each remote server of the plurality of remote servers; establishing, by the data processing hardware, a second virtual network between the mobile device and the second remote server; and transmitting, by the data processing hardware, data from the user application to the second remote server over the second virtual network, the data when received by the second remote server causing the second remote server to route the data to the destination server.
Claim 7. The method of claim 6, further comprising, after selecting the preferred wireless network: selecting, by the data processing hardware, a second remote server from the plurality of remote servers based on the geographical location of each remote server of the plurality of remote servers; establishing, by the data processing hardware, a second virtual network between the mobile device and the selected second remote server; and transmitting, by the data processing hardware, data from the user application to the selected second remote server over the second virtual network, the data when received by the selected second remote server causing the selected second remote server to route the data to the destination server.
Claim 9. The method of claim 1, wherein the user application comprises a virtual private network (VPN) application and wherein the destination server comprises a VPN server associated with the VPN application.
Claim 8. The method of claim 1, wherein the user application comprises a virtual private network (VPN) application and wherein the destination server comprises a VPN server associated with the VPN application.
Claim 10. The method of claim 1, further comprising, determining, by the data processing hardware, whether a first wireless network is associated with the same MVNO as a second wireless network.
Claim 9. The method of claim 1, further comprising, determining, by the data processing hardware, whether the first wireless network is associated with the same MVNO as the second wireless network.
Claim 11. A system comprising: data processing hardware of a mobile device; and memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:
selecting, for the mobile device executing a user application, one of a plurality of wireless networks associated with a same mobile virtual network operator (MVNO);
selecting a first remote server from a plurality of remote servers based on the one of the plurality of wireless networks associated with the same MVNO;
establishing a first virtual network between the mobile device and the first remote server; and
transmitting data from the user application to the first remote server over the first virtual network, the data when received by the first remote server causing the first remote server to route the data to a destination server.
Claim 11. A system comprising: data processing hardware of a mobile device; and memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:
selecting, for the mobile device executing a user application, one of a first wireless network associated with a mobile virtual network operator (MVNO) and a second wireless network associated with the same MVNO;
selecting a remote server from a plurality of remote servers based on the one of the first wireless network and the second wireless network, both of which are associated with the same MVNO, each remote server of the plurality of remote servers associated with a geographical location;
establishing a virtual network between the mobile device and the selected remote server, the virtual network comprising at least one tunnel between the mobile device and the selected remote server over the one of the first wireless network and the second wireless network; and
transmitting data from the user application to the selected remote server over the virtual network via one of the at least one tunnel between the mobile device and the selected remote server over the one of the first wireless network and the second wireless network, the data when received by the selected remote server causing the selected remote server to route the data to a destination server.
Claim 12. The system of claim 11, wherein: the first virtual network comprising at least one tunnel between the mobile device and the first remote server over the one of the plurality of wireless networks associated with the same MVNO; and transmitting data from the user application to the first remote server over the first virtual network comprises selecting one of the at least one tunnel based on the user application.
Claim 12. The system of claim 11, wherein: the at least one tunnel between the mobile device and the selected remote server over the first wireless network comprises a first tunnel supporting data of a first service and a second tunnel supporting data of a second service; the at least one tunnel between the mobile device and the selected remote server over the second wireless network comprises a third tunnel supporting data of the first service and a fourth tunnel supporting data of the second service; and transmitting data from the user application to the selected remote server over the virtual network comprises selecting the first tunnel or the second tunnel between the mobile device and the selected remote server via the first wireless network or the third tunnel or the fourth tunnel between the mobile device and the selected remote server via the second wireless network based on the user application.
Claim 13. The system of claim 12, wherein the at least one tunnel between the mobile device and the first remote server includes a first tunnel supporting data of a first service and a second tunnel supporting data of a second service.
Claim 12. The system of claim 11, wherein: the at least one tunnel between the mobile device and the selected remote server over the first wireless network comprises a first tunnel supporting data of a first service and a second tunnel supporting data of a second service; the at least one tunnel between the mobile device and the selected remote server over the second wireless network comprises a third tunnel supporting data of the first service and a fourth tunnel supporting data of the second service; and transmitting data from the user application to the selected remote server over the virtual network comprises selecting the first tunnel or the second tunnel between the mobile device and the selected remote server via the first wireless network or the third tunnel or the fourth tunnel between the mobile device and the selected remote server via the second wireless network based on the user application.
Claim 14. The system of claim 11, wherein the plurality of wireless networks includes a cellular network and a carrier Wireless Fidelity (Wi-Fi) network.
Claim 20. The system of claim 11, wherein the first wireless network comprises a cellular network and the second wireless network comprises a Wireless Fidelity (Wi-Fi) network.
Claim 15. The system of claim 11, wherein the operations further comprise, after transmitting the data from the user application to the selected remote server: connecting the mobile device to a user-mediated wireless network; and transmitting data from the user application to the destination server over the user-mediated wireless network.
Claim 14. The system of claim 11, wherein the operations further comprise, after transmitting the data from the user application to the selected remote server: connecting the mobile device to a third wireless network, the third wireless network comprising a user Wireless Fidelity (Wi-Fi) network; and transmitting data from the user application to the destination server over the third wireless network.
Claim 16. The system of claim 11, wherein selecting the first remote server from the plurality of remote servers is based on a geographical location of each remote server of the plurality of remote servers.
Claim 15. The system of claim 11, wherein selecting the remote server from the plurality of remote servers is based on the geographical location of each remote server of the plurality of remote servers.
Claim 17. The system of claim 11, wherein the operations further comprise, prior to selecting the first remote server from the plurality of remote servers: selecting a preferred wireless network from the plurality of wireless networks based on a network preference, wherein selecting the first remote server from the plurality of remote servers is based on the selected preferred wireless network.
Claim 16. The system of claim 15, wherein the operations further comprise, prior to selecting the remote server from the plurality of remote servers: selecting a preferred wireless network from the first wireless network or the second wireless network based on a network preference, wherein selecting the remote server from the plurality of remote servers is based on the selected preferred wireless network.
Claim 18. The system of claim 17, wherein the operations further comprise, after selecting the preferred wireless network: selecting a second remote server from the plurality of remote servers based on a geographical location of each remote server of the plurality of remote servers; establishing a second virtual network between the mobile device and the second remote server; and transmitting data from the user application to the second remote server over the second virtual network, the data when received by the second remote server causing the second remote server to route the data to the destination server.
Claim 17. The system of claim 16, wherein the operations further comprise, after selecting the preferred wireless network: selecting a second remote server from the plurality of remote servers based on the geographical location of each remote server of the plurality of remote servers; establishing a second virtual network between the mobile device and the selected second remote server; and transmitting data from the user application to the selected second remote server over the second virtual network, the data when received by the selected second remote server causing the selected second remote server to route the data to the destination server.
Claim 19. The system of claim 11, wherein the user application comprises a virtual private network (VPN) application and wherein the destination server comprises a VPN server associated with the VPN application.
Claim 18. The system of claim 11, wherein the user application comprises a virtual private network (VPN) application and wherein the destination server comprises a VPN server associated with the VPN application.
Claim 20. The system of claim 11, wherein the operations further comprise, determining whether a first wireless network is associated with the same MVNO as a second wireless network.
Claim 19. The system of claim 11, wherein the operations further comprise, determining whether the first wireless network is associated with the same MVNO as the second wireless network.
Rationales:
The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Palamara et al. (US 20210297943) discloses APN For Connecting To A Virtual Home Network.
Choi J et al. (US 20190166534) discloses Method for switching carrier networks in user equipment, involves determining whether to switch carrier networks by data processing hardware, and causing user equipment to switch connection to another available carrier network.
Zhang, Shunliang (US 20180041914) discloses Method and Apparatus for Traffic Steering.
Duan, Jianghai (US 20160192240) discloses Method And Device For Network Capacity Control.
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/K. J./
Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
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